Planning Commission Guide

INFORMATION MEMO
Planning Commission Guide
Learn ways the city may create, change or discontinue a city planning commission. Provides
information on appointment of members, commission powers and duties, and meeting rules.
Understand council and planning commission roles in creating a comprehensive plan for growth and
development; how to implement it. Ways to participate in joint or multijurisdictional planning.
RELEVANT LINKS: I. Creation of a city planning commission

Minn. Stat. § 462.355.
State law encourages all cities to prepare and implement a comprehensive
Minn. Stat. § 473.175. municipal plan. In addition, cities within the seven-county metro area are
required to adopt comprehensive plans. Under state law, the city planning
commission or planning department is delegated the authority to create the
city’s comprehensive plan.
See MN Planning “Under A comprehensive plan is an expression of the community’s vision for future
Construction: Tools and
Techniques for Local growth and development. It is also a strategic map to reach that vision.
Planning.” Comprehensive planning is an important tool for cities to guide future
development of land to ensure a safe, pleasant, and economical environment
for residential, commercial, industrial, and public activities.
Minn. Stat. § 462.352, subd The first step in creating a comprehensive plan is the creation of a city
3. Minn. Stat. § 462.354,
subd 1. planning agency. A planning agency can be either a planning commission or
a planning department with an advisory planning commission. Planning
commissions are by and large the most prevalent form of planning agencies
in Minnesota. This memorandum discusses the commission form of a
planning agency in depth. In most instances the laws related to planning
commissions will apply to planning departments as well. However, cities
interested in forming a planning department as their main planning agency,
or who currently operate a planning department, should consult their city
attorney for guidance.
Minn. Stat. § 462.354. The planning commission must be created by city ordinance or charter
Minn. Stat. § 410.12. provision. When a planning commission is created by ordinance, a simple
See Handbook, The Home majority of councilmembers present is needed to adopt the ordinance. When
Rule Charter City.
a planning commission is created by charter, the statutory provisions for
amending a charter must be followed. In drafting a planning commission
ordinance or charter provision, a city will need to include provisions related
to:
This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations.
145 University Ave. West www.lmc.org 1/20/2015

Saint Paul, MN 55103-2044 (651) 281-1200 or (800) 925-1122 © 2015 All Rights Reserved
RELEVANT LINKS:
• Size or number of planning commission members.
• Terms of members.
• Organization and structure.
• Powers and duties.
A. Size or number of members

State statute does not specify how many commissioners a planning
commission should have. As a result, the city ordinance should establish a
reasonable number that reflects the needs of the city. An odd number is
preferred to avoid tie-vote situations. Generally, cities appoint between five
and nine individuals to serve as commission members.
Some considerations in choosing the number of commissioners include:
• Costs to the city in terms of salary (if a salary is paid).
• Availability of community members to serve or potential difficulty in
recruiting members to serve full terms.
B. Terms of members
LMC Model Planning State statute does not set the length of terms for commission members, or
Commission Ordinance.
impose limits on the number of successive terms that commission members
may serve. As a result, city ordinance should establish the length of terms
for commission members.
Some considerations in choosing the length of commission terms include:
• The substantial length of time necessary to conduct studies, draft, and
adopt a comprehensive plan.
• The extensive body of knowledge that commission members must
master to be effective planning commissioners.
These two considerations generally favor a longer, four-year term (rather
than a two-year term), since rapid turnover of planning commissioners may
hinder the city’s efficiency in adopting, implementing, and enforcing its
comprehensive plan.
Cities establishing a new planning commission for the first time, may wish
to provide staggered terms initially. For example, one term may be for one
year, another for two years, and another for three years, etc., with successors
serving full four-year terms. Staggering terms in this manner will help
ensure long-range continuity for the planning commission, and prevent a
situation where all commission seats are vacant at once. This ensures that
the planning commission is not without veteran members every four years.
League of Minnesota Cities Information Memo: 1/20/2015

Planning Commission Guide Page 2
RELEVANT LINKS:
Cities may establish consecutive term limits in their ordinance for
commission members if desired. In addition, the city may wish to establish
ordinance provisions for the removal of commission members, should it
become necessary.
C. Organization and structure

See Section IV- Planning The planning commission ordinance may establish an organizational form
Agency Meetings.
for the planning commission. For example, the ordinance may require a
See LMC Model Planning
chairperson, acting chair, and secretary. In the alternative, the ordinance may
Commission Policy on Rules enable the planning commission to suggest a policy (commonly known as
and Procedure. bylaws), subject to council approval, that establishes a form of organization
for its meetings. Placing organizational requirements in a policy adopted by
council resolution, rather than in ordinance form, is generally preferred,
because it provides a more flexible means to develop and amend policies.
D. Powers and duties

Minn. Stat. § 462.354. State statutes prescribe several mandatory duties for the city planning
See Section III – Powers and
Duties of the Planning commission. A city ordinance should be drafted to include these duties. In
Commission. addition, state statute permits some optional duties to be assigned to the
planning commission in the council’s discretion. City ordinance should
make it clear which of these optional duties are assigned to the planning
commission. Since state statute contains optional duties, general ordinance
language stating that commission duties “shall be as established by state
statute” may cause confusion over duties and should be avoided. The powers
and duties of the planning commission are discussed more extensively
below.
II. Appointment of city planning commission

members
A. Council as a whole may serve as the planning
commission
Minn. Stat. § 462.354. The city council may choose to designate itself as the city’s planning
commission by ordinance. However, most cities choose to establish a
planning commission as a separate advisory body. This approach reduces the
overall workload of the council, promotes citizen involvement, and allows
commissioners to specialize in developing their body of knowledge
concerning municipal planning.

