In accordance with legislation effective July 1, 2005, the services provided by the Local Planning
Assistance Center are no longer available. However, resources produced by the Local Planning Assistance
Center through June 30, 2005, will remain available from this web site. The LPA site has also been
archived and can be downloaded via
Please direct requests for information packets to:
Professor Tony Filipovitch, Chair
Urban and Regional Studies Institute
Minnesota State; University at Mankato
106 Morris Hall
Mankato MN 56001
Metropolitan planning act
The following contains excerpts from the Laws of Minnesota, 1999,
Chapter 473. By going to the Revisor
of Statutes web site, you can search by keyword or chapter number to
see the complete law.
Subdivision 1. Terms. For the purposes of this chapter, the terms
defined in this section have the meanings given them in this section,
except as otherwise expressly provided or indicated by the context.
Subd. 2. Metropolitan area or area. "Metropolitan area"
or "area" means the area over which the metropolitan council has
jurisdiction, including only the counties of Anoka, Carver, Dakota
excluding the city of Northfield, Hennepin excluding the city of Hanover,
Ramsey, Scott excluding the city of New Prague, and Washington.
Subd. 3. Metropolitan council or council. "Metropolitan
council" or "council" means the metropolitan council
established by section 473.123.
Subd. 4. Metropolitan county. "Metropolitan county" means
any one of the following counties: Anoka, Carver, Dakota, Hennepin,
Ramsey, Scott or Washington.
Subd. 5. State agency. "State agency" means the state of
Minnesota or any agency, board, commission, department or educational
Subd. 5a. Metropolitan agency. "Metropolitan agency"
means the metropolitan parks and open space commission, metropolitan
airports commission, and metropolitan sports facilities commission.
Subd. 6. Local governmental unit. "Local governmental
unit" means any county, city, town, school district, special district
or other political subdivisions or public corporation, other than the
council or a metropolitan agency, lying in whole or part within the
Subd. 8. Metropolitan significance. "Metropolitan
significance" means a status determined by the metropolitan council
pursuant to the rules and procedures established by section 473.173.
Subd. 10. Policy plan. "Policy plan" means a long-range
comprehensive plan of the metropolitan council.
Subd. 11. Independent commission, board or agency.
"Independent commission, board or agency" means governmental
entities with jurisdictions lying in whole or in part within the
Subd. 12. Metropolitan parks and open space commission.
"Metropolitan parks and open space commission" means the
commission established in sections 473.302 to 473.341.
Subd. 13. Park district. "Park district" means a park
district created under chapter 398.
Subd. 14. Regional recreation open space. "Regional recreation
open space" means land and water areas, or interests therein, and
facilities determined by the metropolitan council to be of regional
importance in providing for a balanced system of public outdoor recreation
for the metropolitan area, including but not limited to park reserves,
major linear parks and trails, large recreation parks, and conservatories,
zoos, and other special use facilities.
Subd. 16. Metropolitan transit area. "Metropolitan transit
area" means the metropolitan area.
Subd. 20. Public transit system or transit system. "Public
transit system" or "transit system" means, without
limitation, a combination of property, structures, improvements,
equipment, plants, parking or other facilities, and rights, or any
thereof, used or useful for the purposes of public transit.
Subd. 20a. Regular route transit. "Regular route transit"
has the meaning given in section 174.22, subdivision 8.
Subd. 23. Interceptor. "Interceptor" means any sewer and
necessary appurtenances thereto, including but not limited to mains,
pumping stations, and sewage flow regulating and measuring stations, which
is designed or used to conduct sewage originating in more than one local
government unit, or which is designed or used to conduct all or
substantially all of the sewage originating in a single local government
unit from a point of collection in that unit to an interceptor or
treatment works outside that unit.
Subd. 24. Metropolitan disposal system. "Metropolitan disposal
system" means any or all of the interceptors or treatment works owned
or operated by the metropolitan council.
Subd. 26. Sewage. "Sewage" means all liquid or
water-carried waste products from whatever source derived, together with
such ground water infiltration and surface water as may be present.
Subd. 32. Metropolitan airports commission. "Metropolitan
airports commission" means the commission established in sections
473.601 to 473.679.
Subd. 33. Major airport. "Major airport" means any
airport now or which may hereafter be operated by the metropolitan
airports commission as a terminal for regular, scheduled air passenger
Subd. 35. Airport. "Airport" means any locality, either
of land or water, including intermediate landing fields, which is used or
intended to be used for the landing and take off of aircraft, whether or
not facilities are provided for the shelter, servicing, or repair of
aircraft, or for receiving or discharging passengers or cargo, and also
includes any facility used in, available for use in, or designed for use
in, aid of air navigation, including, but without limitation, landing
areas, lights, any apparatus or equipment for disseminating
weather information, for signaling, for radio-directional finding, or for
radio or other electrical communication, and any other structure or
mechanism having a similar purpose for guiding or controlling flight in
the air or the landing and take off of aircraft, and also includes, but
without limitation, access roads, parking areas, railroad siding
facilities, such land contiguous or not as may be required for
installations necessary for safe and efficient operation, buildings,
structures, hangars, shops and any personal property usually used in
connection with the operations of such airports,
including specifically, but not exclusively, snow removal or impacting
equipment, fire and ambulance equipment, motor vehicles and equipment for
buildings, structures, hangars, and shops. It includes any area heretofore
in the statutes of this state termed an "airport" or a
473.123 Metropolitan council.
Subdivision 1. Creation. A metropolitan council with jurisdiction
in the metropolitan area is established as a public corporation and
political subdivision of the state. It shall be under the supervision and
control of 17 members, all of whom shall be residents of the metropolitan
Subd. 2a. Terms. Following each apportionment of council districts,
as provided under subdivision 3a, council members must be appointed from
newly drawn districts as provided in subdivision 3a. Each council member,
other than the chair, must reside in the council district represented.
Each council district must be represented by one member of the council.
The terms of members end with the term of the governor, except that all
terms expire on the effective date of the next apportionment. A member
serves at the pleasure of the governor. A member shall continue to serve
the member's district until a successor is appointed and qualified; except
that, following each apportionment, the member shall continue to serve at
large until the governor appoints 16 council members, one from each of the
newly drawn council districts as provided under subdivision 3a, to serve
terms as provided under this section. The appointment to the council must
be made by the
first Monday in March of the year in which the term ends.
Subd. 3. Membership; appointment; qualifications. (a) Sixteen
members must be appointed by the governor from districts defined by this
section. Each council member must reside in the council district
represented. Each council district must be represented by one member of
(b) In addition to the notice required by section 15.0597, subdivision 4,
notice of vacancies and expiration of terms must be published in
newspapers of general circulation in the metropolitan area and the
appropriate districts. The governing bodies of the statutory and home rule
charter cities, counties, and towns having territory in the district for
which a member is to be appointed must be notified in writing. The notices
must describe the appointments process and invite participation and
recommendations on the appointment.
