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Chapter 40A
Section 40A.04
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Recent History
- 2016 Subd. 1 Amended 2016 c 158 art 1 s 12
This is an historical version of this statute chapter. Also view the most recent published version.
40A.04 STATEWIDE AGRICULTURAL LAND PRESERVATION.
Subdivision 1. Counties. After January 1, 1987, a county located outside of the metropolitan
area may submit to the commissioner and to the regional development commission in which it is
located, if one exists, a proposed agricultural land preservation plan and proposed official controls
implementing the plan. To the extent practicable, submission of the proposal must coincide with
the completion of the county soil survey. The commissioner, in consultation with the regional
development commission, shall review the plan and controls for consistency with the elements
in this chapter and shall submit written comments to the county within 60 days of receipt of the
proposal. The comments must include a determination of whether the plan and controls are
consistent with the elements in this chapter. The commissioner shall notify the county of its
determination. If the commissioner determines that the plan and controls are consistent, the
county shall adopt the controls within 90 days of completion of the commissioner's review. If the
commissioner determines that the plan and controls are not consistent, the comments must include
the additional elements that must be addressed by the county. The county shall amend its plan
and controls to include the additional elements and adopt the amended controls within 120 days
of completion of the commissioner's review.
Subd. 2. Nonmetropolitan city. A city that is located partially within a county in the
metropolitan area but is not included in the definition of the metropolitan area may elect to
be governed by this section. The city may:
(1) request the county outside of the metropolitan area where it is partially located to include
the city in the agricultural land preservation plan and official controls of the county under section
394.32; or
(2) perform the duties of a county independently under this section.
If the city does not elect to be governed by this section, the city may perform the duties of
an authority under chapter 473H.
History: 1984 c 654 art 3 s 34; 1Sp1985 c 13 s 133; 1989 c 313 s 2
Subdivision 1. Counties. After January 1, 1987, a county located outside of the metropolitan
area may submit to the commissioner and to the regional development commission in which it is
located, if one exists, a proposed agricultural land preservation plan and proposed official controls
implementing the plan. To the extent practicable, submission of the proposal must coincide with
the completion of the county soil survey. The commissioner, in consultation with the regional
development commission, shall review the plan and controls for consistency with the elements
in this chapter and shall submit written comments to the county within 60 days of receipt of the
proposal. The comments must include a determination of whether the plan and controls are
consistent with the elements in this chapter. The commissioner shall notify the county of its
determination. If the commissioner determines that the plan and controls are consistent, the
county shall adopt the controls within 90 days of completion of the commissioner's review. If the
commissioner determines that the plan and controls are not consistent, the comments must include
the additional elements that must be addressed by the county. The county shall amend its plan
and controls to include the additional elements and adopt the amended controls within 120 days
of completion of the commissioner's review.
Subd. 2. Nonmetropolitan city. A city that is located partially within a county in the
metropolitan area but is not included in the definition of the metropolitan area may elect to
be governed by this section. The city may:
(1) request the county outside of the metropolitan area where it is partially located to include
the city in the agricultural land preservation plan and official controls of the county under section
394.32; or
(2) perform the duties of a county independently under this section.
If the city does not elect to be governed by this section, the city may perform the duties of
an authority under chapter 473H.
History: 1984 c 654 art 3 s 34; 1Sp1985 c 13 s 133; 1989 c 313 s 2
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Revisor of Statutes