RELEVANT LINKS:
B. Authority to appoint commissioners

State statute does not establish a process for the appointment of planning
commissioners. As a result, the city ordinance or charter provisions should
specify who has the authority to appoint commission members. Generally,
appointing authority is vested in the city council as a whole.
In the alternative, cities may vest appointment power in the mayor
exclusively, or may vest in the mayor the power to appoint commissioners,
subject to council approval.
Some city charters may already contain provisions related to general
appointments to city boards and commissions. In these cities, the charter
provisions preempt local ordinance.
Cities also should consider adopting a policy for the recruitment and
retention of commission members. The policy may be adopted as a
resolution and need not be in ordinance form. Adopting the policy via
resolution will allow more flexibility in developing and amending the
ordinance. Although state law does not require the following, the policy may
wish to include information regarding:
Sample Advertisement.
Sample City Application
• The advertisement period for open positions.
Forms. • The submission of letters of interest and a statement of qualifications for
Sample Interview Questions.
board positions, or a city application form.
• An interview process prior to appointment.
C. Residency requirements
LMC information memo, State statute does not require that planning commissioners reside within city
Residency Requirements for
City Boards and limits. As a result, city ordinance should specify any residency requirements
Commissions. for serving on the planning commission. Frequently, cities limit eligibility
for planning commission membership to city residents. Often, these cities
feel that planning commissioners should live in the communities they plan
for and create. Conversely, some cities may wish to allow non-residents to
serve on planning commissions to increase the pool of eligible citizens. In
addition, these cities may feel that property owners or business owners who
do not reside within the city may still bring a valuable perspective to the
planning commission.
D. Councilmembers and city staff serving on the

planning commission
See Section II-A, Council as In cities where the council as a whole has decided not to serve as the
a Whole May Serve as the
Planning Commission. planning commission, it may still be desirable for some councilmembers to
sit on the planning commission or attend commission meetings.

RELEVANT LINKS:
Cities may establish in their ordinance or planning commission policy
various ways for councilmembers to serve on the planning commission.
1. Full voting members

Local ordinance or commission policy may provide that one or two city
councilmembers will participate as full voting members of the planning
commission on all decisions, and for discussion and quorum purposes.
2. Non-voting members
Local ordinance or commission policy may provide that one or two city
councilmembers will sit on the planning commission as non-voting
members. Sometimes these members are called “council liaisons.” When
city ordinance creates non-voting members, to avoid confusion, city
ordinance or the commission policy should specify:
• Whether the councilmembers will count for quorum purposes.
• Whether the councilmembers may participate in discussion on matters
before the commission.
• Whether the councilmembers may hold an office on the commission,
such as chairperson, secretary, etc.
3. City staff on planning commission

City ordinance or commission policy may require that the city attorney, city
engineer or city administrator/clerk serve as an ex-officio, voting member or
non-voting of the planning commission. This, however, does not appear to
be a common practice. More commonly, city staff may attend planning
commission meetings as needed to provide the planning commission with
necessary advice and information.
E. Compensation
City ordinance or commission policy may provide that planning commission
members may be compensated for their service, or that they serve on a
strictly non-compensated volunteer basis. Generally, when compensation is
provided, it is for a nominal amount on an annual or per meeting basis.
F. Conflicts of interest
See LMC information memo, When appointing planning commissioners, cities should be aware that
Official Conflict of Interest.
Part IV Conflict of Interest in appointed officials are subject to the same concerns related to conflict of
Non-Contractual Situations. interest as city councilmembers. In the appointment process, the city council
56 Am. Jur. 2d Municipal
Corporations § 142. should attempt to discern if potential conflicts of interest exist.

RELEVANT LINKS:
Lenz v. Coon Creek Particularly, conflicts where it is obvious that the potential appointee’s own
Watershed, Dist., 278 Minn.
1, 153 NW 2d 209 (1967). personal interest is so distinct from the public interest that the member
Township Bd. Of Lake Valley cannot be expected to represent the public interest fairly in deciding the
Township v Lewis, 305 Minn.
488, 234 N.W. 2d 815 (1975). matter.
G. Removal of planning commission members

State statute does not dictate a process for removal of planning commission
members before the expiration of their term. Local ordinance or commission
policy should establish both criteria for removal and a process for removal.
III. Powers and duties of the planning

commission
State statutes vest the planning commission with certain mandatory duties.
In addition, state statute allows the city council to prescribe additional duties
in local ordinance. In most instances, unless noted in statute or ordinance,
the planning commission serves in an advisory capacity.
A. Preparing and recommending a comprehensive

plan
The primary duty of a newly created planning agency is advising the city
council on the preparation and adoption of a comprehensive plan for the
city.
1. Purpose of comprehensive planning

Minn. Stat. § 462.351. In essence, a comprehensive plan is an expression of the community’s vision
Minn. Stat. § 462.352, subd
5. for the future and a strategic map to reach that vision. Comprehensive
See MN Planning “Under planning is not mandatory in cities outside the seven- county metropolitan
Construction: Tools and
Techniques for Local area. However, comprehensive planning is an important tool for cities to
Planning.” guide future development of land to ensure a safe, pleasant, and economical
Sample: Bethel
Comprehensive Plan, City environment for residential, commercial, industrial, and public activities. In
Population 502. addition, planning can help:
Sample: Chisago City
Comprehensive Plan, City
Population 4,307.
Sample: Minnetonka
Comprehensive Plan, City
Population 51,519.
• Preserve important natural resources, agricultural, and other open lands.