(c) The governor shall create a nominating committee, composed of seven
metropolitan citizens appointed by the governor, to nominate persons for
appointment to the council from districts. Three of the committee members
must be local elected officials. Following the submission of applications
as provided under section 15.0597, subdivision 5, the nominating committee
shall conduct public meetings, after appropriate notice, to accept
statements from or on behalf of persons who have applied or been nominated
for appointment and to allow consultation with and secure the advice of
the public and local elected officials. The committee shall hold the
meeting on each appointment in the district or in a reasonably convenient
and accessible location in the part of the metropolitan area in which the
district is located. The committee may consolidate meetings. Following the
meetings, the committee shall submit to the governor a list of nominees
for each appointment. The governor is not required to appoint from the
(d) Before making an appointment, the governor shall consult with all
members of the legislature from the council district for which the member
is to be appointed.
(e) Appointments to the council are subject to the advice and consent of
the senate as provided in section 15.066.
(f) Members of the council must be appointed to reflect fairly the various
demographic, political, and other interests in the metropolitan area and
(g) Members of the council must be persons knowledgeable about urban and
Subd. 3a. Redistricting. The legislature shall redraw the
boundaries of the council districts after each decennial federal census so
that each district has substantially equal population. Redistricting is
effective in the year ending in the numeral "3." Within 60 days
after a redistricting plan takes effect, the governor shall appoint
members from the newly drawn districts to serve terms as provided under
Subd. 3c. District boundaries. The council district boundaries are
(1) The first council district consists of that portion of Hennepin county
consisting of the cities of Champlin, Corcoran, Dayton, Greenfield,
Independence, Loretto, Maple Grove, Maple Plain, Medicine Lake, Medina,
Minnetrista, Mound, Osseo, Plymouth, Rockford, Rogers, and St. Bonifacius,
and the town of Hassan.
(2) The second council district consists of that portion of Hennepin
county consisting of the cities of Brooklyn Center, Brooklyn Park,
Crystal, New Hope, and Robbinsdale.
(3) The third council district consists of that portion of Hennepin county
consisting of the cities of Deephaven, Edina, Excelsior, Greenwood,
Hopkins, Long Lake, Minnetonka, Minnetonka Beach, Orono, Shorewood, Spring
Park, Tonka Bay, Wayzata, and Woodland.
(4) The fourth council district consists of Carver county, that portion of
Dakota county consisting of the city of Lakeville, that portion of
Hennepin county consisting of the cities of Chanhassen and Eden Prairie,
and that portion of Scott county in the metropolitan area not included in
the fifth council district.
(5) The fifth council district consists of that portion of Hennepin county
consisting of the cities of Bloomington and Richfield and the unorganized
territory of Fort Snelling, and that portion of Scott county consisting of
the cities of Savage and Shakopee.
(6) The sixth council district consists of that portion of Hennepin county
consisting of the cities of Golden Valley and St. Louis Park and that
portion of the city of Minneapolis lying west and south of a line
described as follows: commencing at the intersection of the southern
boundary of the city of Minneapolis and Interstate Highway 35W, northerly
along Interstate Highway 35W to Minnehaha Parkway, northeasterly along
Minnehaha Parkway to 50th Street E., westerly along 50th Street E. to
Stevens Avenue S., northerly along Stevens Avenue S. to 46th Street E.,
westerly along 46th Street E. to Nicollet Avenue S., northerly along
Nicollet Avenue S. to 36th Street W., westerly along 36th Street W. to
Blaisdell Avenue S., northerly along Blaisdell Avenue S. to 34th Street
W., westerly along 34th Street W. to Grand Avenue S., northerly along
Grand Avenue S. to 32nd Street W., westerly along 32nd Street W. to
Harriet Avenue S., northerly along Harriet Avenue S. to 31st Street W.,
westerly along 31st Street W. to Garfield Avenue S., northerly along
Garfield Avenue S. to Lake Street W., westerly along Lake Street W. to
Lyndale Avenue S., northerly along Lyndale Avenue S. to the Burlington
Northern Railroad tracks, westerly along the northern branch of the
Burlington Northern Railroad tracks to Glenwood Avenue N., westerly along
Glenwood Avenue N. to the western boundary of the city of Minneapolis.
(7) The seventh council district consists of that portion of the city of
Minneapolis lying within a line described as follows: commencing at the
intersection of the northern boundary of the city of Minneapolis and the
Mississippi River, southerly along the east bank of the Mississippi River
to State Highway 122 southwesterly along State Highway 122 to Cedar Avenue
S., southerly along Cedar Avenue S. to Minnehaha Avenue, southeasterly
along Minnehaha Avenue to Cedar Avenue S., southerly along Cedar Avenue S.
to Hiawatha Avenue, southerly along Hiawatha Avenue to 28th Street E.,
westerly along 28th Street E. to 21st Avenue S., southerly along 21st
Avenue S. to 32nd Street E., westerly along 32nd Street E. to 19th Avenue
S., southerly along 19th Avenue S. to 34th Street E., westerly along 34th
Street E. to Bloomington Avenue S., southerly along Bloomington Avenue S.
to 36th Street E., westerly along 36th Street E. to 10th Avenue S.,
southerly along 10th Avenue S. to 38th Street E., westerly along 38th
Street E. to Elliot Avenue S., southerly along Elliot Avenue S. to 44th
Street E., westerly along 44th Street E. to Chicago Avenue S., southerly
along Chicago Avenue S. to 50th Street E., westerly along 50th Street E.
to Park Avenue S., southerly along Park Avenue S. to Minnehaha Parkway,
westerly along Minnehaha Parkway to the eastern boundary of the sixth
council district, northerly and westerly along the boundary of the sixth
council district to the western boundary of the city of Minneapolis,
northerly and then easterly along the boundaries of the city of
Minneapolis to the point of origin.
(8) The eighth council district consists of that portion of the city of
Minneapolis not included in the sixth or seventh council district.
(9) The ninth council district consists of that portion of Anoka county
not included in the tenth council district and that portion of Ramsey
county consisting of the cities of Blaine and Spring Lake Park.
(10) The tenth council district consists of that portion of Anoka county
consisting of the cities of Columbia Heights, Coon Rapids, Fridley, and
Hilltop, that portion of Hennepin county consisting of the city of St.
Anthony, and that portion of Ramsey county consisting of the cities of
Mounds View, New Brighton, and St. Anthony.
(11) The eleventh council district consists of that portion of Ramsey
county consisting of the cities of Arden Hills, Gem Lake, Little Canada,
North Oaks, Roseville, Shoreview, Vadnais Heights, and White Bear Lake and
the town of White Bear, and
that portion of the city of Maplewood not included in the twelfth council
district, and that portion of Washington county consisting of the city of
White Bear Lake.
