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05-09-2019 Planning Commission Packet
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05-09-2019 Planning Commission Packet
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RELEVANT LINKS: <br />League of Minnesota Cities Information Memo: 8/3/2018 <br />Planning Commission Guide Page 9 <br />Minn. Stat. § 103G.005, subd. <br />10b. (hereinafter the “T. Roosevelt Memorial Preservation Act”) and should <br />consult this law if they adopt or amend a comprehensive plan. <br /> (1) Cities not subject to the T. Roosevelt Memorial <br />Preservation Act <br /> Cities in Aitkin, Beltrami, Carlton, Cass, Clearwater, Cook, Crow Wing, <br />Hubbard, Isanti, Itasca, Kanabec, Koochiching, Lake, Lake of the Woods, <br />Milles Lacs, Pine, St Louis and Wadena counties are not subject to the T. <br />Roosevelt Memorial Preservation Act, because they are currently classified <br />as “greater than 80 percent area” counties. A “greater than 80 percent area” <br />means a county or watershed or, for purposes of wetland replacement, bank <br />service area where 80 percent or more of the presettlement wetland acreage <br />is intact and one of the following is true: <br />Minn. Stat. § 103G.005 subd. <br />10b. • Ten percent or more of the current total land area is wetland. <br />• Fifty percent or more of the current total land area is state or federal <br />land. <br /> In sum, these “80 percent area” counties still contain a significant portion of <br />their presettlement wetland acreage. “Presettlement wetland” means a <br />wetland or public waters wetland that existed in this state at the time of <br />statehood in 1858. <br /> (2) Cities subject to the T. Roosevelt Memorial Preservation <br />Act <br /> Cities outside the metro area, and not located in the counties listed above, <br />must comply with the act. Even though these cities are not required to <br />engage in comprehensive planning, if the city decides to do so, they must <br />likely adopt certain findings of fact under the T. Roosevelt Memorial <br />Preservation Act. <br />Minn. Stat. § 462.355. Specifically, when preparing or recommending amendments to the <br />comprehensive plan, the planning commission in these cities must consider <br />adopting goals and objectives that will protect open space and the <br />environment again, probably as findings of fact. <br />Minn. Stat. § 462.357. In addition, within three years of adopting a comprehensive plan, the city <br />must consider adopting ordinances as part of the city’s official controls that <br />encourage the implementation of the goals and objectives of the T. <br />Roosevelt Memorial Preservation Act. However, the city is not required to <br />adopt any ordinances. Consideration of ordinance adoption could potentially <br />be documented in findings of fact.
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