• Create the opportunity for residents to participate in guiding a
community’s future.
• Identify issues, stay ahead of trends, and accommodate change.
• Ensure that growth makes the community better, not just bigger.
• Foster sustainable economic development.

RELEVANT LINKS:
• Provide an opportunity to consider future implications of today’s
decisions.
• Protect property rights and values.
• Enable other public and private agencies to plan their activities in
harmony with the municipality's plans.
For many cities creating a comprehensive plan is the first step in adopting
zoning and subdivision regulations for the city. As a result, the
comprehensive plan normally lays out a vision for the city’s future land
development and land use, dictating where growth should occur, the type of
growth that is allowed in various areas of the city, and the density of such
growth. However, a comprehensive plan also may include a:
Minn. Stat. § 462.352, subd.
8.
• Public or Community Facilities Plan.
Minn. Stat. § 462.352, subd. • Thoroughfare or Transportation Plan.
•
7.
Minn. Stat. § 462.352, subd. Parks and Open Space Plan.
8. • Capital Improvement Program.
9.
While not all cities are required to adopt a comprehensive plan, a plan is still
a good practice for a couple of reasons. First, once a plan is adopted, it
guides local officials in making their day-to-day decisions and becomes a
factor in their decision-making process.
Second, preparing a comprehensive plan prior to the adoption of a zoning
ordinance also affords the city additional legal protections if a particular
ordinance provision is challenged in court. Zoning ordinances must be
reasonable and have a rational basis. Comprehensive plans assist a city in
articulating the basis for its zoning decisions. Usually the courts will not
question the policies and programs contained in a comprehensive plan
adopted by a local community, or question the ordinances based upon the
plan, unless the particular zoning provision appears to be without any
rational basis, or clearly exceeds the city’s regulatory authority.
Minn. Stat. § 462.357, subd If a city is not able to develop a comprehensive plan prior to adopting a
2. Minn. Stat. § 462.352,
subd. 6. Minn. Stat. § zoning ordinance, the zoning ordinance should be adopted in conjunction
462.357, subd. 2 (c). with extensive, written finding of facts, stating the policy reasons that
necessitate the ordinance’s adoption.
2. Preparing the comprehensive plan

Minn. Stat. § 462.355, subd. State statute vests authority for preparing the comprehensive plan in the
1.
Minn. Stat. § 462.355, subd. planning commission. However, the city council also may propose the
2. comprehensive municipal plan and amendments to the plan by a resolution
submitted to the planning commission. When this occurs, the council may
not adopt the recommended language until it has received a report from the
planning commission or 60 days have elapsed.

RELEVANT LINKS:
The plan may be prepared and adopted in sections, each of which relates to a
major subject of the plan, or to a major geographical section of the
municipality.
Minn. Stat. § 462. 353, subd Cities are authorized to collect and analyze data; prepare maps, charts,
2.
tables, and other illustrations and displays; and conduct necessary studies
when developing a comprehensive plan. Cities also may hire planning
consultants and other experts to assist in drafting their plan.
a. Consultants and public input
(1) Professional planners

Minn. Stat. § 462.353, subd. Cities may hire planning consultants and other experts to assist in drafting
3.
their plan. Preparing a comprehensive plan is a large undertaking. While a
planning commission can and should do most of the job, many communities
have found they also need professional assistance from a professional
planning consultant or a competent person on the staff of the city, county,
regional development commission, or neighboring city.
See LMC information memo,

Cities may solicit a planner through a request for proposal. While state law
Competitive Bidding does not require planners to be licensed or certified, many cities prefer to
Requirements in Cities. hire planners with professional certification from the American Institute of
American Institute of
Certified Planners. Certified Planners (AICP). In order to be certified by the AICP, planners
need to pass an exam and meet continuing education requirements.
(2) Other consultants

Minn. Stat. § 462.355, subd In drafting the plan, the planning commission must consult with other city
1.
departments and agencies (for example, the city’s economic development
authority).
Minn. Stat. § 462.355, subd In drafting a comprehensive plan, the planning commission must consider
1.
the planning activities of adjacent units of government and other affected
public agencies.
Minn. Stat. § 462. 353, subd The commissioner of natural resources must provide natural heritage data
2.
from the county biological survey, if available, to each city for use in the
comprehensive plan.
b. Public input
Minn. Stat. § 462.355, subd Cities are required to hold at least one public hearing prior to adopting a
2.
comprehensive plan. However, most cities find it helpful to hold a series of
Sample: Newsletter Article public meetings to educate residents about the comprehensive plan, and to
on Comprehensive Planning.
solicit citizen input. Some cities even develop extensive public relations
campaigns to create excitement about and compliance with the city’s
comprehensive planning activities.

