Minnesota 2025-2026 Regular Session

Minnesota House Bill HF1134 Latest Draft

Bill / Introduced Version Filed 02/18/2025

                            1.1	A bill for an act​
1.2 relating to metropolitan government; amending Metropolitan Land Planning Act​
1.3 requirements and authority; amending Minnesota Statutes 2024, sections 473.254,​
1.4 subdivision 2; 473.858, subdivision 1; 473.865, subdivisions 2, 3; repealing Laws​
1.5 2017, First Special Session chapter 3, article 3, section 126; Laws 2018, chapter​
1.6 214, article 2, section 46.​
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.8 Section 1. Minnesota Statutes 2024, section 473.254, subdivision 2, is amended to read:​
1.9 Subd. 2.Affordable, life-cycle goals.(a) The council shall negotiate with each​
1.10municipality to establish affordable and life-cycle housing goals for that municipality that​
1.11are consistent with and promote the policies of the Metropolitan Council as provided in the​
1.12adopted Metropolitan Development Guide. The council shall adopt, by resolution after a​
1.13public hearing, the negotiated affordable and life-cycle housing goals for each municipality​
1.14by January 15, 1996, and by January 15 in each succeeding year for each municipality newly​
1.15electing to participate in the program or for each municipality with which new housing​
1.16goals have been negotiated. By June 30, 1996, and by June 30 in each succeeding year, for​
1.17each municipality newly electing to participate in the program or for each municipality with​
1.18which new housing goals have been negotiated, each municipality shall identify to the​
1.19council the actions it plans to take to meet the established housing goals.​
1.20 (b) Only parcels that are consistent with and promote the policies of the Metropolitan​
1.21Development Guide and are zoned for multifamily housing at the guided level of density​
1.22may qualify toward a municipality's affordable and life-cycle housing goals under this​
1.23subdivision.​
1​Section 1.​
REVISOR MS/HL 25-01702​01/06/25 ​
State of Minnesota​
This Document can be made available​
in alternative formats upon request​
HOUSE OF REPRESENTATIVES​
H. F. No.  1134​
NINETY-FOURTH SESSION​
Authored by Elkins​02/19/2025​
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,​
2.2Hennepin, Ramsey, Scott, and Washington.​
2.3 Sec. 2. Minnesota Statutes 2024, section 473.858, subdivision 1, is amended to read:​
2.4 Subdivision 1.No conflicting zoning, fiscal device, official control.Within nine months​
2.5following the receipt of a metropolitan system statement for an amendment to a metropolitan​
2.6system plan and within three years following the receipt of a metropolitan system statement​
2.7issued in conjunction with the decennial review required under section 473.864, subdivision​
2.82, every local governmental unit shall have reviewed and, if necessary, amended its​
2.9comprehensive plan in accordance with sections 462.355, 473.175, and 473.851 to 473.871​
2.10and the applicable planning statute and shall have submitted the plan to the Metropolitan​
2.11Council for review pursuant to section 473.175. The provisions of sections 462.355, 473.175,​
2.12and 473.851 to 473.871 shall supersede the provisions of the applicable planning statute​
2.13wherever a conflict may exist. If the comprehensive municipal plan is in conflict with the​
2.14zoning ordinance, the zoning ordinance shall be brought into conformance with the plan by​
2.15local government units in conjunction with the review and, if necessary, amendment of its​
2.16comprehensive plan required under section 473.864, subdivision 2. A local government​
2.17unit shall not adopt any fiscal device or official control which is in conflict with its​
2.18comprehensive plan, including any amendments to the plan, or which permits activity in​
2.19conflict with metropolitan system plans, as defined by section 473.852, subdivision 8. The​
2.20comprehensive plan shall provide guidelines for the timing and sequence of the adoption​
2.21of official controls to ensure planned, orderly, and staged development and redevelopment​
2.22consistent with the comprehensive plan. For purposes of this section, a fiscal device or​
2.23official control shall not be considered to be in conflict with a local government unit's​
2.24comprehensive plan or to permit an activity in conflict with metropolitan system plans if​
2.25such fiscal device or official control is adopted to ensure the planned, orderly, and staged​
2.26development of urbanization or redevelopment areas designated in the comprehensive plan​
2.27pursuant to section 473.859, subdivision 5. A fiscal device or an official control does not​
2.28conflict with a comprehensive plan if the fiscal device or official control permits all of the​
2.29uses permitted or required in the comprehensive plan at the densities permitted or required​
2.30by the comprehensive plan and prohibits all of the uses expressly prohibited by the​
