2003 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 board has reviewed the action and 
 certified that it is consistent with the comprehensive plan of 
 the board.  

    (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 board under this 
 section in the manner provided for review of a decision of a 
 board of adjustment under section 394.27, subdivision 9, but 
 only after the procedures prescribed under this section have 
 been completed.  

    Subd. 3.    Procedure for certification.  (a) A copy of 
 all notices of public hearings or, when a hearing is not 
 required, a copy of the application to consider any actions of a 
 type specified in subdivision 1, clauses (1) to (3), must be 
 forwarded to the board by the county at least ten days prior to 
 the hearing or meetings to consider the land use actions.  

    (b) The county shall notify the board of its final decision 
 on the proposed action within ten days of the decision.  

    (c) By 30 days from the time it receives the notice, the 
 board shall notify the county and the applicant of its approval 
 or disapproval of the proposed action.  

    Subd. 4.    Disapproval of actions.  (a) If the board 
 issues a notice of disapproval, either the county or the 
 applicant may, within 30 days of notice, file a demand for a 
 hearing with the board.  

    (b) If a demand is not filed during that period, the 
 disapproval becomes final.  

    (c) If a demand is filed within the 30-day period, a 
 hearing shall be held within 60 days of demand and shall be 
 preceded by two weeks' published notice.  Within 30 days after 
 the hearing, the board shall either affirm its disapproval of 
 the proposed action or certify its approval.  

    HIST: 1990 c 391 art 6 s 54