reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 473 - 473J — Metropolitan Area › Chapter 473 — Metropolitan Government › Section 473.861 — Towns.

473.861 TOWNS.
Subdivision 1.
As in section 473.859.
Except as provided in the metropolitan system statement, comprehensive plans of towns shall include the matters specified in section 473.859.
Subd. 2.
Plan preparation.
Each town within the counties of Anoka, Carver, Dakota, Scott, and Washington, authorized to plan under sections 462.351 to 462.364, or under special law, shall by resolution determine whether it will prepare the comprehensive plan for its jurisdiction. Each such town also shall specify, pursuant to agreement with the county within which it is situated, any parts of its plan and official controls, if any, the preparation of which it delegates to the county.
Subd. 3.
Use county.
Towns within counties which have adopted comprehensive plans applicable to the town shall, to the maximum extent, use county preparation of their comprehensive plans.
History:
1976 c 127 s 11; 1977 c 347 s 68; 2014 c 271 art 3 s 20
2023 Minnesota Statutes › Chapters 473 - 473J — Metropolitan Area › Chapter 473 — Metropolitan Government › Section 473.862 — Metro Counties Other Than Hennepin, Ramsey, Anoka, And Dakota.

473.862 METRO COUNTIES OTHER THAN HENNEPIN, RAMSEY, ANOKA, AND DAKOTA.
Subdivision 1.
Contents of plan.
Comprehensive plans of counties shall contain at least the following:
(a) Except for the counties of Hennepin, Ramsey, Anoka, and Dakota, a land use plan as specified in section 473.859, subdivision 2, for all unincorporated territory within the county;
(b) A public facilities plan which shall include all appropriate matters specified in section 473.859, subdivision 3, including a transportation plan, and a description of existing and projected solid waste disposal sites and facilities;
(c) An implementation program, as specified in section 473.859, subdivision 4.
Subd. 2.
Town planning.
Each county other than Hennepin, Ramsey, Anoka, and Dakota shall prepare, with the participation and assistance of the town, the comprehensive plan for any town within the county which has not taken action by resolution pursuant to section 473.861, subdivision 2 and shall prepare all or part of any plan delegated to it pursuant to section 473.861, subdivision 2.
Subd. 3.
Towns that cannot plan.
Each county other than Hennepin, Ramsey, Anoka, and Dakota shall prepare, with the participation and assistance of the town, the comprehensive plan for each town within the county not authorized to plan under sections 462.351 to 462.364, or under special law.
History:
1976 c 127 s 12; 1977 c 347 s 68; 2009 c 152 s 22; 2014 c 271 art 3 s 21
2023 Minnesota Statutes › Chapters 473 - 473J — Metropolitan Area › Chapter 473 — Metropolitan Government › Section 473.864 — Plans; Adoption; Amendment.

473.864 PLANS; ADOPTION; AMENDMENT.
Subdivision 1.
When adopted.
Each local governmental unit shall adopt its comprehensive plan with required modifications within nine months following a final decision, order, or judgment made pursuant to section 473.866.
Subd. 2.
Decennial review.
By December 31, 1998, and at least once every ten years thereafter, each local governmental unit shall review and, if necessary, amend its entire comprehensive plan and its fiscal devices and official controls. Such review and, if necessary, amendment shall ensure that, as provided in section 473.865, the fiscal devices and official controls of each local government unit are not in conflict with its comprehensive plan. Upon completion of review and, if necessary, amendment of its comprehensive plan, fiscal devices, and official controls as required by this section, each local government unit shall either:
(a) submit to the Metropolitan Council the entire current comprehensive plan together with written certification by the governing body of the local government unit that it has complied with this section and that no amendments to its plan or fiscal devices or official controls are necessary; or
(b)(1) submit the entire updated comprehensive plan and amendment or amendments to its comprehensive plan necessitated by its review to the Metropolitan Council for review; and
(2) submit the amendment or amendments to its fiscal devices or official controls necessitated by its review to the Metropolitan Council for information purposes as provided by section 473.865.
Except as otherwise provided in this paragraph, local governments shall consider, in preparing their updated comprehensive plans, amendments to metropolitan system plans in effect on December 31, 1996. For metropolitan system plans, or amendments thereto, adopted after December 31, 1996, local governments shall review their comprehensive plans to determine if an amendment is necessary to conform to the metropolitan system plans. If an amendment is necessary, the local government shall prepare the amendment and submit it to the council for review by September 30, 1999, or nine months after the council transmits the metropolitan system plan amendment to the local government, whichever is later.
The periodic review required in this subdivision shall be in addition to the review required by section 473.856.
The Metropolitan Council may grant extensions to local government units in order to allow local government units to complete the review and, if necessary, amendment required by this subdivision. Such extensions, if granted by the Metropolitan Council, must include a timetable and plan for completion of the review and amendment.
Amendments to comprehensive plans of local governmental units shall be prepared, submitted, and adopted in conformance with guidelines adopted by the Metropolitan Council pursuant to section 473.854.
History:
1976 c 127 s 15; 1977 c 347 s 68; 1981 c 242 s 1; 1995 c 176 s 9; 2006 c 194 s 8
2023 Minnesota Statutes › Chapters 473 - 473J — Metropolitan Area › Chapter 473 — Metropolitan Government › Section 473.865 — Adoption; Conflicts, Amendment Of Controls, Devices.