(12) The twelfth council district consists of that portion of Ramsey
county consisting of the city of North St. Paul and that portion of the
city of Maplewood lying east and south of a line described as follows:
commencing at the intersection of the southern boundary of the city of
Maplewood and White Bear Avenue, northerly along White Bear Avenue to
North St. Paul Road, northeasterly along North St. Paul Road to the
eastern boundary of the city of Maplewood, and that portion of Washington
county not included in the eleventh or sixteenth council district.
(13) The thirteenth council district consists of that portion of Ramsey
county consisting of that portion of the city of St. Paul lying south of a
line described as follows: commencing at the intersection of the eastern
boundary of the city of St. Paul and Old Hudson Road, westerly along Old
Hudson Road to White Bear Avenue, northerly along White Bear Avenue to
East 3rd Street, westerly along East 3rd Street to Johnson Parkway,
northerly along Johnson Parkway to East 4th Street, westerly along East
4th Street to Mounds Boulevard, southeasterly along Mounds Boulevard to
East 3rd Street, southeasterly along East 3rd Street to the Burlington
Northern Railroad tracks, northerly along the Burlington Northern Railroad
tracks to the east-west Burlington Northern Railroad tracks, westerly
along the east-west Burlington Northern Railroad tracks to Interstate
Highway 35E, southerly along Interstate Highway 35E to University Avenue,
westerly along University Avenue to Cleveland Avenue, southerly along
Cleveland Avenue to Interstate Highway 94, westerly along Interstate
Highway 94 to the western boundary of the city of St. Paul.
(14) The fourteenth council district consists of that portion of Ramsey
county consisting of the cities of Falcon Heights and Lauderdale, and that
portion of the city of St. Paul not included in the thirteenth council
(15) The fifteenth council district consists of that portion of Dakota
county consisting of the cities of Apple Valley, Burnsville, Eagan,
Lilydale, Mendota, and Mendota Heights.
(16) The sixteenth council district consists of that portion of Dakota
county in the metropolitan area not included in the fourth or fifteenth
council district, and that portion of Washington county consisting of the
cities of Cottage Grove, Hastings, and St. Paul Park, and the towns of
Denmark and Grey Cloud Island.
Subd. 4. Chair; appointment, officers, selection; duties and compensation.
(a) The chair of the metropolitan council shall be appointed by the
governor as the 17th voting member thereof by and with the advice and
consent of the senate to serve at the pleasure of the governor to
represent the metropolitan area at large. Senate confirmation shall be as
provided by section 15.066.
The chair of the metropolitan council shall, if present, preside at
meetings of the council, have the primary responsibility for meeting with
local elected officials, serve as the principal legislative liaison,
present to the governor and the legislature, after council approval, the
council's plans for regional governance and operations, serve as the
principal spokesperson of the council, and perform other duties assigned
by the council or by law.
(b) The metropolitan council shall elect other officers as it deems
necessary for the conduct of its affairs for a one-year term. A secretary
and treasurer need not be members of the metropolitan council. Meeting
times and places shall be fixed by the metropolitan council and special
meetings may be called by a majority of the members of the metropolitan
council or by the chair. The chair and each metropolitan council member
shall be reimbursed for actual and necessary expenses. The annual budget
of the council shall provide as a separate account anticipated
expenditures for compensation, travel, and associated expenses for the
chair and members, and compensation or reimbursement shall be made to the
chair and members only when budgeted.
(c) Each member of the council shall attend and participate in council
meetings and meet regularly with local elected officials and legislative
members from the council member's district. Each council member shall
serve on at least one division committee for transportation, environment,
or community development.
(d) In the performance of its duties the metropolitan council may adopt
policies and procedures governing its operation, establish committees,
and, when specifically authorized by law, make appointments to other
governmental agencies and districts.
473.129 Powers of metropolitan council.
Subdivision 1. General powers. The metropolitan council shall have
and exercise all powers which may be necessary or convenient to enable it
to perform and carry out the duties and responsibilities now existing or
which may hereafter be imposed upon it by law. Such powers include the
specific powers enumerated in this section.
Subd. 2. Employees. The metropolitan council shall prescribe all
terms and conditions for the employment of its employees including, but
not limited to, adopting a compensation and classification plan for its
employees. Employees of the metropolitan council are public employees and
are members of the Minnesota state retirement system. Those employed by a
predecessor of the metropolitan council and transferred to it may at their
option become members of the Minnesota state retirement system or may
continue as members of the public retirement association to which they
belonged as employees of the predecessor of the metropolitan council. The
metropolitan council shall make the employer's contributions to pension
funds of its employees.
Subd. 3. Consulting contracts. The metropolitan council may
contract for the services of consultants who perform engineering, legal,
or services of a professional nature. Such contracts shall not be subject
to the requirements of any law relating to public bidding.
Subd. 5. Local governmental participation. The metropolitan council
may (1) participate as a party in any proceedings originating before the
Minnesota municipal board under chapter 414, if the proceedings involve
the change in a boundary of a governmental unit in the metropolitan area,
and (2) conduct studies of the feasibility of annexing, enlarging, or
consolidating units in the metropolitan area.
Subd. 6. On metro agencies. (a) The metropolitan council shall
appoint from its membership a member to serve with each metropolitan
agency. Each member of the metropolitan council so appointed on each of
such agencies shall serve without a vote.
(b) The metropolitan council shall also appoint individuals to the
governing body of the cable communications metropolitan interconnected
regional channel entity under section 238.43, subdivision 5.
Subd. 7. Property. The council may acquire, own, hold, use, improve,
operate, maintain, lease, exchange, transfer, sell, or otherwise dispose
of personal or real property, franchises, easements, or property rights or
interests of any kind.
473.149 Solid waste comprehensive planning.
Subdivision 1. Policy plan; general requirements. The director of
the office of environmental assistance may revise the metropolitan long
range policy plan for solid waste management adopted and revised by the
metropolitan council prior to the transfer of powers and duties in Laws
1994, chapter 639, article 5, section 2. The plan shall be followed in the
metropolitan area. Until the director revises it, the plan adopted and
revised by the council on September 26, 1991, remains in effect. The plan
shall address the state policies and purposes expressed in section
115A.02. In revising the plan the director shall follow the procedures in
subdivision 3. The plan shall include goals and policies for solid waste
management, including recycling consistent with section 115A.551, and
household hazardous waste management consistent with section 115A.96,
subdivision 6, in the metropolitan area.
The plan shall include criteria and standards for solid waste facilities
and solid waste facility sites respecting the following matters: general
location; capacity; operation; processing techniques; environmental
impact; effect on existing, planned, or proposed collection services and
waste facilities; and economic viability. The plan shall, to the extent
practicable and consistent with the achievement of other public policies
and purposes, encourage ownership and operation of solid waste facilities
by private industry. For solid waste facilities owned or operated by
public agencies or supported primarily by public funds or obligations
issued by a public agency, the plan shall include additional criteria and
standards to protect comparable private and public facilities already
existing in the area from displacement unless the displacement is required
in order to achieve the waste management objectives identified in the
plan. In revising the plan, the director shall consider the orderly and
economic development, public and private, of the metropolitan area; the
preservation and best and most economical use of land and water resources
metropolitan area; the protection and enhancement of environmental
quality; the conservation and reuse of resources and energy; the
preservation and promotion of conditions conducive to efficient,
competitive, and adaptable systems of waste management; and the orderly
resolution of questions concerning changes in systems of waste management.
