2007 Minnesota Statutes

103F.389 REVIEW AND CERTIFICATION OF LAND USE ACTIONS.
    Subdivision 1. Land use actions covered. To ensure that the comprehensive land use plan
is not nullified by unjustified exceptions in particular cases and to promote uniformity in the
treatment of applications for exceptions, a review and certification procedure is established for the
following categories of land use actions taken by the counties and directly or indirectly affecting
land use within the area covered by the plan:
(1) the adoption or amendment of an ordinance regulating the use of land, including rezoning
of a particular tract of land;
(2) the granting of a variance from provisions of the land use ordinances; and
(3) the approval of a plat which is inconsistent with the land use ordinance.
    Subd. 2. Land use actions must be consistent with plan. (a) Notwithstanding any contrary
provision of chapter 394, an action of a type specified in subdivision 1, clauses (1) to (3), is not
effective until the county board has reviewed the action and certified that it is consistent with
the comprehensive land use plan.
(b) In determining consistency of ordinances and ordinance amendments, the provisions of
the comprehensive land use plan shall be considered minimum standards. An aggrieved person
may appeal a decision of the type specified in subdivision 1, clauses (1) to (3), which is reviewed
by the county board under this section in the manner provided for review of a decision of a board
of adjustment under section 394.27, subdivision 9.
    Subd. 3.[Repealed, 2005 c 47 s 4]
    Subd. 4.[Repealed, 2005 c 47 s 4]
History: 1990 c 391 art 6 s 54; 2005 c 47 s 2