473.865 ADOPTION; CONFLICTS, AMENDMENT OF CONTROLS, DEVICES.
Subdivision 1.
Control copies to council.
Each local governmental unit shall adopt official controls as described in its adopted comprehensive plan and shall submit copies of the official controls to the council within 30 days following adoption thereof, for information purposes only.
Subd. 2.
No conflict with plans.
A local governmental unit shall not adopt any official control or fiscal device which is in conflict with its comprehensive plan or which permits activity in conflict with metropolitan system plans.
Subd. 3.
Amendments.
If an official control conflicts with a comprehensive plan as the result of an amendment to the plan, the official control shall be amended by the unit within nine months following the amendment to the plan so as to not conflict with the amended comprehensive plan.
History:
1976 c 127 s 16; 1977 c 347 s 68
2023 Minnesota Statutes › Chapters 473 - 473J — Metropolitan Area › Chapter 473 — Metropolitan Government › Section 473.866 — Contested Cases; Administrative And Judicial Review.

473.866 CONTESTED CASES; ADMINISTRATIVE AND JUDICIAL REVIEW.
The council's decision to require modification under section 473.175 may be contested by the affected local governmental unit. The unit shall have 60 days within which to request a hearing on the council's decision to require modification. If within 60 days the unit has not requested a hearing, the council shall make its final decision with respect to the required modifications. If an affected unit requests a hearing, the request for hearing shall be granted, and the hearing shall be conducted within 60 days by the state Office of Administrative Hearings in the manner provided by chapter 14 for contested cases. The 60-day period within which the hearing shall be conducted may be extended by mutual agreement of the council and the affected local governmental unit. The subject of the hearing shall not extend to questions concerning the need for or reasonableness of the metropolitan system plans or any part thereof. In the report of the administrative law judge the costs of the hearing shall be apportioned among the parties to the proceeding. Within 30 days after the receipt of the report the council shall, by resolution containing findings of fact and conclusions, make a final decision with respect to the required modifications of the comprehensive plan. Any party to the proceeding aggrieved by the decision of the council may appeal to the court in the manner provided in chapter 14 for contested cases. The record on appeal shall consist of: (1) the administrative law judge's record and report, and (2) the findings, conclusions and final decision of the council. The scope of review shall be that of section 14.69, provided that: (1) the court shall not give preference to either the administrative law judge's record and report or the findings, conclusions and final decision of the council, and (2) the decision of the court shall be based upon a preponderance of the evidence as contained in the record on appeal. The costs of the appeal shall be apportioned by the court.
History:
1976 c 127 s 17; 1977 c 347 s 68; 1980 c 615 s 60; 1982 c 424 s 130; 1984 c 640 s 32; 2007 c 113 s 10
2023 Minnesota Statutes › Chapters 473 - 473J — Metropolitan Area › Chapter 473 — Metropolitan Government › Section 473.867 — Planning Assistance; Grants; Loans.

473.867 PLANNING ASSISTANCE; GRANTS; LOANS.
Subdivision 1.
Advisory materials, models, assistance.
The council shall prepare and provide advisory materials, model plan provisions and official controls, and on the request of a local governmental unit may provide assistance, to accomplish the purposes of sections 462.355, 473.175, and 473.851 to 473.871. The council may also provide specific technical and legal assistance in connection with the preparation, adoption and defense of plans, programs, and controls.
Subd. 2.
Planning assistance fund.
The council may establish a planning assistance fund as a separate bookkeeping account in its general fund for the purpose of making grants and loans to local governmental units under this section. The council shall adopt uniform procedures for the award, disbursement and repayment of grants and loans.
Subd. 3.
Loans, grants.
Local governmental units may apply, contract for and receive loans and grants as provided herein, and the provisions of chapter 475 shall not apply to loans made pursuant hereto. Applications for grants and loans shall be submitted to the council describing the activities for which the grant or loan funds will be used; the persons which the grantee or borrower plans to use in performing the grant contract; services and activities which will be paid for by funds of the grantee or borrower; the grantee or borrower's need and ability to pay for the contract services; and other information as the council may reasonably request. Grants and loans shall be made subject to contracts between the council and the recipient specifying the use and disbursement of the funds and, for loans, the terms and conditions of repayment, and other appropriate matters. In making grants and loans, the council shall base its decisions on the recipient's demonstrated need and available financial resources.
Subd. 4.
[Repealed, 2000 c 493 s 25]
Subd. 5.
Loan terms.
Loans made by the council shall be payable on such terms and conditions as the council determines appropriate, provided that no loan shall carry an interest rate nor be for a term in excess of five years. Funds received in payment of loans shall be credited to the planning assistance fund and shall be used for additional loans or grants under this section.
Subd. 6.
Assistance for plan updates.
The council shall give priority for the use of loan and grant funds available under this section to local governmental units for review and amendment of local comprehensive plans and fiscal devices and official controls, as required by section 473.864, subdivision 2. The council shall consult with affected local government units to evaluate the need for technical and financial assistance.
History:
1976 c 127 s 18; 1977 c 347 s 68; 1995 c 176 s 10; 2007 c 113 s 11,12
2023 Minnesota Statutes › Chapters 473 - 473J — Metropolitan Area › Chapter 473 — Metropolitan Government › Section 473.869 — Extension.