Criteria and standards for solid waste facilities shall be consistent with
rules adopted by the pollution control agency pursuant to chapter 116 and
shall be at least as stringent as the guidelines, regulations, and
standards of the federal Environmental Protection Agency.
Subd. 2d. Land disposal abatement plan. (a) The director shall include in
the policy plan specific and quantifiable metropolitan objectives for
abating to the greatest feasible and prudent extent the need for and
practice of land disposal of mixed municipal solid waste and of specific
components of the solid waste stream, including residuals and ash, either
by type of waste or class of generator.
(b) The objectives must be stated in six-year increments for a period of
at least 20 years from the date of adoption of policy plan revisions. The
plan must include a reduced estimate of the capacity, based on the
abatement objectives, needed for the disposal of various types of waste in
each six-year increment.
(c) The plan must include objectives for waste reduction and measurable
objectives for local abatement of solid waste through resource recovery,
recycling, and source separation programs for each metropolitan county
stated in six-year increments for a period of at least 20 years from the
date of adoption of policy plan revisions.
(d) The standards must be based upon and implement the metropolitan
abatement objectives. The plan must include standards and procedures to be
used by the director in determining whether a metropolitan county has
implemented the metropolitan land disposal abatement plan and has achieved
the objectives for local abatement.
Subd. 2e. Disposal capacity needs. After requesting and considering
recommendations from the counties, cities, and towns, the director as part
of the policy plan shall determine the capacity needed to serve the
metropolitan area for disposal of solid waste, including residuals and
ash, in six-year increments for a period of at least 20 years from
adoption of policy plan revisions. In making the capacity determination,
the director must take into account the reduced estimate of disposal
capacity needed because of the land disposal abatement plan.
The director's determination must include standards and procedures for
certification of need pursuant to section 473.823.
Subd. 3. Preparation; adoption; and revision. (a) The solid waste policy
plan shall be prepared, adopted, and revised as necessary in accordance
with paragraphs (c) to (e), after consultation with the metropolitan
counties and the pollution control agency.
(b) Revisions to the policy plan are exempt from the rulemaking provisions
of chapter 14.
(c) Before beginning preparation of revisions to the policy plan, the
director shall publish a predrafting notice in the State Register that
includes a statement of the subjects expected to be covered by the
revisions, including a summary of the important problems and issues. The
notice must solicit comments from the public and state that the comments
must be received by the director within 45 days of publication of the
notice. The director shall consider the comments in preparing the
(d) After publication of the predrafting notice and before adopting
revisions to the policy plan, the director shall publish a notice in the
State Register that:
(1) contains a summary of the proposed revisions;
(2) invites public comment;
(3) lists locations where the proposed revised policy plan can be reviewed
and states that copies of the proposed revised policy plan can also be
obtained from the office;
(4) states a location for a public meeting on the revisions at a time no
earlier than 30 days from the date of publication; and
(5) advises the public that they have 30 days from the date of the public
meeting in clause (4) to submit comments on the revisions to the director.
(e) At the meeting described in paragraph (d), clause (4), the public
shall be given an opportunity to present their views on the policy plan
revisions. The director shall incorporate any amendments to the proposed
revisions that, in the director's view, will help to carry out the
requirements of subdivisions 1, 2d, and 2e. At or before the time that
policy plan revisions are finally adopted, the director shall issue a
report that addresses issues raised in the public comments. The report
shall be made available to the public and mailed to interested persons who
have submitted their names and addresses to the director.
(f) The criteria and standards adopted in the policy plan for review of
solid waste facility permits pursuant to section 473.823, subdivision 3;
for issuance of certificates of need pursuant to section 473.823,
subdivision 6; and for review of solid waste contracts pursuant to section
473.813 may be appealed to the court of appeals within 30 days after final
adoption of the policy plan. The court may declare the challenged portion
of the policy plan invalid if it violates constitutional provisions, is in
excess of statutory authority of the director, or was adopted without
compliance with the procedures in this subdivision. The review shall be on
the record created during the adoption of the policy plan, except that
additional evidence may be included in the record if the court finds that
the additional evidence is material and there
were good reasons for failure to present it in the proceedings described
in paragraphs (c) to (e).
(g) The metropolitan council or a metropolitan county, local government
unit, commission, or person shall not acquire, construct, improve or
operate any solid waste facility in the metropolitan area except in
accordance with the plan and section
473.823, provided that no solid waste facility in use when a plan is
adopted shall be discontinued solely because it is not located in an area
designated in the plan as acceptable for the location of such facilities.
473.156 Metropolitan water use and
Subdivision 1. Plan components. The metropolitan council shall
develop a short-term and long-term plan for existing and expected water
use and supply in the metropolitan area. The plan shall be submitted to
and reviewed by the commissioner of natural resources for consistency with
the statewide drought plan under section 103G.293. At a minimum, the plans
(1) update the data and information on water supply and use within the
metropolitan area and develop a water use and availability database;
(2) identify and evaluate alternative courses of action, including water
conservation initiatives and economic alternatives, in case of drought or
(3) develop regional surface water and use projection models for resource
(4) recommend long-term approaches to resolving problems that may develop
because of water use and supply with consideration given to problems that
occur outside of the metropolitan area, but which have an effect within
the area; and
(5) be consistent with the statewide drought plan under section 103G.293.
473.157 Water resources plan.
To help achieve federal and state water quality standards, provide
effective water pollution control, and help reduce unnecessary investments
in advanced wastewater treatment, the council shall adopt a water
resources plan that includes management objectives and target pollution
loads for watersheds in the metropolitan area. The council shall recommend
to the board of water and soil resources performance standards for
watershed plans in the metropolitan area, including standards relating to
the timing of plan revisions and proper water quality management.