RELEVANT LINKS:
c. President Theodore Roosevelt Memorial Bill to

Preserve Agricultural, Forest, Wildlife, and Open Space
Land

Non-metropolitan cities located in certain counties are subject to the
1h. Minn. Stat. § 462.355, President Theodore Roosevelt Memorial Bill to Preserve Agricultural,
subd. 1. Minn. Stat. § Forest, Wildlife, and Open Space Land (hereinafter the “T. Roosevelt
103G.005, subd. 10b.
Memorial Preservation Act”) when adopting or amending a comprehensive
plan.
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. These counties still contain a
significant portion of their presettlement wetland acreage. Cities outside the
metro area, and not located in the counties listed above, must comply with
the Act.
Cities subject to the T. Roosevelt Memorial Preservation Act are not
required to engage in comprehensive planning, but when they do must
consider the natural resource and open space preservation goals of the Act
when adopting a comprehensive plan.
Minn. Stat. § 462.355. 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. Such consideration could potentially be documented in
findings of fact.
Minn. Stat. § 462.357. 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.
3. Recommending the comprehensive plan to council

Minn. Stat. § 462.355, subd Once a comprehensive plan is drafted, the planning commission may submit
2.
the plan (or a portion of the plan) with its recommendation for adoption to
the city council. Upon receipt of the recommended plan, the council may
Minn. Stat. § 462.354. accept the plan, reject the plan, or recommend revisions to the planning
commission. In submitting the comprehensive plan to council, the planning
commission serves in a strictly advisory role. The city council ultimately
decides on the acceptance, rejection, or revision of the plan, and is not bound
by planning commission’s recommendations.

RELEVANT LINKS:
4. Adopting the comprehensive plan

a. Seven-county metro area plan review: adjacent units of
government
Minn. Stat. § 473.858, subd. Prior to plan adoption, cities within the seven-county metro area must
2.
submit their proposed comprehensive plans to adjacent governmental units
and affected school districts for review and comment.
b. Seven-county metro area plan review: Metropolitan

Council
Minn. Stat. § 473.175. Cities in the seven-county metropolitan area must submit their
Metropolitan Council. comprehensive plan to the Metropolitan Council for review of its
compatibility and conformity with the Council’s regional system plans.
City of Lake Elmo v. When the Metropolitan Council determines that a city’s comprehensive land
Metropolitan Council, 685 use plan may have a substantial impact on or contain a substantial departure
N.W.2d 1 (Minn. 2004).
from the Metropolitan Council’s regional system plans, the Council has the
statutory authority to require the city to conform to the Council’s system
plans.
c. All cities: public hearing requirements

Minn. Stat. § 462.355, subd. Prior to adoption of a comprehensive plan, the planning commission must
2.
See LMC information memo hold at least one public hearing. A notice of the time, place, and purpose of
Newspaper Publication. the hearing must be published once in the official newspaper of the
municipality at least ten days before the day of the hearing.
d. Vote requirements
Minn. Stat. § 462.355, subd. Unless otherwise provided in a city charter, the city council may, by
3.
resolution by a two-thirds vote of all of its members, adopt and amend the
comprehensive plan or a portion of the plan. This means that on a five-
member council, the comprehensive plan must receive at least four
affirmative votes.
B. Implementing the plan

See Section V: Changing the Once a comprehensive plan is adopted, the planning commission continues
Structure or Abolishing the
Planning Commission. to exist (unless dissolved using statutory procedures). Once a plan is
Minn. Stat. § 462.356, subd
adopted, the main task of the planning commission is to study and propose
1. to the city council a reasonable and practicable means for putting the plan or
section of the plan into effect.
Minn. Stat. § 462.356, subd Reasonable and practicable means for putting the plan into action may
1.
include:

RELEVANT LINKS:
Zoning Guide for Cities.
• Zoning regulations.
• Regulations for the subdivision of land.
•
LMC information memo
Zoning Decisions. An official map.
See Handbook, • A program for coordination of the normal public improvements and
Comprehensive Planning,
Land Use, and City-Owned services of the municipality.
Land.
LMC information memo,
• A program for urban renewal, and
Subdivisions, Plats and • A capital improvement program.
Development Agreements.
See Handbook,
Comprehensive Planning,
Land Use, and City-Owned
Land.
In submitting recommendations for effectuation of the comprehensive plan

to council, the planning commission serves in a strictly advisory role. The
city council ultimately decides on the adoption of any land use ordinances or
city programs.
C. Role in periodic review of the comprehensive

plan
Minn. Stat. § 462.355, subd After a city has adopted a comprehensive plan, the planning commission is
1.
responsible for periodically reviewing the plan and recommending
amendments whenever necessary.
Minn. Stat. § 462.355, subd. Cities within the seven-county metro area must review and update their plan,
1a. Minn. Stat. § 473.121,
subd. 2. Minn. Stat. § fiscal devices, and official controls at least every 10 years, and submit their
473.864, subd. 2. revised plans to the Metropolitan Council for review.
D. Role in amending the comprehensive plan

Minn. Stat. § 462.355, subd. After a city has adopted a comprehensive plan, all future amendments to the
3.
plan must be referred to the planning commission for review and comment.
No plan amendment may be acted upon by the city council until it has
received the recommendation of the planning commission, or until 60 days
have elapsed from the date an amendment proposed by the city council has
been submitted to the planning commission for its recommendation.
In submitting review and comment to council, the planning commission
serves in a strictly advisory role. The city council ultimately decides on the
acceptance, rejection or the revision of the plan, and is not bound by
planning commission recommendations.
1. Procedure for amending a comprehensive plan

See Section III-A-4 Adopting In amending a comprehensive plan, cities must follow the same procedure
the Comprehensive Plan.
Minn. Stat. § 462.355, subd. for adoption of a new plan. The planning commission must hold at least one
3. public hearing on the amendment preceded by published notice.