473.869 EXTENSION.
A local governmental unit may by resolution request that the council extend the time for fulfilling the requirements of sections 462.355, subdivision 1a, 473.175, and 473.851 to 473.871. A request for extension shall be accompanied by a description of the activities previously undertaken by a local governmental unit in fulfillment of the requirements of sections 462.355, 473.175, and 473.851 to 473.871, and an explanation of the reasons necessitating and justifying the request. Upon a finding of exceptional circumstances or undue hardship, the council may, in its discretion, grant by resolution a request for extension and may attach reasonable requirements or conditions to the extension.
History:
1976 c 127 s 20; 1977 c 347 s 68; 2007 c 113 s 13
2023 Minnesota Statutes › Chapters 473 - 473J — Metropolitan Area › Chapter 473 — Metropolitan Government › Section 473.87 — Levy For Increased Costs.

473.87 LEVY FOR INCREASED COSTS.
The increased costs to a municipality of implementing sections 473.175; 473.858, subdivisions 1 to 3; 473.859 to 473.862; and 473.866 shall be deemed a levy and the proceeds of any tax levied under this section shall be deposited in the municipal treasury in a separate fund and expended only for the purposes authorized by this section.
History:
1976 c 127 s 22; 1977 c 347 s 68; 1Sp1989 c 1 art 5 s 40
2023 Minnesota Statutes › Chapters 473 - 473J — Metropolitan Area › Chapter 473 — Metropolitan Government › Section 473.871 — New Municipal Sewer Systems.

473.871 NEW MUNICIPAL SEWER SYSTEMS.
Notwithstanding the provisions of sections 462.355, 473.175, and 473.851 to 473.871 the council shall have no authority under this chapter to require a local governmental unit to construct a new sewer system.
History:
1976 c 127 s 23; 1977 c 347 s 68; 2007 c 113 s 14
2023 Minnesota Statutes › Chapters 473 - 473J — Metropolitan Area › Chapter 473 — Metropolitan Government › Section 473.910 — Midtown Planning And Coordination Board.

473.910 MIDTOWN PLANNING AND COORDINATION BOARD.
Subdivision 1.
Established.
The Midtown Planning and Coordination Board is established.
Subd. 2.
Purpose.
The purpose of the board is to do planning for the Lake Street corridor area along with and including neighborhoods one-half mile on either side of Lake Street in Minneapolis from the western city limits to the Mississippi River, and to do planning and coordination for economic development, transportation, and residential renewal, with the cooperation of affected government, civic, business, and neighborhood entities.
Subd. 3.
Membership.
The board shall be composed of 13 members. Three members must be appointed by the Minneapolis City Council from among its members; three by the Hennepin County Board, from among its members; one by the Minneapolis Park Board, from among its members; one by the Metropolitan Council, from among its members; two members of the public appointed by the Minneapolis City Council; two members of the public appointed by the Hennepin County Board; and one member appointed by the member of Congress from the fifth district or the member's designee. The public members must reside or do business in the affected area.
Subd. 4.
Officers.
The chair of the board shall be elected by, and from among, the members of the board for a one-year term. The chair shall preside at meetings of the board, if present, and shall perform all other duties assigned by the board or by law. The board shall elect officers in addition to the chair as it deems necessary for the conduct of its duties.
Subd. 5.
Membership terms.
The terms of the members shall be three years with the terms ending on June 30, 2001.
Subd. 6.
Compensation and membership.
Compensation of members, removal of members, and filling of membership vacancies is governed by section 15.0575, if not covered in this section.
Subd. 7.
Duration.
The board continues to exist until expressly abolished by law.
History:
1998 c 372 art 2 s 7
2023 Minnesota Statutes › Chapters 473 - 473J — Metropolitan Area › Chapter 473 — Metropolitan Government › Section 473.912 — Powers Of Board.

473.912 POWERS OF BOARD.
Subdivision 1.
General powers.
The board has all powers that may be necessary or convenient to enable it to perform the duties and responsibilities imposed on it by law. The powers include the specific powers enumerated in this section.
Subd. 2.
Gifts and appropriations.
The board may accept gifts; apply for and use grants of money or other property from the United States, the state, or any person for any board purpose, and may enter into agreements required in connection therewith; and may hold, use, and dispose of the money or property in accordance with the terms of the gift, grant, or agreement relating to it.
History:
1998 c 372 art 2 s 8
2023 Minnesota Statutes › Chapters 473 - 473J — Metropolitan Area › Chapter 473 — Metropolitan Government › Section 473.915 — Procurements.

473.915 PROCUREMENTS.
All proposed Metropolitan Council procurements over $125,000,000 must be reviewed by the members of the Legislative Advisory Commission under section 3.30 and the ranking minority members of the house of representatives and senate committees or divisions responsible for overseeing the items subject to the proposed procurement. The chair of the Metropolitan Council shall give notice to the Legislative Advisory Commission secretary when a procurement over $125,000,000 is being considered. The commission shall take testimony on the procurements.
History:
2007 c 32 s 12
2023 Minnesota Statutes › Chapters 473 - 473J — Metropolitan Area › Chapter 473F — Metropolitan Revenue Distribution › Section 473F.01 — Purpose; Use Of Proceeds.