473.175 Review of comprehensive plans; school
Subdivision 1. For compatibility, conformity. The council shall
review the comprehensive plans of local governmental units and the capital
improvement programs of school districts, 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 and capital improvement programs with adopted
plans of the council. The council may require a local governmental unit to
modify any comprehensive plan or part thereof which may have a substantial
impact on or contain a substantial departure from metropolitan system
Subd. 2. 120-day limit, hearing. Within 120 days following receipt
of a capital improvement program of a school district, unless a time
extension is mutually agreed to, the council shall return to the school
district a statement containing its comments. 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 or school district
to place any such comprehensive plan, capital improvement program or part
thereof into effect until the council has returned the statement to the
unit or district 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 473.866. Promptly after submission, the
council shall notify each city, town, county, or special district which
may be affected by the plans or programs submitted, of the general nature
of the plans or programs, the date of submission, and the identity of the
submitting unit or district. Political subdivisions contiguous to or
submitting unit or district 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 or district submitting the plan or program
may request the council to conduct a hearing at which the submitting unit
or district 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 or programs submitted. If within 120 days, unless a time
extension is mutually agreed to, the council fails to complete its written
statement the plans or programs shall be deemed approved and may be placed
into effect. Any amendment to a plan or program subsequent to the
council's review shall be submitted to and acted upon by the council in
the same manner as the original plan or program. The written statement of
the council shall be filed with the plan of the local government unit or
the program of the school district at all places where the plan or program
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 473.866 within nine months following a final decision,
order, or judgment made pursuant to section 473.866, 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.
473.191 Local planning assistance.
Subdivision 1. Comprehensive community planning. The metropolitan
council may, at the request of local governmental units, enter into
contracts or make other arrangements with local governmental units and
others for the provision of services for and assistance with comprehensive
community planning. This may include:
(a) Assistance in the preparation, as a guide for long-range development,
of general physical plans with respect to the pattern and intensity of
land use and the provision of public facilities together with long-range
fiscal plans for such development;
(b) Programming of capital improvements based on a determination of
relative urgency, together with definitive financing plans for the
improvements to be constructed in the earlier years of the program;
(c) Coordination of all related plans of the departments or subdivision of
the government concerned;
(d) Intergovernmental coordination of all related planned activities among
the state and local governmental agencies concerned; and
(e) Preparation of regulatory and administrative measures in support of
Subd. 2. Water resources. The metropolitan council may provide
technical assistance to cities, counties, and towns to expedite adoption
and enforcement of local ordinances under sections 103F.121, 103F.201 to
103F.221, and 473.206 to 473.208.
473.195 Housing and redevelopment authority
Subdivision 1. Under chapter 469; exceptions. In addition to, and
not in limitation of, all other powers invested in it by law, the council,
and the members thereof, shall have, throughout the metropolitan area, the
same functions, rights, powers, duties, privileges, immunities and
limitations as are provided for housing and redevelopment authorities
created for municipalities, and for the commissioners of such authorities.
The provisions of sections 469.001 to 469.047 and of all other laws
relating to housing and redevelopment authorities shall be applicable to
the council when functioning as an authority, except as herein provided or
as clearly indicated otherwise from the context of such laws. Section
469.003 shall have no application to the council nor to any municipality
or county within which the council undertakes a project. Any municipality
or county, and the governing bodies of any municipality or county, within
and for which the council undertakes a project shall have all the powers,
authority and obligations granted to municipalities and counties by the
provisions of sections 469.001 to 469.047 and all other laws relating to
housing and redevelopment authorities. The council may plan and propose
projects within the boundaries of any municipality, and may otherwise
exercise the powers of an authority at any time;
provided, however, that the council shall not implement any housing
project, housing development project, redevelopment project or urban
renewal project within the boundaries of any municipality or county
without the prior approval of the governing body of the municipality or
county in which any such project is to be located; and provided further
that the council shall not propose any project to the governing body of a
municipality or county having an active authority created pursuant to
section 469.003, or pursuant to special legislation, without first
submitting the proposed project to the municipal or county authority for
its review and recommendations; and provided further that as to any
project proposed by the council and approved by the municipality or
county, the council shall not undertake the project if within 60 days
after it has been proposed, the municipality or county agrees to undertake
the project. Notwithstanding section 469.012, subdivision 3, the council
may plan and administer a section 8 program in the metropolitan area
without the approval of the governing body of the local governmental unit
or housing and redevelopment authority in whose jurisdiction the program
is operated. The council shall not operate a section 8 program in the
jurisdiction of a local governmental unit or housing and redevelopment
authority in the metropolitan area which was operating its own section 8
program under a separate annual contributions contract with the Department
of Housing and Urban Development on January 1, 1990, provided that the
council may operate or administer a section 8 program within such
jurisdictions under the provisions of section 471.59, or any other
appropriate law providing for joint or cooperative action between
governmental units. For purposes of this subdivision, "section 8
program" has the meaning given it in section 469.002, subdivision 24.
For the purposes of this subdivision, "annual contributions
contract" has the meaning given it in United States Code, title 42,
section 1437f, and implementing federal regulations. All plans and
projects of the council shall be consistent with the comprehensive
Subd. 2. Technical assistance. The council may provide technical
assistance to existing municipal or county housing and redevelopment
authorities at the request of such authorities.
Subd. 3. Federal, state agent; cooperation. The council may
cooperate with or act as agent for the federal government, the state
government, or any agencies or instrumentalities thereof, in carrying out
the provisions of any federal or state legislation relating to the general
purposes of the Municipal Housing and Redevelopment Act.
Subd. 4. Citizen participation. The council shall, as part of any
project proposal to a municipality, propose a means for citizens
substantially affected by the proposed project to participate in the
formulation and carrying out of projects undertaken by the council
pursuant to the terms of sections 473.194 to 473.201.
473.206 Local ordinances.
Each county, city or town in the metropolitan area shall be provided with
standards, criteria and suggested model ordinances
and may, after review and comment by the metropolitan council, adopt
ordinances which provide for the protection of the resources that are the
subject of the standards, criteria, and model ordinances.
473.505 Total watershed management.
The metropolitan council may enter into agreements with other governmental
bodies and agencies and spend funds to implement total watershed
management. "Total watershed management" means identifying and
quantifying at a watershed level the (1) sources of pollution, both point
and nonpoint, (2) causes of conditions that may or may not be a result of
pollution, and (3) means of reducing pollution or alleviating adverse
conditions. The purpose of total watershed management is to achieve the
best water quality for waters of the state receiving the effluent of the
metropolitan disposal system for the lowest total costs, without regard to
who will incur those costs.
473.513 Municipal plans and programs.
As soon as practicable after the adoption of the first policy plan by the
council as provided in section 473.146, and before undertaking the
construction of any extensions or additions to its disposal system or the
substantial alteration or improvement of its existing disposal system,
each local government unit shall adopt a similar policy plan for the
collection, treatment and disposal of sewage for which the local
government unit is responsible, coordinated with the council's plan, and
may revise the same as often as it deems necessary. Each such plan shall
be submitted forthwith to the council for review and shall be subject to
the approval of the council as to those features affecting the council's
responsibilities as determined by the council. Any such features
disapproved by the council shall be modified in accordance with the
council's recommendations. No construction of new sewers or other disposal
facilities, and no substantial alteration or
improvement of any existing sewers or other disposal facilities
involving such features, shall be undertaken by any local government unit
unless its governing body shall first find the same to be in accordance
with its comprehensive plan and program as approved by the council. At the
time each local government unit makes application to the Minnesota
pollution control agency for a permit to alter or improve its disposal
system it shall file with the council a copy of the application together
with design data and a location map of the project.