RELEVANT LINKS:
Minn. Stat. § 473.175. Cities in the seven-county metro area must submit all amendments to their
Metropolitan Council.
comprehensive plans to the Metropolitan Council for review.
Minn. Stat. § 462.355, subd. Unless otherwise provided by charter, all amendments to the comprehensive
3.
plan must be approved by a two-thirds vote of all of its members.
E. Role in purchase and sale of real property

Minn. Stat. § 462.356, subd. After a comprehensive municipal plan or section of a plan has been
2. Lerner v. City of
Minneapolis, 284 Minn. 46, recommended by the planning commission and a copy filed with the city
169 N.W.2d 380 (Minn. council, the planning commission must be given a chance to review and
1969). A.G. Op. 63-b-24
(Dec. 9, 1971). A.G. Op. 161- comment on all proposed public acquisitions or disposal of real property
b, (Aug. 8, 1966). within the city. This includes acquisitions or disposal by the city, but also:
See LMC information memo
Purchase and Sale of Real
Property.
• Any special district or agency in the city.

• Any other political subdivision (public schools or the county for
example) having jurisdiction within the city.
This provision would appear to apply even when the comprehensive plan
has not yet been adopted by council, so long as the planning commission has
filed its recommended plan with the city.
After review, the planning commission must report in writing its findings to
compliance of the proposed acquisition or to disposal of real estate with the
comprehensive municipal plan.
The purpose of this requirement is to allow review of overall municipal
development by the city planning commission, the authority charged with
developing and reviewing the comprehensive land use plan for the
municipality.
The planning commission has 45 days to report on the proposal, unless the
city council designates a shorter or longer period for review. If the planning
commission does not report within the required timeline, this statutory
provision is considered waived by the commission.
In addition, a city council may by resolution adopted by two-thirds vote
dispense with this requirement when in its judgment it finds that the
proposed acquisition or disposal of real property has no relationship to the
comprehensive municipal plan.
Lerner v. City of In submitting comments and review, the planning commission serves in a
Minneapolis, 284 Minn. 46,
169 N.W.2d 380 (Minn. strictly advisory role. The city council ultimately decides on the purchase or
1969). A.G. Op. 161-b (Aug. disposal of real estate and is not bound by planning commission
8, 1966).
recommendations.

RELEVANT LINKS:
F. Role in capital improvements program

Minn. Stat. § 462.356, subd After a comprehensive municipal plan or section of a plan has been
2.
recommended by the planning commission and a copy filed with the city
council, the planning commission must be given a chance to review and
comment on all proposed public capital improvements within the city. This
includes not only capital improvements built by the city, but also by:
• Any special district or agency in the city.
• Any other political subdivision having jurisdiction within the city.
The planning commission must report in writing to the city council, other
special district or agency, or political subdivision concerned, its findings to
compliance of the proposed capital improvement with the comprehensive
municipal plan.
Minn. Stat. § 475.521, subd. The term capital improvement is not defined within the comprehensive
1 (b). Minn. Stat. § 373.40,
subd. 1(b). planning statute. However, other statutes define a capital improvement as
“betterment of public lands, buildings or other improvements.”
The planning commission has 45 days to report on the proposal, unless the
city council designates a shorter or longer period for review. If the planning
commission does not report within the required timeline, this statutory
provision is considered waived by the commission.
A city council may by resolution adopted by two-thirds vote dispense with
this requirement when in its judgment it finds that the proposed capital
improvement has no relationship to the comprehensive municipal plan.
Lerner v. City of In submitting comments and review, the planning commission serves in a
Minneapolis, 284 Minn. 46,
169 N.W.2d 380 (Minn. strictly advisory role. The city council ultimately decides on capital
1969). A.G. Op. 161-b (Aug. improvements for the city and is not bound by planning commission
8, 1966).
recommendations.
G. Role in zoning ordinance adoption and

amendment
1. Zoning ordinance adoption
Minn. Stat. § 462.357, subd At any time after the adoption of a comprehensive plan or simply a portion
2. Minn. Stat. § 462.352,
subd 6. of the plan creating a land use plan, the planning commission, for the
purpose of carrying out the policies and goals of the land use plan, may
Minn. Stat. § 462.357, subd 2 prepare a proposed zoning ordinance (including a zoning map) and submit it
(c). to the city council with its recommendations for adoption. If a city adopts
For more information see
LMC information memo, only a land use plan, the plan must provide guidelines for the timing and
Zoning Decisions. sequence of the adoption of official controls to ensure planned, orderly, and
staged development and redevelopment consistent with the land use plan.