473F.01 PURPOSE; USE OF PROCEEDS.
Subdivision 1.
Purpose.
The legislature finds it desirable to improve the revenue raising and distribution system in the seven-county Twin Cities area to accomplish the following objectives:
(1) to provide a way for local governments to share in the resources generated by the growth of the area, without removing any resources which local governments already have;
(2) to increase the likelihood of orderly urban development by reducing the impact of fiscal considerations on the location of business and residential growth and of highways, transit facilities and airports;
(3) to establish incentives for all parts of the area to work for the growth of the area as a whole;
(4) to provide a way whereby the area's resources can be made available within and through the existing system of local governments and local decision making;
(5) to help communities in different stages of development by making resources increasingly available to communities at those early stages of development and redevelopment when financial pressures on them are the greatest; and
(6) to encourage protection of the environment by reducing the impact of fiscal considerations so that floodplains can be protected and land for parks and open space can be preserved.
Subd. 2.
Use of proceeds.
Except as provided in section 473F.08, subdivision 3a, the proceeds from the areawide tax imposed under this chapter must be used by a local governmental unit in the same manner and for the same purposes as the proceeds from other ad valorem taxes levied by the local governmental unit.
History:
Ex1971 c 24 s 1; 1991 c 291 art 1 s 37
2023 Minnesota Statutes › Chapters 473 - 473J — Metropolitan Area › Chapter 473F — Metropolitan Revenue Distribution › Section 473F.03 — Administrative Auditor.

473F.03 ADMINISTRATIVE AUDITOR.
Subdivision 1.
Election of administrative auditor.
On or before July 1 of 1972 and each subsequent even-numbered year the auditors of the counties within the area shall meet at the call of the auditor of Hennepin County and elect from among their number one auditor to serve as administrative auditor for a period of two years and until a successor is elected. If a majority is unable to agree upon a person to serve as administrative auditor, the commissioner of management and budget shall appoint one from among the auditors of the counties in the area. If the administrative auditor ceases to serve as a county auditor within the area during the term for which elected or appointed, a successor shall be chosen in the same manner as is provided herein for the original selection, to serve for the unexpired term.
Subd. 2.
Staff; facilities; reimbursement.
The administrative auditor shall utilize the staff and facilities of the auditor's office of the county served to perform the functions imposed by sections 473F.01 to 473F.13. The administrative auditor's county shall be reimbursed for the marginal expenses incurred by its county auditor and auditor's staff hereunder by contributions from each other county in the area in an amount which bears the same proportion to the total expenses as the population of the other county bears to the total population of the area. The administrative auditor shall annually, on or before February 1, certify the amounts of total expense for the preceding calendar year, and the share of each county, to the treasurer of each other county. Payment shall be made by the treasurer of each other county to the treasurer of the county incurring expense on or before the succeeding March 1.
History:
Ex1971 c 24 s 3; 1973 c 492 s 14; 1986 c 444; 2009 c 101 art 2 s 109
2023 Minnesota Statutes › Chapters 473 - 473J — Metropolitan Area › Chapter 473F — Metropolitan Revenue Distribution › Section 473F.05 — Net Tax Capacity.

473F.05 NET TAX CAPACITY.
On or before August 5 of each year, the assessors within each county in the area shall determine and certify to the county auditor the net tax capacity in that year of commercial-industrial property subject to taxation within each municipality in the county, determined without regard to section 469.177, subdivision 3.
History:
Ex1971 c 24 s 5; 1979 c 322 s 19; 1986 c 444; 1987 c 291 s 235; 1988 c 719 art 5 s 50; 1989 c 329 art 13 s 20; 1Sp1989 c 1 art 9 s 70; 1991 c 291 art 1 s 42
2023 Minnesota Statutes › Chapters 473 - 473J — Metropolitan Area › Chapter 473F — Metropolitan Revenue Distribution › Section 473F.06 — Increase In Net Tax Capacity.

473F.06 INCREASE IN NET TAX CAPACITY.
On or before July 15 of each year, the auditor of each county in the area shall determine the amount, if any, by which the net tax capacity determined in the preceding year under section 473F.05, of commercial-industrial property subject to taxation within each municipality in the auditor's county exceeds the net tax capacity in 1971 of commercial-industrial property subject to taxation within that municipality. If a municipality is located in two or more counties within the area, the auditors of those counties shall certify the data required by section 473F.05 to the county auditor who is responsible under other provisions of law for allocating the levies of that municipality between or among the affected counties. That county auditor shall determine the amount of the net excess, if any, for the municipality under this section, and certify that amount under section 473F.07. Notwithstanding any other provision of sections 473F.01 to 473F.13 to the contrary, in the case of a municipality which is designated on July 24, 1971, as a redevelopment area under section 401(a)(4) of the Public Works and Economic Development Act of 1965, Public Law 89-136, the increase in its net tax capacity of commercial-industrial property for purposes of this section shall be determined in each year by using as a base the net tax capacity of commercial-industrial property in that municipality in the 1989 assessment year, rather than the net tax capacity of such property in 1971. The increase in total net tax capacity determined by this section shall be reduced by the amount of any decreases in net tax capacity of commercial-industrial property resulting from any court decisions, court related stipulation agreements, or abatements for a prior year, and only in the amount of such decreases made during the 12-month period ending on May 1 of the current assessment year, where such decreases, if originally reflected in the determination of a prior year's net tax capacity under section 473F.05, would have resulted in a smaller contribution from the municipality in that year. An adjustment for such decreases shall be made only if the municipality made a contribution in a prior year based on the higher net tax capacity of the commercial-industrial property.
History:
Ex1971 c 24 s 6; 1976 c 191 s 4; 1986 c 444; 1987 c 384 art 2 s 107; 1988 c 719 art 5 s 51; 1989 c 329 art 13 s 20; 1Sp1989 c 1 art 9 s 71; 1991 c 291 art 1 s 43
2023 Minnesota Statutes › Chapters 473 - 473J — Metropolitan Area › Chapter 473F — Metropolitan Revenue Distribution › Section 473F.07 — Computation Of Areawide Tax Base.

