Subdivision 1. By rule and statute. The council shall review all proposed matters of metropolitan significance to be undertaken by any private organization, independent commission, board or agency, local governmental unit, or any state agency in accordance with the rules adopted pursuant to this section and the provisions of any other relevant statute.
Subd. 2. Rules. The council shall adopt and put into effect rules establishing standards, guidelines and procedures for determining whether any proposed matter is of metropolitan significance, and establishing a procedure for the review of and final determination on such matters in accordance with the powers and requirements set forth in this section. The purpose of these rules shall be to promote the orderly and economical development, public and private, of the metropolitan area.
Subd. 3. Factors. In developing the rules, the council and the advisory metropolitan land use committee, as defined in section 473.852, shall give consideration to all factors deemed relevant including but not limited to the following:
(1) The impact a proposed matter will have on the orderly, economical development, public and private, of the metropolitan area and its consistency with the Metropolitan Development Guide;
(2) The relationship a proposed matter will have to the policy statement goals, standards, programs, and other applicable provisions of the development guide;
(3) The impact a proposed matter will have on policy plans adopted by the council;
(4) Functions of municipal governments in respect to control of land use as provided for under the Municipal Planning Act.
Subd. 4. Powers, requirements. (a) The rules shall include, without limitation, provisions to effectuate and comply with the following powers and requirements.
(b) No applicant shall be required to submit a proposed matter for review more than once unless it is materially altered.
(c) A public hearing shall be held prior to the final determination with regard to a proposed matter.
(d) The council shall be empowered to suspend action on a proposed matter during the period of review and for a period not to exceed 12 months following the issuance of its final determination. In its final determination, the council may prescribe appropriate conditions with regard to a proposed matter which, if incorporated or complied with, would cause the council to remove the suspension.
(e) The council's recommendation or determination concerning a proposed matter, including the determination as to its metropolitan significance, shall be issued within 90 days following its receipt of a proposal accompanied by adequate supporting information, unless all parties consent in writing to an extension. The council shall extend the time to complete the proceeding by an additional 30 days if the council determines that a fair hearing cannot be completed in the time allowed. To avoid duplication, the review may be suspended for not more than 90 days to await completion of review of a matter by another public agency.
(f) The council shall be required to review a proposed matter upon request of an affected local governmental unit. The rules shall include a procedure for review of a proposed matter upon petition by a specified number of residents of the metropolitan area 18 years of age or older.
(g) The council shall be empowered to review all proposed matters of metropolitan significance regardless of whether the council has received a request from an affected body to conduct that review.
(h) The council shall review all proposed matters determined to be of metropolitan significance as to their consistency with and effect upon metropolitan system plans as defined in section 473.852 and their adverse effects on other local governmental units.
(i) The council's approved policy plans and areas of operational authority shall not be subject to review under this section.
(j) When announcing the scope of a significance review in the notice commencing the review, the council shall state with particularity, with respect to each issue identified in the scoping document, the policies, provisions, statements, or other elements in Metropolitan Development Guide chapters or policy plans and any other criteria or standards that will be considered or relied on in assessing and determining the metropolitan significance of the proposed project. The statement may be amended by notice to all parties given at least seven days before the public hearing. The statement does not preclude council comment on the consistency of the proposed project with any plans or policies of the council.
(k) Hearings must be conducted in accordance with the following procedures, unless waived in writing by the parties:
(1) The parties have the right to counsel.
(2) All testimony must be under oath.
(3) A complete and accurate record of all proceedings must be maintained.
(4) Any party or witness may be questioned by the hearing committee or judge, or by other parties.
(5) The burden of proof that a matter is of metropolitan significance is on the council.
(6) Decisions of the council on the metropolitan significance of a project must be based on a fair preponderance of the relevant evidence contained in the record and on written findings.
Subd. 5. APA; hearing. The rules and any major alteration or amendment thereto shall be developed and promulgated by the council in accordance with the provisions of this section and, to the extent not inconsistent or at variance with this section, in accordance with the Administrative Procedure Act, chapter 14, and rules pursuant to thereto. Once the development of all of the rules has been completed by the council and the committee, and no later than 30 days prior to the date specified for their adoption, the council shall hold a public hearing for the purpose of considering the developed rules and receiving comments and recommendations thereon. Notice of the hearing shall be published in appropriate newspapers of general circulation in the metropolitan area and mailed to all persons who have registered for that purpose under chapter 14, appropriate state and regional agencies and all cities, counties, towns, school districts, and watershed districts within the metropolitan area no later than 30 days prior to the hearing. In adopting or amending the rules the enactment of this section shall be deemed to establish or show the need for and to provide evidence in support of the rules or amendments as required in chapter 14, and rules pursuant thereto, but the council shall prepare for distribution a written summary describing the basis for the composition of the draft rules or amendments submitted for hearing and shall afford to all interested persons an opportunity at the hearing to question and make suggestions concerning their composition. Following the hearing, the council may revise the proposed rules, giving consideration to all comments received, and thereafter the council shall finally adopt these rules.