473.515 Sewage collection and disposal; powers.
Subdivision 1. Identification of powers. In addition to all other
powers conferred upon or delegated to the council hereunder, it shall have
the powers specified in this section.
Subd. 2. Right to discharge treated sewage. The council shall have
the right to discharge the effluent from any treatment works operated by
it into any waters of the state in accordance with any effluent or water
quality standards lawfully adopted by the pollution control agency.
Subd. 3. Connections with metropolitan system. The council may
require any person or local government unit in the metropolitan area to
provide for the discharge of its sewage, directly or indirectly, into the
metropolitan disposal system, or to connect any disposal system or part
thereof with the metropolitan disposal system wherever reasonable
opportunity therefor is provided; may regulate the manner in which such
connections are made; may require any person or local government unit
discharging sewage into the metropolitan disposal system to provide
preliminary treatment therefor; may prohibit the discharge into the
metropolitan disposal system of any substance which it determines will or
may be harmful to the system or any persons operating it; and may require
any local government unit to discontinue the acquisition, betterment, or
operation of any facility for its disposal system wherever and so far as
adequate service is or will be provided by the metropolitan disposal
473.803 Metropolitan county planning.
Subdivision 1. County master plans; general requirements. Each
metropolitan county, following adoption or revision of the metropolitan
policy plan and in accordance with the dates specified therein, and after
consultation with all affected local government units, shall prepare and
submit to the director for approval, a county solid waste master plan to
implement the policy plan. The master plan shall be revised and
resubmitted at such times as the metropolitan policy plan may require. The
master plan shall describe county solid waste activities, functions, and
facilities; the existing system of solid waste generation, collection, and
processing, and disposal within the county; proposed mechanisms for
complying with the recycling requirements of section 115A.551, and the
household hazardous waste management requirements of section 115A.96,
subdivision 6; existing and proposed county and municipal ordinances and
license and permit requirements relating to solid waste facilities and
solid waste generation, collection, and processing, and disposal; existing
or proposed municipal, county, or private solid waste facilities and
collection services within the county together with schedules of existing
rates and charges to users and statements as to the extent to which such
facilities and services will or may be used to implement the policy plan;
and any solid waste facility which the county owns or plans to acquire,
construct, or improve together with statements as to the planned method,
estimated cost and time of acquisition, proposed procedures for operation
and maintenance of each facility; an estimate of the annual cost of
operation and maintenance of each facility; an estimate of the annual
gross revenues which will be received from the operation of each facility;
and a proposal for the use of each facility after it is no longer needed
or usable as a waste facility. The master plan shall, to the extent
practicable and consistent with the achievement of other public policies
and purposes, encourage ownership and operation of solid waste facilities
by private industry. For solid waste facilities owned or operated by
public agencies or supported primarily by public funds or obligations
issued by a public agency, the master plan shall contain criteria and
standards to protect comparable private and public facilities already
existing in the area from displacement unless the displacement is required
in order to achieve the waste management objectives identified in
Subd. 1c. County abatement plan. Each county shall revise its
master plan to include a land disposal abatement element to implement the
metropolitan land disposal abatement plan adopted under section 473.149,
subdivision 2d, and shall submit the revised master plan to the director
for review under subdivision 2 within nine months after the adoption of
the metropolitan abatement plan. The county plan must implement the local
abatement objectives for the county and cities within the county as stated
in the metropolitan abatement plan. The county abatement plan must include
specific and quantifiable county objectives, based on the objectives in
the metropolitan abatement plan, for abating to the greatest feasible and
prudent extent the need for and practice of land disposal of mixed
municipal solid waste and of specific components of the solid waste stream
generated in the county, stated in six-year increments for a period of at
least 20 years from the date of metropolitan policy plan revisions. The
plan must include measurable performance standards for local abatement of
solid waste through resource recovery and waste reduction and separation
programs and activities for the county as a whole and for statutory or
home rule charter cities of the first, second, and third class,
respectively, in the county, stated in six-year increments for a period of
at least 20 years from the date of metropolitan policy plan revisions. The
performance standards must implement the metropolitan and county abatement
objectives. The plan must include standards and procedures to be used by
the county in determining annually under subdivision 3 whether a city
within the county has implemented the plan and has satisfied the
performance standards for local abatement. The master plan revision
required by this subdivision must be prepared in consultation with the
advisory committee established pursuant to subdivision 4.
Subd. 1d. Plans for required use of resource recovery facilities.
Plans proposing designation of resource recovery facilities pursuant to
section 473.811, subdivision 10, shall evaluate the benefits of the
proposal, including the public purposes achieved by the conservation and
recovery of resources, the furtherance of local, district, or regional
waste management plans and policies, and the furtherance of the state
policies and purposes expressed in section 115A.02, and also the costs of
the proposal, including not only the direct capital and operating costs of
the facility but also any indirect costs and adverse long-term effects of
the designation. In particular the plan shall evaluate:
(a) whether the required use will result in the recovery of resources or
energy from materials which would otherwise be wasted;
(b) whether the required use will lessen the demand for and use of land
(c) whether the required use is necessary for the financial support of the
(d) whether less restrictive methods for ensuring an adequate solid waste
supply are available;
(e) all other feasible and prudent waste processing alternatives for
accomplishing the purposes of the proposed designation, the direct and
indirect costs of the alternatives, including capital and operating costs,
and the effects of the alternatives on the cost to generators.
Subd. 2. Director review. The director shall review each master
plan or revision thereof to determine whether it is consistent with the
metropolitan policy plan. If it is not consistent, the director shall
disapprove and return the plan with its comments to the county for
revision and resubmittal. The county shall have 90 days to revise and
resubmit the plan for the director's approval. Any county solid waste plan
or report approved by the council prior to July 1, 1994, shall remain in
effect until a new master plan is submitted to and approved by the
director in accordance with this section.
The director shall review the household hazardous waste management portion
of each county's plan in cooperation with the
Subd. 2a. Waste abatement. The director may require any county that
fails to meet the waste abatement objectives contained in the metropolitan
policy plan to amend its master plan to address methods to achieve the
objectives. The master plan amendment is subject to review and approval as
provided in subdivision 2 and must consider at least:
(1) minimum recycling service levels for solid waste generators;
(2) mandatory generator participation in recycling programs including
separation of recyclable material from mixed municipal solid waste;
(3) use of organized solid waste collection under section 115A.94; and
(4) waste abatement participation incentives including provision of
storage bins, weekly collection of recyclable material, expansion of the
types of recyclable material for collection, collection of recyclable
material on the same day as collection of solid waste, and financial
incentives such as basing charges to generators for waste collection
services on the volume of waste generated and discounting collection
charges for generators who separate recyclable material for collection
separate from their solid waste.