473F.07 COMPUTATION OF AREAWIDE TAX BASE.
Subdivision 1.
Areawide net tax capacity.
Each county auditor shall certify the determinations under sections 473F.05 and 473F.06 to the administrative auditor on or before August 1 of each year.
The administrative auditor shall determine an amount equal to 40 percent of the sum of the amounts certified under section 473F.06. The resulting amount shall be known as the "areawide net tax capacity for ........(year)."
Subd. 2.
Certification by commissioner.
The commissioner of revenue shall certify to the administrative auditor, on or before August 10 of each year, the population of each municipality for the preceding year, the proportion of that population which resides within the area, the average fiscal capacity of all municipalities in the area for the preceding year, and the fiscal capacity of each municipality in the area for the preceding year.
Subd. 3.
Areawide tax base distribution index.
The administrative auditor shall determine, for each municipality, the product of (a) its population, and (b) the proportion which the average fiscal capacity of municipalities for the preceding year bears to the fiscal capacity of that municipality for the preceding year. The product shall be the areawide tax base distribution index for that municipality. If a municipality is located partly within and partly without the area its index shall be that which is otherwise determined hereunder, multiplied by the proportion which its population residing within the area bears to its total population as of the preceding year.
Subd. 4.
Distribution net tax capacity.
The administrative auditor shall determine the proportion which the index of each municipality bears to the sum of the indices of all municipalities and shall then multiply this proportion in the case of each municipality, by the areawide net tax capacity.
Subd. 5.
Certification to county auditor.
The result of the procedure prescribed by subdivision 4 shall be known as the "areawide net tax capacity for ........(year) attributable to ..................(municipality)." The administrative auditor shall certify such product to the auditor of the county in which the municipality is located on or before August 15.
History:
Ex1971 c 24 s 7; 1973 c 492 s 14; 1976 c 191 s 5; 1976 c 231 s 31,32; 1986 c 444; 1987 c 384 art 2 s 108; 1988 c 719 art 5 s 52-54; 1989 c 329 art 13 s 20; 1Sp1989 c 1 art 9 s 72-74; 1991 c 291 art 1 s 44; 2003 c 127 art 5 s 44
2023 Minnesota Statutes › Chapters 473 - 473J — Metropolitan Area › Chapter 473F — Metropolitan Revenue Distribution › Section 473F.09 — Adjustments In Dates.

473F.09 ADJUSTMENTS IN DATES.
If, by reason of the enactment of any other law, the date by which the commissioner of revenue is required to certify to the county auditors the records of proceedings affecting the net tax capacity of property is advanced to a date earlier than June 30, the dates specified in sections 473F.07 and 473F.10 may be modified in the years to which such other law applies in the manner and to the extent prescribed by the administrative auditor.
History:
Ex1971 c 24 s 9; 1973 c 582 s 3; 1987 c 384 art 2 s 109; 1988 c 719 art 5 s 84; 1989 c 329 art 13 s 20; 1Sp1989 c 1 art 9 s 77; 1991 c 291 art 1 s 48
2023 Minnesota Statutes › Chapters 473 - 473J — Metropolitan Area › Chapter 473F — Metropolitan Revenue Distribution › Section 473F.10 — Reassessments And Omitted Property.

473F.10 REASSESSMENTS AND OMITTED PROPERTY.
Subdivision 1.
Reassessment orders.
If the commissioner of revenue orders a reassessment of all or any portion of the property in a municipality other than in the form of a mathematically prescribed adjustment of valuation, or if omitted property is placed upon the tax rolls, and the reassessment has not been completed or the property placed upon the rolls, as the case may be, by November 15, the net tax capacity of the affected property shall, for purposes of sections 473F.03 to 473F.08, be determined from the abstracts filed by the county auditor with the commissioner of revenue.
Subd. 2.
Adjustment in succeeding year.
If the reassessment, when completed and incorporated in the commissioner of revenue's certification of the net tax capacity of the municipality, or the listing of omitted property, when placed on the rolls, results in an increase in the net tax capacity of commercial-industrial property in the municipality which differs from that used, pursuant to subdivision 1, for purposes of sections 473F.03 to 473F.08, the increase in the net tax capacity of commercial-industrial property in that municipality in the succeeding year, as otherwise computed under section 473F.06, shall be adjusted in a like amount, by an increase if the reassessment or listing discloses a larger increase than was used for purposes of sections 473F.03 to 473F.08, or by a decrease if the reassessment or listing discloses a smaller increase than was used for those purposes, provided that no adjustment shall reduce the amount determined under section 473F.06 to an amount less than zero.
Subd. 3.
Application.
Subdivisions 1 and 2 shall not apply to the determination of the tax rate under section 473F.08, subdivision 4, or to the determination of the net tax capacity of commercial-industrial property and each item thereof for purposes of section 473F.08, subdivision 6.
History:
Ex1971 c 24 s 10; 1973 c 582 s 3; 1986 c 444; 1988 c 719 art 5 s 63; 1989 c 329 art 13 s 20; 1Sp1989 c 1 art 2 s 11
2023 Minnesota Statutes › Chapters 473 - 473J — Metropolitan Area › Chapter 473F — Metropolitan Revenue Distribution › Section 473F.11 — Late Levies.