RELEVANT LINKS:
Minn. Stat. § 462.357, subd. The city council may adopt a zoning ordinance by a majority vote of all its
2.
members.
A.G. Op. 59-A-32 (Jan. 25, In adopting an ordinance, one Minnesota attorney general opinion has found
2002).
that charter cities may not provide for different voting requirements in their
city charter, because the Municipal Planning Act supersedes inconsistent
charter provisions.
Minn. Stat. § 462.357, subd Prior to the adoption of a zoning ordinance, the city council or planning
3.
commission must hold a public hearing. Notice of the time, place, and
LMC information memo, purpose of the hearing must be published in the official newspaper of the
Newspaper Publication.
municipality at least ten days prior to the day of the hearing. When an
amendment involves changes in district boundaries affecting an area of five
acres or less, a similar notice must be mailed at least ten days before the day
of the hearing to each owner of affected property and property situated
wholly or partly within 350 feet of the property to which the amendment
relates.
See LMC information memo, The drafting and adoption of a city zoning ordinance is covered in detail in
the LMC Information Memo, Zoning Guide for Cities.
2. Zoning ordinance amendment

Minn. Stat. § 462.357, subd An amendment to a zoning ordinance, including a rezoning, may be initiated
4.
by the governing body, the planning commission, or by petition of affected
For more information see
property owners as defined in the zoning ordinance. An amendment not
LMC information memo initiated by the planning commission must be referred to the planning
Zoning Decisions. commission for study and report. The city council may not act on the
proposed amendment (either by adopting or denying the amendment) until
the planning commission has made its recommendations or 60 days have
See Section IV- B on the 60- elapsed from the date of reference of the amendment without a report by the
Day Rule. planning commission.
It is important to note that while state statute provides the planning
commission 60 days to respond to proposals, the 60-Day Rule (an entirely
different rule with 60 days in the title) still applies to ordinance amendments
brought by application or petition of property owners. As a result, internal
procedures should be developed to coordinate planning commission review
that does not violate the 60-Day Rule automatic approval statute.
In generating a report on a proposed zoning amendment, the planning
commission serves in a strictly advisory role. The city council ultimately
decides on the amendment for the city and is not bound by planning
commission recommendations.
Minn. Stat. § 462.357, subd Prior to the adoption of a zoning ordinance amendment, a public hearing
3.
must be held. Under state statute, the city council or the planning
commission may conduct the hearing.

RELEVANT LINKS:
Cities may adopt an ordinance or policy directing the planning commission
to conduct these hearings when necessary.
Minn. Stat. § 462.357, subd. The city council may adopt and amend a zoning ordinance by a majority
2.
vote of all its members. However, the adoption or amendment of any portion
of a zoning ordinance which changes all or part of the existing classification
of a zoning district from residential to either commercial or industrial
requires a two-thirds majority vote of all members of the governing body.
3. Cities of the first class, additional duties for

planning commissions
Minn. Stat. § 462.357, subd. First class cities must follow very detailed procedures in state statute for
5.
zoning amendments that change residential zoning classifications to new
commercial or industrial classifications. Planning commissions in cities of
the first class must assist the city in these circumstances by conducting
studies and developing reports. Charter cities of the first class may opt to
follow a different procedure via a city charter provision.
H. Conditional use permits

Minn. Stat. § 462.3595. Some city zoning ordinances provide that some uses within a zoning district
See LMC information memo, will only be allowed upon the granting of a conditional use permit.
Zoning Guide for Cities. Conditional use permits are discussed in detail in the LMC Information
Memo Zoning Guide for Cities. State statute allows city councils to delegate
via ordinance their authority to review and approve conditional use permits
to a planning commission or other designated authority.
Planning commissions charged with reviewing applications for conditional
See LMC information memos use permits must follow fairly strict legal standards for their review.
Zoning Guide for Cities; Specifically, the city must follow the requirements of the zoning ordinance it
Land Use Conditional Use
Permits. has adopted.
If a conditional use permit application meets the requirements of the
ordinance, generally it must be granted. If an application is denied, the stated
reasons for the denial should all relate to the applicant’s failure to meet
standards established in the ordinance. The standard of review for
conditional use permits is discussed in depth in the LMC Information Memo
I. Role in adoption of an official map

Minn. Stat. § 462.359, subd. After the planning commission has adopted a comprehensive plan
2.
See Handbook, City containing a major thoroughfare plan and a community facilities plan or
Licensing. simply these portions of their comprehensive plan, it may adopt an official
7, 8. map. The official map is not the zoning map required for adoption of a
zoning ordinance.

RELEVANT LINKS:
In addition, it is not the map adopted as part of the comprehensive planning
process. Instead, the official map is a unique map designed to help carry out
the policies of the major thoroughfare plan and community facilities plan.
The official map can cover the entire city or any portion of the city.
The purpose of an official map is to identify land needed for future public
uses, such as streets, aviation purposes or other necessary public facilities,
such as libraries, city halls, parks, etc. Identification on an official map of
land needed for future public uses permits both the public and private
property owners to adjust their building plans equitably and conveniently
before investments are made that will make adjustments difficult to
accomplish.
Official maps do not give a city any right to acquire the areas reserved on
the map without payment. When the city is ready to proceed with the
opening of a mapped street, the widening and extension of existing mapped
Purchase and Sale of Real streets, or the use of lands for aviation purposes, it still must acquire the
Property. property by gift, purchase, or condemnation. It need not, however, pay for
any building or other improvement erected on the land without a permit or in
violation of the conditions of the permit.
Following the adoption and filing of an official map, the issuance of
building permits under the MN State Building Code are subject to its
provisions. If any building is built without a building permit or in violation
of permit conditions, a municipality need not compensate a landowner
whose building may be destroyed if a street is widened. In other words,
while the official map does not give any interest in land, it does authorize
the municipality to acquire such interests in the future without having to pay
compensation for buildings that are erected in violation of the official map.
J. Board of zoning adjustment and appeals

Minn. Stat. § 462.354, subd. A city that has adopted a zoning ordinance or official map should provide
2.
for a Board of Zoning Adjustment and Appeals (BZA). By ordinance, a city
may delegate the role of a BZA to the city planning commission or a
committee of the planning commission. The duties of a BZA include:
6 (1).
• To hear and decide appeals where it is alleged that there is an error in
any order, requirement, decision or determination made by an
administrative officer in the enforcement of the zoning ordinance.
6 (2). • To hear requests for variances from a city zoning ordinance.
•
4. To hear and decide appeals when a land use, zoning permit or approval
for a building is denied based upon the city’s official map.
2. • Such other duties as the city council may direct.

