1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to metropolitan government; amending Metropolitan Land Planning Act |
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3 | 3 | | 1.3 requirements and authority; amending Minnesota Statutes 2024, sections 473.254, |
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4 | 4 | | 1.4 subdivision 2; 473.858, subdivision 1; 473.865, subdivisions 2, 3; repealing Laws |
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5 | 5 | | 1.5 2017, First Special Session chapter 3, article 3, section 126; Laws 2018, chapter |
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6 | 6 | | 1.6 214, article 2, section 46. |
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7 | 7 | | 1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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8 | 8 | | 1.8 Section 1. Minnesota Statutes 2024, section 473.254, subdivision 2, is amended to read: |
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9 | 9 | | 1.9 Subd. 2.Affordable, life-cycle goals.(a) The council shall negotiate with each |
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10 | 10 | | 1.10municipality to establish affordable and life-cycle housing goals for that municipality that |
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11 | 11 | | 1.11are consistent with and promote the policies of the Metropolitan Council as provided in the |
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12 | 12 | | 1.12adopted Metropolitan Development Guide. The council shall adopt, by resolution after a |
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13 | 13 | | 1.13public hearing, the negotiated affordable and life-cycle housing goals for each municipality |
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14 | 14 | | 1.14by January 15, 1996, and by January 15 in each succeeding year for each municipality newly |
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15 | 15 | | 1.15electing to participate in the program or for each municipality with which new housing |
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16 | 16 | | 1.16goals have been negotiated. By June 30, 1996, and by June 30 in each succeeding year, for |
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17 | 17 | | 1.17each municipality newly electing to participate in the program or for each municipality with |
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18 | 18 | | 1.18which new housing goals have been negotiated, each municipality shall identify to the |
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19 | 19 | | 1.19council the actions it plans to take to meet the established housing goals. |
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20 | 20 | | 1.20 (b) Only parcels that are consistent with and promote the policies of the Metropolitan |
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21 | 21 | | 1.21Development Guide and are zoned for multifamily housing at the guided level of density |
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22 | 22 | | 1.22may qualify toward a municipality's affordable and life-cycle housing goals under this |
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23 | 23 | | 1.23subdivision. |
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24 | 24 | | 1Section 1. |
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25 | 25 | | REVISOR MS/HL 25-0170201/06/25 |
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26 | 26 | | State of Minnesota |
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27 | 27 | | This Document can be made available |
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28 | 28 | | in alternative formats upon request |
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29 | 29 | | HOUSE OF REPRESENTATIVES |
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30 | 30 | | H. F. No. 1134 |
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31 | 31 | | NINETY-FOURTH SESSION |
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32 | 32 | | Authored by Elkins02/19/2025 |
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33 | 33 | | The bill was read for the first time and referred to the Committee on State Government Finance and Policy 2.1 APPLICATION.This section applies in the counties of Anoka, Carver, Dakota, |
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34 | 34 | | 2.2Hennepin, Ramsey, Scott, and Washington. |
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35 | 35 | | 2.3 Sec. 2. Minnesota Statutes 2024, section 473.858, subdivision 1, is amended to read: |
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36 | 36 | | 2.4 Subdivision 1.No conflicting zoning, fiscal device, official control.Within nine months |
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37 | 37 | | 2.5following the receipt of a metropolitan system statement for an amendment to a metropolitan |
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38 | 38 | | 2.6system plan and within three years following the receipt of a metropolitan system statement |
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39 | 39 | | 2.7issued in conjunction with the decennial review required under section 473.864, subdivision |
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40 | 40 | | 2.82, every local governmental unit shall have reviewed and, if necessary, amended its |
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41 | 41 | | 2.9comprehensive plan in accordance with sections 462.355, 473.175, and 473.851 to 473.871 |
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42 | 42 | | 2.10and the applicable planning statute and shall have submitted the plan to the Metropolitan |
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43 | 43 | | 2.11Council for review pursuant to section 473.175. The provisions of sections 462.355, 473.175, |
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44 | 44 | | 2.12and 473.851 to 473.871 shall supersede the provisions of the applicable planning statute |
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45 | 45 | | 2.13wherever a conflict may exist. If the comprehensive municipal plan is in conflict with the |