473F.11 LATE LEVIES.
Subdivision 1.
Failure to certify levy.
If a governmental unit does not certify its levy to the county auditor by November 25, then for purposes of section 473F.08, subdivision 3, clause (a), and section 473F.08, subdivision 5, its levy shall be deemed to equal its levy in the preceding year.
Subd. 2.
Change in levy.
If a governmental unit certifies its levy to the county auditor on or before November 25, no change in its levy subsequent to that date shall be recognized for purposes of section 473F.08, subdivision 3, clause (a), and section 473F.08, subdivision 5.
Subd. 3.
Application.
Subdivisions 1 and 2 shall not apply to section 473F.08, subdivision 3, clause (b), and section 473F.08, subdivision 4.
Subd. 4.
Adjustment in succeeding year.
If, in any year, the levy employed in respect to a governmental unit, for purposes of section 473F.08, subdivision 3, clause (a), and section 473F.08, subdivision 5, is determined under subdivision 1 or subdivision 2, and its actual levy as determined subsequent to November 25 is a different amount, then its levy as otherwise determined in the succeeding year shall, for purposes of those provisions, be increased in the amount of the difference if the actual levy was greater than that employed for purposes of those provisions, or decreased in the amount of the difference if the actual levy was less than that employed for purposes of those provisions.
History:
Ex1971 c 24 s 11
2023 Minnesota Statutes › Chapters 473 - 473J — Metropolitan Area › Chapter 473F — Metropolitan Revenue Distribution › Section 473F.13 — Change In Status Of Municipality.

473F.13 CHANGE IN STATUS OF MUNICIPALITY.
Subdivision 1.
Certification of change in status.
If a municipality is dissolved, is consolidated with all or part of another municipality, annexes territory, has a portion of its territory detached from it, or is newly incorporated, the secretary of state shall immediately certify that fact to the commissioner of revenue. The secretary of state shall also certify to the commissioner of revenue the current population of the new, enlarged, or successor municipality, if determined by the chief administrative law judge of the state Office of Administrative Hearings incident to consolidation, annexation, or incorporation proceedings. The population so certified shall govern for purposes of sections 473F.01 to 473F.13 until the Metropolitan Council files its first population estimate as of a later date with the commissioner of revenue. If an annexation of unincorporated land occurs without proceedings before the chief administrative law judge, the population of the annexing municipality as previously determined shall continue to govern for purposes of sections 473F.01 to 473F.13 until the Metropolitan Council files its first population estimate as of a later date with the commissioner of revenue.
Subd. 2.
[Repealed, 1991 c 291 art 1 s 63]
Subd. 3.
[Repealed, 1991 c 291 art 1 s 63]
History:
Ex1971 c 24 s 13; 1973 c 492 s 14; 1975 c 271 s 6; 1976 c 191 s 12,13; 1991 c 291 art 1 s 49; 2003 c 2 art 5 s 12; 2008 c 196 art 2 s 10
2023 Minnesota Statutes › Chapters 473 - 473J — Metropolitan Area › Chapter 473H — Metropolitan Agricultural Preserves › Section 473H.01 — Citation; Policy; Purpose.

473H.01 CITATION; POLICY; PURPOSE.
Subdivision 1.
Citation.
Sections 473H.02 to 473H.17 may be cited as the "Metropolitan Agricultural Preserves Act."
Subd. 2.
Policy; purpose.
It is the policy of the state to encourage the use and improvement of its agricultural lands for the production of food and other agricultural products. It is the purpose of sections 473H.02 to 473H.17 to provide an orderly means by which lands in the metropolitan area designated for long-term agricultural use through the local and regional planning processes will be taxed in an equitable manner reflecting the long-term singular use of the property, protected from unreasonably restrictive local and state regulation of normal farm practices, protected from indiscriminate and disruptive taking of farmlands through eminent domain actions, protected from the imposition of unnecessary special assessments, and given such additional protection and benefits as are needed to maintain viable productive farm operations in the metropolitan area.
History:
1980 c 566 s 1
2023 Minnesota Statutes › Chapters 473 - 473J — Metropolitan Area › Chapter 473H — Metropolitan Agricultural Preserves › Section 473H.02 — Definitions.