RELEVANT LINKS:
Minn. Stat. § 462.354, subd. In any city where the council does not serve as the BZA, the city council
2.
may, except as otherwise provided by charter, provide by ordinance that the
decisions of the BZA on matters within its jurisdiction are:
• Final subject only to judicial review; or
• Final subject to appeal to the council and the right of later judicial
review; or
• Advisory to the council.
Minn. Stat. § 462.354, subd. The ordinance creating the BZA should specify at minimum:
2.
• The time and manner by which hearings by the BZA shall be held,
including provisions related to notice to interested parties.
• Rules for the conduct of proceedings before the BZA, including
provisions for the giving of oaths to witnesses and the filing of written
briefs by the parties.
Minn. Stat. § 462.354, subd. In cities where the planning commission does not act as the BZA, the BZA
2.
may not make a decision on an appeal or petition until the planning
commission, or a representative authorized by it, has had reasonable
opportunity, not to exceed 60 days, to review and report to the BZA about
the appeal or petition.
It is important to note that while state statute provides the planning
commission 60 days to respond to appeals or petitions, the 60-Day Rule (an
entirely different rule with 60 days in the title) may still apply to some
matters brought before the BZA (for example, requests for variances) by
application or petition of property owners. As a result, internal procedures
should be developed to coordinate planning commission review that does
not violate the 60-Day Rule automatic approval statute.
See information memos, Planning commissions charged with reviewing applications for variances
Zoning Guide for Cities and
Land Use Variances. must follow fairly strict legal standards for their review. Specifically, the
city must follow the requirements of the state statute related to whether
enforcement of a zoning ordinance provision as applied to a particular piece
of property would cause the landowner “practical difficulties.” The
standards for review in granting variances are discussed in depth in the LMC
Information Memo Zoning Guide for Cities.
K. Role in review of subdivision applications

Minn. Stat. § 462.358, subd. Absent a charter provision to the contrary, in cities that have adopted a
3(b).
subdivision ordinance, the city council may by ordinance delegate the
See Handbook, City authority to review subdivision proposals to the planning commission.
Licensing. See also LMC
information memo, However, final approval or disapproval of a subdivision application must be
Subdivisions, Plats, and the decision of the city council.
Development Agreements.

RELEVANT LINKS:
See LMC information memo Planning commissions charged with reviewing subdivision applications
Subdivisions, Plats, and
Development Agreements. must follow fairly strict legal standards for their review. Specifically, the
city must follow the requirements of the subdivision ordinance it has
adopted. If a subdivision application meets the requirements of the
ordinance, generally it must be granted. If an application is denied, the stated
reasons for the denial must all relate to the applicant’s failure to meet
standards established in the ordinance. The standard of review for
subdivision applications is discussed in depth an LMC information memo on
subdivisions, plats and development agreements.
IV. Planning commission meetings

See the LMC information Planning commission meetings are governed by the same statutes as regular
memo, Meetings of City
Councils. city council meetings. For example, planning commission meetings are
subject to the Open Meeting Law and subject to the records retention laws.
A. Open Meeting Law

See LMC information memo, The Minnesota Open Meeting Law generally requires that all meetings of
Meetings of City Councils.
Minn. Stat. § 13D.01. public bodies be open to the public. This presumption of openness serves
three basic purposes:
Rupp v. Mayasich, 533
N.W.2d 893 (Minn. Ct. App.
• To prohibit actions from being taken at a secret meeting where it is
1995). impossible for the interested public to become fully informed concerning
decisions of public bodies or to detect improper influences.
• To ensure the public’s right to be informed.
• To afford the public an opportunity to present its views to the public
body.
Minn. Stat. § 13D.01, subd. 1. The Open Meeting Law applies to all governing bodies of any school
district, unorganized territory, county, city, town or other public body, and to
any committee, sub-committee, board, department or commission of a public
body. Thus, the law applies to meetings of all city planning commissions
and any city or commission advisory boards or committees.
Minn. Stat. § 13D.01, subd. 6.

At least one copy of the materials made available to the planning
commission at or before the meeting must also be made available for
inspection by the public. However, this does not apply to not-public data or
materials relating to the agenda items of a closed meeting.
LMC information memo The Open Meeting Law also contains some specific notice and record-
Meetings of City Councils.
keeping requirements which are discussed in detail in the LMC Information
Memo Meetings of City Councils.

