394.232 COMMUNITY-BASED PLANNING.
Subdivision 1. General.
Each county is encouraged to prepare and implement a
community-based comprehensive plan. A community-based comprehensive plan is a
comprehensive plan that is consistent with the goals of community-based planning in section
Subd. 2. Notice and participation.
Notice must be given at the beginning of the
community-based comprehensive planning process to the Office of Strategic and Long-Range
Planning, the Department of Natural Resources, the Department of Agriculture, the Department of
Employment and Economic Development, the Board of Water and Soil Resources, the Pollution
Control Agency, the Department of Transportation, local government units, and local citizens to
actively participate in the development of the plan. An agency that is invited to participate in the
development of a local plan but declines to do so and fails to participate or to provide written
comments during the plan development process waives the right during the office's review and
comment period to submit comments, except for comments concerning consistency of the plan
with laws and rules administered by the agency. In determining the merit of the agency comment,
the office shall consider the involvement of the agency in the development of the plan.
Subd. 3. Coordination.
A county that prepares a community-based comprehensive plan
shall coordinate its plan with the plans of its neighbors and its constituent municipalities and
towns in order both to prevent its plan from having an adverse impact on other jurisdictions and
to complement plans of other jurisdictions. The county's community-based comprehensive plan
must incorporate the community-based comprehensive plan of any municipality or town in the
county prepared in accordance with section
. A county may incorporate a municipal
or town community-based comprehensive plan by reference.
Subd. 4. Joint planning.
Under the joint exercise of powers provisions in section
county may establish a joint planning district with other counties, municipalities, and towns, that
are geographically contiguous, to adopt a single community-based comprehensive plan for the
district. The county may delegate its authority to adopt official controls under this chapter to the
board of the joint planning district.
Subd. 5. Review and comment.
(a) The county or joint planning district shall submit its
community-based comprehensive plan to the Office of Strategic and Long-Range Planning for
review of the extent to which the plan promotes local citizen participation, promotes cooperation
among adjacent communities, and demonstrates consideration of the community-based planning
goals in section
. The office has 60 days after submittal to comment on the plan.
(b) The office may not disapprove a community-based comprehensive plan if the office
determines that the plan promotes local citizen participation, promotes cooperation among
adjacent communities, and demonstrates consideration of the community-based planning goals in
(c) If the office disagrees with a community-based comprehensive plan or any elements of
the plan, the office shall notify the county or district in writing of how the plan specifically
fails to address the goals of community-based planning. Upon receipt of the office's written
comments, the county or district has 120 days to revise the community-based comprehensive plan
and resubmit it to the office for reconsideration.
(d) If the county or district refuses to revise the plan or the office disagrees with the revised
plan, the office shall within 60 days notify the county or district that it wishes to initiate the
dispute resolution process in chapter 572A.
(e) Within 60 days of notice from the office, the county or joint planning district shall notify
the office of its intent to enter the dispute resolution process. If the county or district refuses
to enter the dispute resolution process, the county or district is ineligible for any future grant
disbursements related to community-based planning activities through the office.
(f) Priority for other state grants, loans, and other discretionary spending must not be given
to local units of government based on their participation in community-based planning.
Subd. 6. Plan update.
The county board, or the board of the joint planning district, shall
review and update the community-based comprehensive plan periodically, but at least every ten
years, and submit the updated plan to the office of strategic and long-range planning for review
Subd. 7. No mandamus proceeding.
A mandamus proceeding may not be instituted against
a county under this section to require the county to conform its community-based comprehensive
plan to be consistent with the community-based planning goals in section
Subd. 8. Planning authority.
Nothing in this section shall be construed to prohibit or limit
a county's authority to prepare and adopt a comprehensive plan and official controls under this
History: 1997 c 202 art 4 s 5; 1998 c 366 s 78; 1Sp2003 c 4 s 1