Agenda - Planning Commission - 04/04/2019 - Work Session

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RELEVANT LINKS: Minn. Stat. § 103G.005, subd. 10b. Minn. Stat. § 103G.005 subd. 10b. Minn. Stat. § 462.355. Minn. Stat. § 462.357. (hereinafter the "T. Roosevelt Memorial Preservation Act") and should consult this law if they adopt or amend a comprehensive plan. (1) Cities not subject to the T. Roosevelt Memorial Preservation Act Cities in Aitkin, Beltrami, Carlton, Cass, Clearwater, Cook, Crow Wing, Hubbard, Isanti, Itasca, Kanabec, Koochiching, Lake, Lake of the Woods, Milles Lacs, Pine, St Louis and Wadena counties are not subject to the T. Roosevelt Memorial Preservation Act, because they are currently classified as "greater than 80 percent area" counties. A "greater than 80 percent area" means a county or watershed or, for purposes of wetland replacement, bank service area where 80 percent or more of the presettlement wetland acreage is intact and one of the following is true: • Ten percent or more of the current total land area is wetland. • Fifty percent or more of the current total land area is state or federal land. In sum, these "80 percent area" counties still contain a significant portion of their presettlement wetland acreage. "Presettlement wetland" means a wetland or public waters wetland that existed in this state at the time of statehood in 1858. (2) Cities subject to the T. Roosevelt Memorial Preservation Act Cities outside the metro area, and not located in the counties listed above, must comply with the act. Even though these cities are not required to engage in comprehensive planning, if the city decides to do so, they must likely adopt certain findings of fact under the T. Roosevelt Memorial Preservation Act. Specifically, when preparing or recommending amendments to the comprehensive plan, the planning commission in these cities must consider adopting goals and objectives that will protect open space and the environment again, probably as findings of fact. In addition, within three years of adopting a comprehensive plan, the city must consider adopting ordinances as part of the city's official controls that encourage the implementation of the goals and objectives of the T. Roosevelt Memorial Preservation Act. However, the city is not required to adopt any ordinances. Consideration of ordinance adoption could potentially be documented in findings of fact. League of Minnesota Cities Information Memo: 8/3/2018 Planning Commission Guide Page 9