473H.02 DEFINITIONS.
Subdivision 1.
Terms.
For purposes of sections 473H.02 to 473H.17 the terms defined in this section shall have the meanings given them.
Subd. 2.
Agricultural preserve or preserve.
"Agricultural preserve" or "preserve" means a land area created and restricted according to section 473H.05 to remain in agricultural use.
Subd. 3.
Agricultural use.
"Agricultural use" means the production for sale of livestock, dairy animals, dairy products, poultry or poultry products, fur-bearing animals, horticultural or nursery stock, fruit, vegetables, forage, grains, or bees and apiary products. Wetlands, pasture and woodlands accompanying land in agricultural use shall be deemed to be in agricultural use.
Subd. 4.
Authority.
"Authority" means the unit of government exercising planning and zoning authority for the land specified in an application as provided under section 473H.05 and pursuant to sections 394.21 to 394.37 or 462.351 to 462.364, or Minnesota Statutes 2020, sections 366.10 to 366.181. Where both a county and a township have adopted zoning regulations, the authority shall be the unit of government designated to prepare a comprehensive plan pursuant to section 473.861, subdivision 2.
Subd. 5.
Certified long-term agricultural land.
"Certified long-term agricultural land" means land certified pursuant to section 473H.04 as eligible for designation as agricultural preserves.
Subd. 6.
Covenant.
"Covenant" means a restrictive covenant initiated by the owner and contained in the application provided for in section 473H.05 whereby the owner places the limitations on specified land and receives the protections and benefits contained in sections 473H.02 to 473H.17.
Subd. 7.
Long-term agricultural land.
"Long-term agricultural land" means land in the metropolitan area designated for agricultural use in local or county comprehensive plans adopted and reviewed pursuant to sections 473.175, and 473.851 to 473.871, and which has been zoned specifically for agricultural use permitting a maximum residential density of not more than one unit per quarter/quarter.
Subd. 8.
Metropolitan area.
"Metropolitan area" has the meaning given it in section 473.121, subdivision 2.
Subd. 9.
Owner.
"Owner" means a resident of the United States owning land specified in an application pursuant to section 473H.05, and includes an individual, legal guardian or family farm corporation as defined in section 500.24, having a joint or common interest in the land. Where land is subject to a contract for deed, owner means the vendor in agreement with the vendee.
Subd. 10.
Quarter/quarter.
"Quarter/quarter" means one quarter of one quarter of any section in the rectangular land survey system.
Subd. 11.
[Repealed, 1999 c 11 art 1 s 72]
History:
1980 c 566 s 2; 1982 c 523 art 32 s 1,2; 1999 c 11 art 1 s 8; 2023 c 25 s 183
2023 Minnesota Statutes › Chapters 473 - 473J — Metropolitan Area › Chapter 473H — Metropolitan Agricultural Preserves › Section 473H.03 — Required Size Of Parcel; Exceptions.

473H.03 REQUIRED SIZE OF PARCEL; EXCEPTIONS.
Subdivision 1.
40 acres or more.
Long-term agricultural land comprising 40 or more acres shall be eligible for designation as an agricultural preserve.
Subd. 2.
If noncontiguous.
Noncontiguous parcels may be included to achieve the minimum acreage requirement in subdivision 1, provided that each parcel is at least ten acres in size and provided that all separate parcels are farmed together as a unit.
Subd. 3.
35-acre exception.
The minimum acreage requirement in subdivision 1 may be reduced to 35 acres provided the land is a single quarter/quarter parcel and the amount less than 40 acres is due to a public road right-of-way or a perturbation in the rectangular survey system resulting in a quarter/quarter of less than 40 acres.
Subd. 4.
20-acre exception.
Contiguous long-term agricultural land comprising not less than 20 acres and surrounded by eligible land on not less than two sides shall be eligible for designation as an agricultural preserve provided the authority by resolution determines that: (i) the land area predominantly comprises Class I, II, III, or irrigated Class IV land according to the Land Capability Classification Systems of the Natural Resources Conservation Service and the county soil survey; (ii) the land area is considered by the authority to be an essential part of the agricultural region; and (iii) the parcel was a parcel of record prior to January 1, 1980, or the land was an agricultural preserve prior to becoming a separate parcel of at least 20 acres.
Subd. 5.
Two or more authorities.
Contiguous long-term agricultural land meeting the total acreage requirements of this section but located in two or more authorities so that the minimum acreage requirement is not met in one or more of the authorities shall be eligible by joint resolution of the affected authorities.
Subd. 6.
Owner's adjoining preserve parcel.
Contiguous long-term agricultural land not meeting the total acreage requirements of this section but under the same ownership as an agricultural preserve adjoining it on at least one side shall be eligible for designation as an agricultural preserve.
History:
1980 c 566 s 3; 1989 c 313 s 9; 2015 c 21 art 1 s 109
2023 Minnesota Statutes › Chapters 473 - 473J — Metropolitan Area › Chapter 473H — Metropolitan Agricultural Preserves › Section 473H.04 — Authority Must Certify Eligible Preserve Lands.

473H.04 AUTHORITY MUST CERTIFY ELIGIBLE PRESERVE LANDS.
Subdivision 1.
With maps; published notice.
Each authority in the metropolitan area having land classified agricultural pursuant to section 273.13 shall certify by resolution using appropriate maps which lands, if any, are eligible for designation as agricultural preserves. Maps shall be in sufficient detail to identify eligible lands by property boundaries. At least two weeks before the resolution is to be adopted, the authority shall publish notice of its intended action in a newspaper having a general circulation within the area of jurisdiction of the authority. No additional lands shall qualify for designation as agricultural preserves until the authority certifies qualification.
Subd. 2.
When eligibility ends.
Land shall cease to be eligible for designation as an agricultural preserve when the comprehensive plan and zoning for the land have been amended so that the land is no longer planned for long-term agricultural use and is no longer zoned for long-term agricultural use, evidenced by a maximum residential density permitting more than one unit per 40 acres. When changes have been made, the authority shall certify by resolution and appropriate maps which lands are no longer eligible. At least two weeks before the resolution is to be adopted, the authority shall publish a notice of its intended action in a newspaper having a general circulation within the area of jurisdiction of the authority.
Subd. 3.
Maps to Met Council.
The authority shall provide the Metropolitan Council with suitable maps showing any lands certified eligible pursuant to subdivision 1 or decertified pursuant to subdivision 2. The Metropolitan Council shall maintain maps of the metropolitan area showing all certified long-term agricultural lands.
History:
1980 c 566 s 4; 1982 c 523 art 32 s 3,4
2023 Minnesota Statutes › Chapters 473 - 473J — Metropolitan Area › Chapter 473H — Metropolitan Agricultural Preserves › Section 473H.05 — Application; Covenant Agreement.