Subd. 6. Biennial review; legislative report. The council and the advisory metropolitan land use committee shall review and assess the rules following their effective date and at least every two years thereafter. No major alteration or amendments to standards for determining metropolitan significance shall be put into effect by the council until 90 days have elapsed following a report to the legislature in which the alteration or amendment was proposed and recommended by the council in the form of a proposed rule published under section 14.14, subdivision 1a, or 14.22. The report to the legislature must be made during the month of January.
1975 c 13 s 18; 1976 c 321 s 2; 1982 c 424 s 130; 1985 c 248 s 70; 1986 c 460 s 24,25; 1988 c 675 s 11; 1989 c 306 s 8,9; 1994 c 628 art 3 s 50,51; 2014 c 271 art 3 s 5
Structure Minnesota Statutes
Chapters 473 - 473J — Metropolitan Area
Chapter 473 — Metropolitan Government
Section 473.121 — Definitions.
Section 473.123 — Metropolitan Council.
Section 473.125 — Regional Administrator.
Section 473.127 — Advisory Committees.
Section 473.129 — Powers Of Metropolitan Council.
Section 473.1293 — Energy Forward Pricing Mechanisms.
Section 473.13 — Budget, Financial Aid.
Section 473.132 — Short-term Indebtedness.
Section 473.142 — Small Businesses.
Section 473.1425 — Working Capital Fund.
Section 473.143 — Affirmative Action Plans.
Section 473.144 — Certificates Of Compliance For Contracts.
Section 473.145 — Development Guide.
Section 473.146 — Policy Plans For Metropolitan Agencies.
Section 473.1466 — Transportation System Performance Evaluation.
Section 473.1467 — No Spending For Certain Rail Projects.
Section 473.147 — Regional Recreation Open Space System Policy Plan.
Section 473.149 — Solid Waste Comprehensive Planning.
Section 473.1565 — Metropolitan Area Water Supply Planning Activities; Advisory Committees.
Section 473.157 — Water Resources Plan.
Section 473.1631 — Legislative Review.
Section 473.164 — Sports, Airport Commissions To Pay Council Costs.
Section 473.165 — Council Review; Independent Commission, Board, Agency.
Section 473.166 — Controlled Access; Approval.
Section 473.167 — Highway Projects.
Section 473.168 — Freeway Exclusive Lanes.
Section 473.171 — Council Review; Applications For Federal And State Aid.
Section 473.173 — Council Review; Metropolitan Significance.
Section 473.175 — Review Of Comprehensive Plans.
Section 473.181 — Additional Council Review.
Section 473.191 — Local Planning Assistance.
Section 473.192 — Aircraft Noise Attenuation.
Section 473.194 — Definitions.
Section 473.195 — Housing And Redevelopment Authority Powers.
Section 473.197 — Housing Bond Credit Enhancement Program.
Section 473.199 — Effect On A Municipal Or County Hra.
Section 473.201 — Allocate Local Project Costs; Seek, Get U.s. Grants.
Section 473.206 — Local Ordinances.
Section 473.208 — Cooperation.
Section 473.223 — Federal Aid.
Section 473.24 — Population Estimates.
Section 473.242 — Urban Research.
Section 473.246 — Council's Submissions To Legislative Commission.
Section 473.25 — Livable Communities Criteria And Guidelines.
Section 473.251 — Metropolitan Livable Communities Fund.
Section 473.252 — Tax Base Revitalization Account.
Section 473.253 — Livable Communities Demonstration Account.
Section 473.254 — Local Housing Incentives Account.
Section 473.255 — Inclusionary Housing Account.
Section 473.301 — Definitions.
Section 473.302 — Regional Recreation Open Space System; Purpose.
Section 473.303 — Metropolitan Parks And Open Space Commission.
Section 473.313 — Master Plans.
Section 473.315 — Grants For Recreation Open Space.
Section 473.325 — Sales Of G.o. Refunding Bonds.
Section 473.331 — Local Acquisition.
Section 473.334 — Special Assessment; Agreement.
Section 473.341 — Tax Equivalents.
Section 473.351 — Metropolitan Area Regional Parks Funding.
Section 473.371 — Policy; Goals.
Section 473.375 — Powers And Duties Of Council; Advisory Committee.