Subd. 4. Advisory committee. Each county shall establish a solid
waste management advisory committee to aid in the preparation of the
county master plan, any revisions thereof, and such additional matters as
the county deems appropriate. The committee must consist of citizen
representatives, representatives from towns and cities within the county,
and representatives from private waste management firms. The committee
must include residents of towns or cities within the county containing
solid waste disposal facilities.
The director or the director's appointee is a nonvoting ex officio member
of the committee.
Subd. 5. Role of private sector; county oversight. A county may
include in its solid waste management master plan and in its plan for
county land disposal abatement a determination that the private sector
will achieve, either in part or in whole, the goals and requirements of
sections 473.149 and 473.803, as long as the county:
(1) retains active oversight over the efforts of the private sector and
monitors performance to ensure compliance with the law and the goals and
standards in the metropolitan policy plan and the county master plan;
(2) continues to meet its responsibilities under the law for ensuring
proper waste management, including, at a minimum, enforcing waste
management law, providing waste education, promoting waste reduction, and
providing its residents the opportunity to recycle waste materials; and
(3) continues to provide all required reports on the county's progress in
meeting the waste management goals and standards of this chapter and
473.858 Comprehensive plans; local governmental
Subdivision 1. No conflicting zoning, fiscal device, official control.
Within three years following the receipt of the metropolitan system
statement, every local governmental unit shall have prepared a
comprehensive plan in accordance with sections 462.355, subdivision 4,
473.175, and 473.851 to 473.871 and the applicable planning statute and
shall have submitted the plan to the metropolitan council for review
pursuant to section 473.175. The provisions of sections 462.355,
subdivision 4, 473.175, and 473.851 to 473.871 shall supersede the
provisions of the applicable planning statute wherever a conflict may
exist. If the comprehensive municipal plan is in conflict with the zoning
ordinance, the zoning ordinance shall be brought into conformance with the
plan by local government units in conjunction with the review and, if
necessary, amendment of its comprehensive plan required under section
473.864, subdivision 2. After August 1, 1995, a local government unit
shall not adopt any fiscal device or official control which is in conflict
with its comprehensive plan, including any amendments to the plan, or
which permits activity in conflict with metropolitan system plans, as
defined by section 473.852, subdivision 8. The comprehensive plan shall
provide guidelines for the timing and sequence of the adoption of official
controls to ensure planned, orderly, and staged development and
redevelopment consistent with the comprehensive plan. For purposes of this
section, a fiscal device or official control shall not be considered to be
in conflict with a local government unit's comprehensive plan or to permit
an activity in conflict with metropolitan system plans if such fiscal
device or official control is adopted to ensure the planned, orderly, and
staged development of urbanization or redevelopment areas designated in
the comprehensive plan pursuant to section 473.859, subdivision 5.
Subd. 2. Adjacent review, comment. Local governmental units shall
submit their proposed plans to adjacent governmental units and affected
school districts for review and comment at least six months prior to
submission of the plan to the council and shall submit copies to them on
the submission of the plan to the council.
Subd. 3. When to council. The plans shall be submitted to the
council following approval by the planning commission of the unit and
after consideration but before final approval by the governing body of the
Subd. 4. Status of old, new programs, plans, controls.
Comprehensive plans, capital improvement programs, sewer policy plans and
official controls of local governmental units adopted prior to the
requirements of sections 462.355, subdivision 4, 473.175, and 473.851 to
473.871 shall remain in force and effect until amended, repealed or
superseded by plans or controls adopted pursuant to sections 462.355,
subdivision 4, 473.175, and 473.851 to 473.871. Existing comprehensive
plans, capital improvement programs, sewer policy plans, and official
controls may be amended and new capital improvement programs and official
controls may be prepared and adopted prior to the submission to the
council of comprehensive plans required by sections 462.355, subdivision
4, 473.175, and 473.851 to 473.871.
473.859 Comprehensive plan content.
Subdivision 1. Contents. The comprehensive plan shall contain
objectives, policies, standards and programs to guide public and private
land use, development, redevelopment and preservation for all lands and
waters within the jurisdiction of the local governmental unit through 1990
and may extend through any year thereafter which is evenly divisible by
five. Each plan shall specify expected industrial and commercial
development, planned population distribution, and local public facility
capacities upon which the plan is based. Each plan shall contain a
discussion of the use of the public facilities specified in the
metropolitan system statement and the effect of the plan on adjacent local
governmental units and affected school districts. Existing plans and
official controls may be used in whole or in part following modification,
necessary, to satisfy the requirements of sections 462.355, subdivision 4,
473.175, and 473.851 to 473.871. Each plan may contain an
intergovernmental coordination element that describes how its planned land
uses and urban services affect other communities, adjacent local
government units, the region, and the state, and that includes guidelines
for joint planning and decision making with other communities, school
districts, and other jurisdictions for siting public schools, building
public facilities, and sharing public services.
Each plan may contain an economic development element that identifies
types of mixed use development, expansion facilities for businesses, and
methods for developing a balanced and stable economic base.
The comprehensive plan may contain any additional matter which may be
included in a comprehensive plan of the local governmental unit pursuant
to the applicable planning statute.
Subd. 2. Land use plan. A land use plan shall include the water
management plan required by section 103B.235, and shall designate the
existing and proposed location, intensity and extent of use of land and
water, including lakes, wetlands, rivers, streams, natural drainage
courses, and adjoining land areas that affect water natural resources, for
agricultural, residential, commercial, industrial and other public and
private purposes, or any combination of such purposes. A land use plan
shall contain a protection element, as appropriate, for historic sites,
the matters listed in the water management plan required by section
103B.235, and an element for protection and development of access to
direct sunlight for solar energy systems. A land use plan shall also
include a housing element containing standards, plans and programs for
providing adequate housing opportunities to meet existing and projected
local and regional housing needs, including but not limited to the use of
official controls and land use planning to promote the availability of
land for the development of low and moderate income housing.