2.31comprehensive plan. A fiscal device or an official control for land guided for commercial​
2.32or industrial use may be more specific than the comprehensive plan regarding the kinds of​
2.33commercial or industrial uses that are allowed in specific locations.​
2.34 APPLICATION.This section applies in the counties of Anoka, Carver, Dakota,​
2.35Hennepin, Ramsey, Scott, and Washington.​
2​Sec. 2.​
REVISOR MS/HL 25-01702​01/06/25 ​ 3.1 Sec. 3. Minnesota Statutes 2024, section 473.865, subdivision 2, is amended to read:​
3.2 Subd. 2.No conflict with plans.A local governmental unit shall not adopt any official​
3.3control or fiscal device which is in conflict with its comprehensive plan or which permits​
3.4activity in conflict with metropolitan system plans. A fiscal device or an official control​
3.5does not conflict with a comprehensive plan if the fiscal device or official control permits​
3.6all of the uses permitted or required in the comprehensive plan at the densities permitted or​
3.7required by the comprehensive plan and prohibits all of the uses expressly prohibited by​
3.8the comprehensive plan. A fiscal device or an official control for land guided for commercial​
3.9or industrial use may be more specific than the comprehensive plan regarding the kinds of​
3.10commercial or industrial uses that are allowed in specific locations.​
3.11 APPLICATION.This section applies in the counties of Anoka, Carver, Dakota,​
3.12Hennepin, Ramsey, Scott, and Washington.​
3.13 Sec. 4. Minnesota Statutes 2024, section 473.865, subdivision 3, is amended to read:​
3.14 Subd. 3.Amendments.If an official control conflicts with a comprehensive plan as the​
3.15result of an amendment to the plan, the official control shall be amended by the unit within​
3.16nine months following the amendment to the plan so as to not conflict with the amended​
3.17comprehensive plan. If a development application is submitted that is not in conflict with​
3.18the comprehensive plan, the unit must process the application in accordance with section​
3.1915.99.​
3.20 APPLICATION.This section applies in the counties of Anoka, Carver, Dakota,​
3.21Hennepin, Ramsey, Scott, and Washington.​
3.22 Sec. 5. METROPOLITAN COUNCIL.​
3.23 The Metropolitan Council must review and amend as appropriate its Metropolitan​
3.24Development Guide, policy plans, and system statements to make them consistent with the​
3.25effect of the repeal of the special laws in section 6.​
3.26 EFFECTIVE DATE; APPLICATION.This section is effective the day following​
3.27final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,​
3.28Scott, and Washington.​
3.29 Sec. 6. REPEALER.​
3.30 Laws 2017, First Special Session chapter 3, article 3, section 126; and Laws 2018, chapter​
3.31214, article 2, section 46, are repealed.​
3​Sec. 6.​
REVISOR MS/HL 25-01702​01/06/25 ​ 4.1 EFFECTIVE DATE.This section is effective the day following final enactment.​
4​Sec. 6.​
REVISOR MS/HL 25-01702​01/06/25 ​ Laws 2017, First Special Session chapter 3, article 3, section 126​
Sec. 126. OAK GROVE; COMPREHENSIVE PLAN.​
Subdivision 1.Oak Grove.Notwithstanding any law, metropolitan system plan, the 2015 system​
statement for the city of Oak Grove, or administrative law judge's decision to the contrary, the area​
of the city that was the subject of the administrative law judge's decision in OAH 5-2106-33226,​
dated May 10, 2016, is designated "rural residential" for the purposes of the city's comprehensive​
plan update.​
Subd. 2.Metropolitan Council.The Metropolitan Council shall conform its metropolitan​
development guide, system plans, and the system statement for the city of Oak Grove to accommodate​
the provisions in subdivision 1.​
EFFECTIVE DATE.This section is effective the day after the governing body of the city of​
Oak Grove and its chief clerical officer timely complete their compliance with Minnesota Statutes,​
section 645.021, subdivisions 2 and 3. This section applies in the counties of Anoka, Carver, Dakota,​
Hennepin, Ramsey, Scott, and Washington.​
Laws 2018, chapter 214, article 2, section 46​
Sec. 46. NOWTHEN; COMPREHENSIVE PLAN.​
Notwithstanding any law, metropolitan system plan, or the 2015 system statement for the city​
of Nowthen, the Metropolitan Council shall conform its metropolitan development guide, system​
plans, and the system statement for the city of Nowthen to implement any changes requested by​
the city of Nowthen relating to the council's designation of part or all of the city for purposes of​
the metropolitan development guide, systems plans and statements, and the city's comprehensive​
plan.​
EFFECTIVE DATE; APPLICATION.This section is effective the day after the governing​
body of the city of Nowthen and its chief clerical officer timely complete their compliance with​
Minnesota Statutes, section 645.021, subdivisions 2 and 3. This section applies in the counties of​
Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.​
1R​
APPENDIX​
Repealed Minnesota Session Laws: 25-01702​