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46 | 46 | | 2.14zoning ordinance, the zoning ordinance shall be brought into conformance with the plan by |
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47 | 47 | | 2.15local government units in conjunction with the review and, if necessary, amendment of its |
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48 | 48 | | 2.16comprehensive plan required under section 473.864, subdivision 2. A local government |
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49 | 49 | | 2.17unit shall not adopt any fiscal device or official control which is in conflict with its |
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50 | 50 | | 2.18comprehensive plan, including any amendments to the plan, or which permits activity in |
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51 | 51 | | 2.19conflict with metropolitan system plans, as defined by section 473.852, subdivision 8. The |
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52 | 52 | | 2.20comprehensive plan shall provide guidelines for the timing and sequence of the adoption |
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53 | 53 | | 2.21of official controls to ensure planned, orderly, and staged development and redevelopment |
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54 | 54 | | 2.22consistent with the comprehensive plan. For purposes of this section, a fiscal device or |
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55 | 55 | | 2.23official control shall not be considered to be in conflict with a local government unit's |
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56 | 56 | | 2.24comprehensive plan or to permit an activity in conflict with metropolitan system plans if |
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57 | 57 | | 2.25such fiscal device or official control is adopted to ensure the planned, orderly, and staged |
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58 | 58 | | 2.26development of urbanization or redevelopment areas designated in the comprehensive plan |
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59 | 59 | | 2.27pursuant to section 473.859, subdivision 5. A fiscal device or an official control does not |
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60 | 60 | | 2.28conflict with a comprehensive plan if the fiscal device or official control permits all of the |
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61 | 61 | | 2.29uses permitted or required in the comprehensive plan at the densities permitted or required |
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62 | 62 | | 2.30by the comprehensive plan and prohibits all of the uses expressly prohibited by the |
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63 | 63 | | 2.31comprehensive plan. A fiscal device or an official control for land guided for commercial |
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64 | 64 | | 2.32or industrial use may be more specific than the comprehensive plan regarding the kinds of |
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65 | 65 | | 2.33commercial or industrial uses that are allowed in specific locations. |
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66 | 66 | | 2.34 APPLICATION.This section applies in the counties of Anoka, Carver, Dakota, |
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67 | 67 | | 2.35Hennepin, Ramsey, Scott, and Washington. |
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68 | 68 | | 2Sec. 2. |
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69 | 69 | | REVISOR MS/HL 25-0170201/06/25 3.1 Sec. 3. Minnesota Statutes 2024, section 473.865, subdivision 2, is amended to read: |
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70 | 70 | | 3.2 Subd. 2.No conflict with plans.A local governmental unit shall not adopt any official |
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71 | 71 | | 3.3control or fiscal device which is in conflict with its comprehensive plan or which permits |
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72 | 72 | | 3.4activity in conflict with metropolitan system plans. A fiscal device or an official control |
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73 | 73 | | 3.5does not conflict with a comprehensive plan if the fiscal device or official control permits |
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74 | 74 | | 3.6all of the uses permitted or required in the comprehensive plan at the densities permitted or |
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75 | 75 | | 3.7required by the comprehensive plan and prohibits all of the uses expressly prohibited by |
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76 | 76 | | 3.8the comprehensive plan. A fiscal device or an official control for land guided for commercial |
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77 | 77 | | 3.9or industrial use may be more specific than the comprehensive plan regarding the kinds of |
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78 | 78 | | 3.10commercial or industrial uses that are allowed in specific locations. |
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79 | 79 | | 3.11 APPLICATION.This section applies in the counties of Anoka, Carver, Dakota, |
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80 | 80 | | 3.12Hennepin, Ramsey, Scott, and Washington. |
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81 | 81 | | 3.13 Sec. 4. Minnesota Statutes 2024, section 473.865, subdivision 3, is amended to read: |
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82 | 82 | | 3.14 Subd. 3.Amendments.If an official control conflicts with a comprehensive plan as the |
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83 | 83 | | 3.15result of an amendment to the plan, the official control shall be amended by the unit within |
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84 | 84 | | 3.16nine months following the amendment to the plan so as to not conflict with the amended |
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85 | 85 | | 3.17comprehensive plan. If a development application is submitted that is not in conflict with |
