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![handle is hein.sag/sagmn0039 and id is 1 raw text is: CITIES: ZONING: City ordinance zoning newly annexed land in Mississippi headwaters area is
not subject to requirement for formal review and certification by Mississippi Headwaters Board,
but must, nonetheless comply with the Boards' coriprehensive land use plan. Minn. Stat.
§ 103f.371 - 103f.375 (1998).
59a-32
(Cr. Ref. to 125a-66, 477b-34, 484a-1, 484e-1)
May 11, 1999
Jay Squires, Esq.
Ratwik, Roszak & Maloney, P.A.
300 Peavey Building
730 Second Avenue South
Minneapolis, Minnesota 55402
Dear Mr. Squires:
In a letter to Attorney General Mike Hatch your predecessor, as counsel for the
Mississippi Headwaters Board, set forth substantially the following
FACTS
The Mississippi Headwaters Board (the Board) is an eight-county unit of
government formed under a joint powers agreement pursuant to Minnesota
Statutes Section 103F.361 to 103F.377. The Board is the final zoning authority
within the Mississippi Headwaters corridor, which extends throughout the eight-
member counties, excluding municipalities.
The primary purpose of the Board is to assure that its management plan is not
nullified by unjustified exceptions in particular cases and to promote uniformity in
the treatment of applications for exceptions. To accomplish this, a review and
certification procedure is established by Minn. Stat. § 103F.373, subd. I for the
following categories of land and use actions by the counties and directly or
indirectly affecting land use within the corridor:
1. The adoption or amendment of an ordinance regulating the use of land,
including rezoning of particular tracts of land;
2. The granting of a variance from provisions of the land use ordinance; and
3. The approval of a plat which is inconsistent with the land use ordinance.
Section 103F.375 provides that, if a municipality within the corridor annexes land
which would otherwise be subject to the Headwaters authority, . . .a moratorium
shall exist on . . . all subdivision platting and building permits on the land until
zoning regulations are adopted for the land that comply with the provisions of the
[management plan] . . .
I](ViewImageLocal?handle=hein.sag/sagmn0039&div=1&collection=&method=preview&ext=.png&size=3)