Section 473.385 — Transit Service Areas.
Section 473.386 — Special Transportation Service.
Section 473.387 — Special Transportation Markets.
Section 473.3875 — Transit For Livable Communities.
Section 473.388 — Replacement Service Program.
Section 473.39 — Borrowing Money.
Section 473.391 — Route Planning And Scheduling.
Section 473.3925 — Bus Purchases.
Section 473.3927 — Zero-emission And Electric Transit Vehicles.
Section 473.399 — Transit Ways; Light Rail Transit And Commuter Rail In The Metropolitan Area.
Section 473.3993 — Light Rail Transit Facility Plans; Definitions.
Section 473.3994 — Light Rail Transit; Design Plans.
Section 473.3995 — Light Rail Transit; Design-build Method.
Section 473.3997 — Federal Funding; Light Rail Transit.
Section 473.3999 — Light Rail Transit Construction; Council Authority.
Section 473.4051 — Light Rail Transit Construction And Operation.
Section 473.4052 — Right-of-way Use; Contracts; Liability.
Section 473.4055 — Regulation Of Light Rail Transit Warning Signals.
Section 473.4056 — Light Rail Transit Vehicle Design.
Section 473.4057 — Commuter Rail Operation And Maintenance.
Section 473.407 — Metropolitan Transit Police.
Section 473.408 — Fare Policy.
Section 473.409 — Agreements With Council; Encouragement Of Transit Use.
Section 473.41 — Transit Shelters And Stops.
Section 473.411 — Transit And Highway Systems.
Section 473.415 — Acquired Systems: Council Obligation; Worker Rights.
Section 473.416 — Rights Of System Workers In Takeover Of Transit System.
Section 473.42 — Employer Contributions For Certain Employees.
Section 473.436 — Council; Borrowing Money.
Section 473.446 — Transit Tax Levies.
Section 473.4461 — Additions To Transit Taxing District.
Section 473.448 — Transit Assets Exempt From Tax But Must Pay Assessments.
Section 473.4485 — Metropolitan Area Transit Investment.
Section 473.449 — Act Exclusive.
Section 473.452 — Transit Operating Reserves; Report.
Section 473.501 — Definitions.
Section 473.504 — Wastewater Services, Powers.
Section 473.505 — Total Watershed Management.
Section 473.511 — Sewer Service Function.
Section 473.5111 — Transfer, Disposal Of Nonmetropolitan Interceptor.
Section 473.512 — Pension Exclusion For Certain Labor Service Employees.
Section 473.513 — Municipal Plans And Programs.
Section 473.515 — Sewage Collection And Disposal; Powers.
Section 473.5155 — Violation Of Wastewater Law; Remedies, Penalties.
Section 473.516 — Waste Facilities; Sewage Sludge Disposal.
Section 473.517 — Allocation Of Costs.
Section 473.519 — 1972 U.s. Water Pollution Control Act: Use Charge Shares.
Section 473.521 — Payments To Council.
Section 473.523 — Construction Contracts Subject To Municipal Bid Law.
Section 473.524 — Capital Intensive Public Services.
Section 473.541 — Debt Obligations.
Section 473.542 — Depositories.
Section 473.543 — Moneys, Accounts And Investments.
Section 473.545 — Property Exempt From Taxation.
Section 473.549 — Relation To Existing Laws.
Section 473.551 — Definitions.
Section 473.552 — Legislative Policy; Purpose.
Section 473.553 — Commission; Membership; Administration.
Section 473.556 — Powers Of Commission.
Section 473.561 — Exemption From Council Review.
Section 473.564 — Metropolitan Sports Area.
Section 473.565 — Post 1977 Service In Msrs; Exceptions.
Section 473.572 — Revised Final Determination.
Section 473.581 — Debt Obligations.
Section 473.592 — Tax Revenues.
Section 473.595 — Commission Finances.
Section 473.596 — Highway User Tax Fund For Metrodome Access; Limits.
Section 473.598 — Arena Acquisition.
Section 473.599 — Debt Obligations.
Section 473.5995 — Football Stadium Account.
Section 473.601 — Definitions.
Section 473.602 — Declaration Of Purposes.
Section 473.6021 — Public Necessity And Purpose For Bonds.
Section 473.603 — Metropolitan Airports Commission; Powers; Structure.
Section 473.604 — Membership, Government.
Section 473.605 — Organization; Corporate Seal; Bylaws.
Section 473.608 — Powers Of Corporation.
Section 473.609 — Condemnation For Preexisting Airport Property.
Section 473.611 — Plans To Be Consistent With Development Guide.