Subd. 3. Public facilities plan. A public facilities plan shall
describe the character, location, timing, sequence, function, use and
capacity of existing and future public facilities of the local
governmental unit. A public facilities plan must be in at least such
detail as may be necessary to establish existing or potential effects on
or departures from metropolitan system plans and to protect metropolitan
system plans. A public facilities plan shall contain at least the
(1) a transportation plan describing, designating and scheduling the
location, extent, function and capacity of existing and proposed local
public and private transportation services and facilities;
(2) a sewer policy plan describing, designating and scheduling the areas
to be sewered by the public system, the existing and planned capacities of
the public system, the standards and conditions under which the
installation of private sewer systems will be permitted, and to the extent
practicable, the areas not suitable for public or private systems because
of public health, safety and welfare considerations;
(3) a parks and open space plan describing, designating and scheduling the
existing and proposed parks and recreation open spaces within the
(4) a water supply plan including:
(i) a description of the existing water supply system, including the
source of water, well and treatment plant locations, and major supply
lines; an inventory of commercial and industrial users; an indication of
the community's intent to make future changes or additions to the system,
including projections for population and industrial and commercial use and
the methods by which this growth will be served;
(ii) a statement of the community's objectives, policies, and standards
for operating the water supply system;
(iii) a conservation program that contains the goals of the program,
demand and supply conservation techniques to be used, an evaluation of
pricing methods that could be used to reduce demand, the conditions under
which conservation actions would occur, a process for reducing
nonessential uses according to the priority system under section 103G.261,
and the education program that will be used to inform the public of the
need to conserve and the methods available to achieve conservation;
(iv) an emergency preparedness or contingency plan, as described in
section 103G.291, subdivision 3;
(v) an indication of the possibility for joint efforts with neighboring
communities or other public entities for sharing water sources and
treatment, interconnection for routine or emergency supply, pursuit of
alternative supplies, and water source protection;
(vi) a statement of the water supply problems that the community
experiences or expects to experience and any proposed solutions,
especially those that would impact other communities or the region; and
(vii) a wellhead protection plan prepared in accordance with rules adopted
by the commissioner of health under section 103I.101, subdivision 5,
Subd. 4. Implementation program. An implementation program shall
describe public programs, fiscal devices and other specific actions to be
undertaken in stated sequence to implement the comprehensive plan and
ensure conformity with metropolitan system plans. An implementation
program must be in at least such detail as may be necessary to establish
existing or potential effects on or departures from metropolitan system
plans and to protect metropolitan system plans. An implementation program
shall contain at least the following parts:
(1) a description of official controls, addressing at least the matters of
zoning, subdivision, water supply, and private sewer systems, and a
schedule for the preparation, adoption, and administration of such
(2) a capital improvement program for transportation, sewers, parks, water
supply, and open space facilities; and
(3) a housing implementation program, including official controls to
implement the housing element of the land use plan, which will provide
sufficient existing and new housing to meet the local unit's share of the
metropolitan area need for low and moderate income housing.
Subd. 5. Urbanization and redevelopment areas. The comprehensive
plans may designate, when appropriate, five year urbanization areas and
shall specify in the capital improvement program the timing and sequence
of major local public facilities and in the implementation program
official controls which will ensure that urbanization occurs only in
urbanization areas and in accordance with the plan.
The comprehensive plans may designate, when appropriate, redevelopment
areas and may, as appropriate, specify in the capital improvement program
the timing and sequence of local public facilities and in the
implementation program the fiscal devices or official controls that will
ensure that redevelopment occurs in accordance with the plan.
Subd. 6. Plan review. The council shall, by January 1, 1994,
prepare guidelines for the preparation of the water supply plans required
in subdivision 3, clause (4). The plans must be submitted to the council
by January 1, 1996. The council shall review the plans under section
473.175, subdivision 1, after submitting them to affected counties that
have adopted groundwater plans under section 103B.255 for their review and
473.864 Plans and programs; adoption;
Subdivision 1. When adopted. Each local governmental unit shall
adopt its comprehensive plan with required modifications within nine
months following a final decision, order, or judgment made pursuant to
section 473.866. Each school district shall adopt its capital improvement
program, after receiving and considering the council's review statement
sent pursuant to section 473.175 and making any amendments which the
school district determines may be appropriate.
Subd. 2. Decennial review. By December 31, 1998, and at least once
every ten years thereafter, each local governmental unit shall review and,
if necessary, amend its entire comprehensive plan and its fiscal devices
and official controls. Such review and, if necessary, amendment shall
ensure that, as provided in section 473.865, the fiscal devices and
official controls of each local government unit are not in conflict with
its comprehensive plan. Upon completion of review and, if necessary,
amendment of its comprehensive plan, fiscal devices, and official controls
as required by this section, each local government unit shall either:
(a) submit to the metropolitan council the entire current comprehensive
plan together with written certification by the governing body of the
local government unit that it has complied with this section and that no
amendments to its plan or fiscal devices or official controls are
(b)(1) submit the entire updated comprehensive plan and amendment or
amendments to its comprehensive plan necessitated by its review to the
metropolitan council for review; and
(2) submit the amendment or amendments to its fiscal devices or official
controls necessitated by its review to the metropolitan council for
information purposes as provided by section 473.865.
Except as otherwise provided in this paragraph, local governments shall
consider, in preparing their updated comprehensive plans, amendments to
metropolitan system plans in effect on December 31, 1996. For metropolitan
system plans, or amendments thereto, adopted after December 31, 1996,
local governments shall review their comprehensive plans to determine if
an amendment is necessary to conform to the metropolitan system plans. If
an amendment is necessary, the local government shall prepare the
amendment and submit it to the council for review by September 30, 1999,
or nine months after the council transmits the metropolitan system plan
amendment to the local government, whichever is later.
The periodic review required in this subdivision shall be in addition to
the review required by section 473.856.
The metropolitan council may grant extensions to local government units in
order to allow local government units to complete the review and, if
necessary, amendment required by this subdivision. Such extensions, if
granted by the metropolitan council, must include a timetable and plan for
completion of the review and amendment.
Amendments to comprehensive plans of local governmental units and to
capital improvement programs of school districts shall be prepared,
submitted, and adopted in conformance with guidelines adopted by the
metropolitan council pursuant to section 473.854.
473.904 Local planning.
Subdivision 1. County planning process. No later than two years
from May 22, 1995, each metropolitan county shall undertake and complete a
planning process for its public safety radio subsystem to ensure
participation by representatives of local government units, quasi-public
service organizations, and private entities eligible to use the regional
public safety radio system and to ensure coordination and planning of the
local subsystems. Local governments and other eligible users shall
cooperate with the county in its preparation of the subsystem plan to
ensure that local needs are met. The radio board shall encourage the
establishment by each metropolitan county of local public safety radio
subsystem committees composed of representatives of local governments and
other eligible users for the purposes of:
(1) establishing a plan for coordinated and timely use of the regionwide
public safety radio system by the local governments and other eligible
users within each metropolitan county; and
(2) assisting and advising the board in its implementation of the regional
public safety radio plan by identification of local service needs and
The board shall also encourage the establishment of joint or multicounty
planning for the regionwide public safety radio system and subsystems.
The board may provide local boards with whatever assistance it deems
necessary and appropriate.
No metropolitan county or city of the first class shall be required to
undertake a technical subsystem design to meet the planning process
requirements of this subdivision or subdivision 2.
Subd. 2. Cities of first class; planning process. Each city of the
first class in the metropolitan counties shall have the option to
participate in the county public safety radio subsystem planning process
or develop its own plan.
Subd. 3. Submission of plans to board. Each metropolitan county and
each city of the first class in the metropolitan area which has chosen to
develop its own plan shall submit the plan to the board for the board's
review and approval.
Subd. 4. Local government joinder. Local government units, except
for cities of the first class, quasi-public service organizations, and
private entities eligible to use the regional public safety radio system
cannot join the system until its county plan has been approved by the