473.175 REVIEW OF COMPREHENSIVE PLANS.
Subdivision 1. For compatibility, conformity.
The council shall review the comprehensive
plans of local governmental units, prepared and submitted pursuant to Laws 1976, chapter
127, sections 1 to 23, to determine their compatibility with each other and conformity with
metropolitan system plans. The council shall review and comment on the apparent consistency
of the comprehensive plans with adopted plans of the council. The council may require a local
governmental unit to modify any comprehensive plan or part thereof if, upon the adoption of
findings and a resolution, the council concludes that the plan is more likely than not to have
a substantial impact on or contain a substantial departure from metropolitan system plans. A
local unit of government may challenge a council action under this subdivision by following
the procedures set forth in section
Subd. 2. 120-day limit, hearing.
Within 120 days following receipt of a comprehensive plan
of a local governmental unit, unless a time extension is mutually agreed to, the council shall return
to the local governmental unit a statement containing its comments and, by resolution, its decision,
if any, to require modifications to assure conformance with the metropolitan system plans.
No action shall be taken by any local governmental unit to place any such comprehensive
plan or part thereof into effect until the council has returned the statement to the unit and until
the local governmental unit has incorporated any modifications in the plan required by a final
decision, order, or judgment made pursuant to section
. Promptly after submission, the
council shall notify each city, town, county, or special district which may be affected by the
plans submitted, of the general nature of the plans, the date of submission, and the identity of
the submitting unit. Political subdivisions contiguous to or within the submitting unit shall be
notified in all cases. Within 30 days after receipt of such notice any governmental unit or district
so notified or the local governmental unit submitting the plan may request the council to conduct
a hearing at which the submitting unit and any other governmental unit or subdivision may
present its views. The council may attempt to mediate and resolve differences of opinion which
exist among the participants in the hearing with respect to the plans submitted. If within 120 days,
unless a time extension is mutually agreed to, the council fails to complete its written statement
the plans shall be deemed approved and may be placed into effect. Any amendment to a plan
subsequent to the council's review shall be submitted to and acted upon by the council in the same
manner as the original plan. The written statement of the council shall be filed with the plan of the
local government unit at all places where the plan is required by law to be kept on file.
Subd. 3. Enforcement to get conforming plan.
If a local governmental unit fails to adopt a
comprehensive plan in accordance with Laws 1976, chapter 127, sections 1 to 23 or if the council
after a public hearing by resolution finds that a plan substantially departs from metropolitan
system plans and that the local governmental unit has not adopted a plan with modifications
required pursuant to section
within nine months following a final decision, order, or
judgment made pursuant to section
, the council may commence civil proceedings to
enforce the provisions of Laws 1976, chapter 127, sections 1 to 23 by appropriate legal action in
the district court where the local governmental unit is located.
History: 1975 c 13 s 19; 1976 c 127 s 14; 1977 c 347 s 68; 1993 c 186 s 10; 1Sp2003 c 16
s 6; 2006 c 194 s 1