Section 473.614 — Environmental Review.
Section 473.621 — Powers Of Corporation.
Section 473.622 — Existing Airports; Control, Jurisdiction.
Section 473.625 — Detaching Major Airport Land From City, School District.
Section 473.626 — Value And Assessment Of Taxable Detached Property.
Section 473.627 — Tax For Police, Fire, Streets, Parking.
Section 473.629 — Value Of Property For Bond Issues By School Districts.
Section 473.631 — Boundaries Of Major Airport.
Section 473.638 — Control Measure Involving Taking.
Section 473.64 — Governments In Airport Development Area; Tax Sharing.
Section 473.641 — New Airport; Public Hearing.
Section 473.651 — Rentals Fixed.
Section 473.652 — Construction Work.
Section 473.653 — Restrictions On Certain Airports.
Section 473.655 — Public And Governmental Purposes.
Section 473.661 — Budget Specifying Amounts For Separate Items.
Section 473.662 — Earnings, How Applied.
Section 473.665 — Bonds, Issuance.
Section 473.666 — Bonds, Legal Investments For Public Funds.
Section 473.667 — General Obligation Revenue Financing.
Section 473.6671 — Revenue Bonds.
Section 473.668 — Municipalities To Guarantee Bonds Of Commission.
Section 473.671 — Limit Of Tax Levy.
Section 473.672 — Metropolitan Area Tax Levy.
Section 473.675 — Legal Proceedings.
Section 473.679 — Construction Of Law.
Section 473.685 — Airport Parking Space Customer Data.
Section 473.701 — Definitions.
Section 473.702 — Establishment Of District; Purpose; Area; Governing Body.
Section 473.704 — Powers And Duties.
Section 473.705 — Contracts For Materials, Supplies And Equipment.
Section 473.706 — Adverse Interest Of Commissioners.
Section 473.711 — Financing; Budget And Tax Levies.
Section 473.712 — Withdrawal; Assets.
Section 473.714 — Compensation Of Commissioners.
Section 473.715 — Contiguous Counties; Membership.
Section 473.716 — Cooperation With Other Agencies; Advisors.
Section 473.751 — Definitions.
Section 473.753 — Property Tax Exemption; Special Assessments.
Section 473.754 — Employees And Vendors.
Section 473.755 — Minnesota Ballpark Authority.
Section 473.756 — Powers Of Authority.
Section 473.757 — County Activities; Bonds; Taxes.
Section 473.758 — Implementation.
Section 473.759 — Criteria And Conditions.
Section 473.76 — Metropolitan Sports Facilities Commission.
Section 473.761 — City Requirements.
Section 473.762 — Local Taxes.
Section 473.763 — Community Ownership.
Section 473.801 — Definitions.
Section 473.8011 — Metropolitan Agency Recycling Goal.
Section 473.803 — Metropolitan County Planning.
Section 473.804 — Household Hazardous Waste Management.
Section 473.811 — Waste Management By Counties, Defined Local Units.
Section 473.812 — Records; Inspection.
Section 473.813 — Cities, Counties, Towns; Solid Waste Contracts.
Section 473.823 — Rules And Permits.
Section 473.834 — Debt Service; Solid Waste Bonds.
Section 473.842 — Definitions.
Section 473.843 — Metropolitan Solid Waste Landfill Fee.
Section 473.844 — Metropolitan Landfill Abatement Fund.
Section 473.8441 — Local Recycling Development Program.
Section 473.845 — Metropolitan Landfill Contingency Action Account.
Section 473.846 — Report To Legislature.
Section 473.847 — Operator Or Owner Liability For Response Expenses.
Section 473.848 — Restriction On Disposal.
Section 473.849 — Prohibition; Solid Waste Disposal.
Section 473.851 — Legislative Findings And Purpose.
Section 473.852 — Definitions.
Section 473.853 — Advisory Committee.
Section 473.856 — Metropolitan System Statements; Amendments.
Section 473.857 — System Statements; Reconciliation Procedures.
Section 473.858 — Comprehensive Plans; Local Governmental Units.
Section 473.859 — Comprehensive Plan Content.
Section 473.862 — Metro Counties Other Than Hennepin, Ramsey, Anoka, And Dakota.
Section 473.864 — Plans; Adoption; Amendment.
Section 473.865 — Adoption; Conflicts, Amendment Of Controls, Devices.
Section 473.866 — Contested Cases; Administrative And Judicial Review.
Section 473.867 — Planning Assistance; Grants; Loans.
Section 473.87 — Levy For Increased Costs.
Section 473.871 — New Municipal Sewer Systems.
Section 473.910 — Midtown Planning And Coordination Board.