473H.05 APPLICATION; COVENANT AGREEMENT.
Subdivision 1.
Before June 1 for next year's taxes.
An owner or owners of certified long-term agricultural land may apply to the authority with jurisdiction over the land on forms provided by the commissioner of agriculture for the creation of an agricultural preserve at any time. Land for which application is received prior to June 1 of any year shall be assessed pursuant to section 473H.10 for taxes payable in the following year. Land for which application is received on or after June 1 of any year shall be assessed pursuant to section 473H.10 in the following year. The application shall be executed and acknowledged in the manner required by law to execute and acknowledge a deed and shall contain at least the following information and such other information as the commissioner deems necessary:
(a) legal description of the area proposed to be designated and parcel identification numbers if so designated by the county auditor and the certificate of title number if the land is registered;
(b) name and address of owner;
(c) an affidavit by the authority evidencing that the land is certified long-term agricultural land at the date of application;
(d) a statement by the owner covenanting that the land shall be kept in agricultural use, and shall be used in accordance with the provisions of sections 473H.02 to 473H.17 which exist on the date of application and providing that the restrictive covenant shall be binding on the owner or the owner's successor or assignee, and shall run with the land.
Subd. 2.
May be fee.
The authority may require an application fee, not to exceed $50, to defray administrative costs.
Subd. 3.
[Repealed, 1999 c 11 art 1 s 72]
Subd. 4.
Reenrolling.
If an owner's property was initially granted agricultural preserve status under subdivision 1 but the owner filed an agricultural preserve termination notice on that property, the owner may reenroll the property in the program as provided in this subdivision. In lieu of the requirements in subdivision 1, the county may allow a property owner to reenroll by completing a one page form or affidavit, as prepared by the county. The county may require whatever information is deemed necessary, except that approval by the city or township, in which the property is located, shall be required on the form or affidavit.
The county may charge the property owner a reenrollment fee, not to exceed $10, to defray any administrative cost.
Reenrolling property under this subdivision shall be allowed only if the same property owner or owners wish to reenroll the same property under the same conditions as was originally approved under subdivision 1.
History:
1980 c 566 s 5; 1982 c 523 art 32 s 5,6; 1986 c 444; 1994 c 587 art 5 s 24; 1999 c 11 art 1 s 9; 2010 c 389 art 1 s 24
2023 Minnesota Statutes › Chapters 473 - 473J — Metropolitan Area › Chapter 473H — Metropolitan Agricultural Preserves › Section 473H.06 — Notification.

473H.06 NOTIFICATION.
Subdivision 1.
Application.
Upon receipt of an application, the authority shall determine if all material required in section 473H.05 has been submitted and, if so, shall determine that the application is complete. When used in this chapter, the term "date of application" means the date the application is determined complete by the authority. Within five days of the date of application, the authority shall forward the completed and signed application to the county recorder, and copies to the county auditor, the county assessor, the Metropolitan Council, and the county soil and water conservation district.
Subd. 2.
Recording; memorialization.
The county recorder shall record the application containing the restrictive covenant and return it to the applicant. If the land is registered, the registrar of titles shall memorialize the application containing the restrictive covenant upon the certificate of title. The authority shall be notified by the recorder or registrar of titles that the application has been recorded or memorialized.
Subd. 3.
Taxes.
The county auditor, for taxes payable in the following year and thereafter for the duration of the preserve, shall determine local tax rates, assessments and taxes involving the preserve according to the provisions of section 473H.10.
Subd. 4.
Validation, assessment.
The county assessor, for taxes payable in the following calendar year and thereafter for the duration of the preserve, shall value and assess the agricultural preserve according to section 473H.10.
Subd. 5.
Maps; reports.
The Metropolitan Council shall maintain agricultural preserve maps, illustrating (a) certified long-term agricultural lands; and (b) lands covenanted as agricultural preserves. The council shall make yearly reports to the Department of Agriculture and such other agencies as the council deems appropriate.
Subd. 6.
Monitoring.
County auditors shall maintain records of the taxes assessed and paid on agricultural preserves in a manner prescribed by the commissioner of revenue for the orderly monitoring of the program.
Subd. 7.
Conservation problem statements.
The county soil and water conservation district may prepare an advisory statement of existing and potential conservation problems for the agricultural preserve land. The statement shall be forwarded to the owner of record and a copy of the statement shall be forwarded to the authority.
History:
1980 c 566 s 6; 1981 c 356 s 242,248; 1982 c 523 art 32 s 7-9; 1983 c 289 s 115 subd 1; 1987 c 312 art 1 s 26 subd 2; 1988 c 719 art 5 s 84; 1Sp1989 c 1 art 2 s 11; 1993 c 163 art 1 s 33; 1999 c 11 art 1 s 10,11
2023 Minnesota Statutes › Chapters 473 - 473J — Metropolitan Area › Chapter 473H — Metropolitan Agricultural Preserves › Section 473H.07 — Commencement Of Preserve.

473H.07 COMMENCEMENT OF PRESERVE.
A land area shall be deemed an agricultural preserve and subject to all the benefits and restrictions of sections 473H.02 to 473H.17 commencing 30 days from the date of application.
History:
1980 c 566 s 7