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86 | 86 | | 3.18the comprehensive plan, the unit must process the application in accordance with section |
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87 | 87 | | 3.1915.99. |
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88 | 88 | | 3.20 APPLICATION.This section applies in the counties of Anoka, Carver, Dakota, |
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89 | 89 | | 3.21Hennepin, Ramsey, Scott, and Washington. |
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90 | 90 | | 3.22 Sec. 5. METROPOLITAN COUNCIL. |
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91 | 91 | | 3.23 The Metropolitan Council must review and amend as appropriate its Metropolitan |
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92 | 92 | | 3.24Development Guide, policy plans, and system statements to make them consistent with the |
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93 | 93 | | 3.25effect of the repeal of the special laws in section 6. |
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94 | 94 | | 3.26 EFFECTIVE DATE; APPLICATION.This section is effective the day following |
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95 | 95 | | 3.27final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, |
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96 | 96 | | 3.28Scott, and Washington. |
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97 | 97 | | 3.29 Sec. 6. REPEALER. |
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98 | 98 | | 3.30 Laws 2017, First Special Session chapter 3, article 3, section 126; and Laws 2018, chapter |
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99 | 99 | | 3.31214, article 2, section 46, are repealed. |
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100 | 100 | | 3Sec. 6. |
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101 | 101 | | REVISOR MS/HL 25-0170201/06/25 4.1 EFFECTIVE DATE.This section is effective the day following final enactment. |
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102 | 102 | | 4Sec. 6. |
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103 | 103 | | REVISOR MS/HL 25-0170201/06/25 Laws 2017, First Special Session chapter 3, article 3, section 126 |
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104 | 104 | | Sec. 126. OAK GROVE; COMPREHENSIVE PLAN. |
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105 | 105 | | Subdivision 1.Oak Grove.Notwithstanding any law, metropolitan system plan, the 2015 system |
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106 | 106 | | statement for the city of Oak Grove, or administrative law judge's decision to the contrary, the area |
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107 | 107 | | of the city that was the subject of the administrative law judge's decision in OAH 5-2106-33226, |
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108 | 108 | | dated May 10, 2016, is designated "rural residential" for the purposes of the city's comprehensive |
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109 | 109 | | plan update. |
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110 | 110 | | Subd. 2.Metropolitan Council.The Metropolitan Council shall conform its metropolitan |
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111 | 111 | | development guide, system plans, and the system statement for the city of Oak Grove to accommodate |
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112 | 112 | | the provisions in subdivision 1. |
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113 | 113 | | EFFECTIVE DATE.This section is effective the day after the governing body of the city of |
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114 | 114 | | Oak Grove and its chief clerical officer timely complete their compliance with Minnesota Statutes, |
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115 | 115 | | section 645.021, subdivisions 2 and 3. This section applies in the counties of Anoka, Carver, Dakota, |
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116 | 116 | | Hennepin, Ramsey, Scott, and Washington. |
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117 | 117 | | Laws 2018, chapter 214, article 2, section 46 |
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118 | 118 | | Sec. 46. NOWTHEN; COMPREHENSIVE PLAN. |
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119 | 119 | | Notwithstanding any law, metropolitan system plan, or the 2015 system statement for the city |
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120 | 120 | | of Nowthen, the Metropolitan Council shall conform its metropolitan development guide, system |
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121 | 121 | | plans, and the system statement for the city of Nowthen to implement any changes requested by |
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122 | 122 | | the city of Nowthen relating to the council's designation of part or all of the city for purposes of |
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123 | 123 | | the metropolitan development guide, systems plans and statements, and the city's comprehensive |
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124 | 124 | | plan. |
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125 | 125 | | EFFECTIVE DATE; APPLICATION.This section is effective the day after the governing |
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126 | 126 | | body of the city of Nowthen and its chief clerical officer timely complete their compliance with |
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127 | 127 | | Minnesota Statutes, section 645.021, subdivisions 2 and 3. This section applies in the counties of |
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128 | 128 | | Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. |
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129 | 129 | | 1R |
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130 | 130 | | APPENDIX |
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131 | 131 | | Repealed Minnesota Session Laws: 25-01702 |
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