RELEVANT LINKS:
B. The 60-Day Rule

For more information on the Cities generally have only 60 days to approve or deny a written request
60-Day Rule see the LMC
information memo, The 60- relating to zoning, including rezoning requests, conditional use permits and
Day Rule: Minnesota’s variances. This requirement is known as the “60-Day Rule.”
Automatic Approval Statute.
Minn. Stat. § 15.99. The 60-Day Rule is a state law that requires cities to approve or deny a
Manco of Fairmont v. Town
Bd. of Rock Dell Township, written request relating to zoning within 60 days or it is deemed approved.
583 N.W.2d 293 (Minn. Ct. The underlying purpose of the rule is to keep governmental agencies from
App. 1998).
Hans Hagen Homes, Inc. v. taking too long in deciding land use issues. Minnesota courts have generally
City of Minnetrista, 728 demanded strict compliance with the rule.
N.W.2d 536 (Minn. 2007).
All planning commission review of zoning related applications must be

completed in a manner that allows the city to complete its entire approval
process within the timeframe dictated by the 60-Day Rule. Local ordinance
should not establish timeframes for planning commission review of
applications or appeal of commission decisions that do not allow the city to
comply with the 60-Day Rule.
1. Scope of the rule

1(c). The rule applies to a “request related to zoning.” The courts have been rather
2(a). expansive in their interpretation of the phrase “related to zoning.” It is useful
Minn. Stat. § 462.358, subd. to look at the precise wording of the statute to see it covers much more than
3b.
Advantage Capital Mgmt, v. just requests “related to zoning.”
City of Northfield, 664
N.W.2d 421 (Minn. Ct. App.
2003).
“Except as otherwise provided in this section, section 462.358 subd. 3b, or

473.175, or chapter 505, and notwithstanding any other law to the contrary,
an agency must approve or deny within 60 days a written request relating to
zoning, septic systems, watershed district review, soil and water
conservation district review, or expansion of the metropolitan urban service
area for a permit, license, or other governmental approval of an action.”
The language covers requests for rezonings, conditional use permits and
variances. Courts have also found the law applies to requests for sign
permits, wetlands determination review, and road permits.
In short, almost all requests affecting the use of land have been treated as
subject to the law. Subdivision and plat approvals are an exception, since
those processes are subject to their own timeframes. The law also does not
apply to applications for building permits.
Building permits are issued pursuant to the State Building Code to regulate
the construction process, they do not regulate the use of land that may occur
in a particular zoning district. Therefore, they are not “related to zoning.”

RELEVANT LINKS:
2. Applications
Minn. Stat. § 15.99, subd. A request must be submitted in writing on the city’s application form, if one
1(c).
exists. A request not on the city’s form must clearly identify the approval
sought on the first page. The city may reject a request not on the city’s form
as incomplete, if the request does not include information required by the
city. The request also is considered incomplete if it does not include the
application fee.
Minn. Stat. § 15.99, subd. The 60-day time period does not begin to run if the city notifies the
3(a).
landowner in writing within 15 business days of receiving the application
that the application is incomplete. The city must also state what information
is missing.
3(c). If a city grants an approval within 60 days of receiving a written request, and
the city can document this, it meets the time limit even if that approval
includes certain conditions the applicant must meet. Subsequently, if the
applicant fails to meet the conditions, the approval may be revoked or
rescinded. An applicant cannot use the revocation or rescission to claim the
city did not meet the 60-day time limit.
Tollefson Dev., Inc. v. City of When a zoning applicant materially amends their application, the 60-day
Elk River, 665 N.W.2d 554
(Minn. Ct. App. 2003). period runs from the date of the written request for the amendment, not from
the date of the original application. However, minor changes to a zoning
request should not affect the running of the 60-day period.
3. Denials
Minn. Stat. § 15.99, subd. If an agency or a city denies a request, it must give written reasons for its
2(a).
Minn. Stat. § 15.99, subd. denial at the time it denies the request. When a multimember governing
2(c). body such as a city council denies a request, it must state the reasons for
Hans Hagen Homes v City of
Minnetrista, 728 NW 2d 536 denial on the record and provide the applicant with a written statement of the
(Minn. 2007). Johnson v reasons for denial. The written statement of the reasons for denial must be
Cook County, 786 N.W.2d
291 (Minn. 2010). consistent with reasons stated in the record at the time of denial. The written
statement of reasons for denial must be provided to the applicant upon
adoption.
Minn. Stat. § 15.99, subd. State statute provides that the failure of a motion to approve an application
2(b).
constitutes a denial, provided that those voting against the motion state on
the record the reasons why they oppose the request. This situation usually
occurs when a motion to approve fails because of a tie vote, or because the
motion fails to get the required number of votes to pass.

RELEVANT LINKS:
4. Extensions
Minn. Stat. § 15.99, subd. The law allows a city the opportunity to give itself an additional 60 days (up
3(f).
to a total of 120 days) to consider an application, if the city follows specific
statutory requirements. In order to avail itself of an additional 60 days, the
city must give the applicant:
• Written notification of the extension before the end of the initial 60-day
period.
• The reasons for extension.
• The anticipated length of the extension.
American Tower, L.P. v. City The courts have been particularly demanding on local governments with
of Grant, 636 N.W.2d
309(Minn. 2001). Northern regard to this requirement and have required local governments to meet each
States Power Co. v. City of element of the statute. An oral notice or an oral agreement to extend is
Mendota Heights, 646
N.W.2d 919 (Minn. Ct. App. insufficient. The reasons stated in the written notification should be specific
2002). in order to inform the individual applicant exactly why the process is being
delayed. Needing more time to fully consider the application may be an
adequate reason. As demonstrated in one Minnesota Supreme Court case,
the written notification should not take the form of a blanket statement on
the zoning application that the city will need the extension.
Minn. Stat. § 15.99, subd. An applicant may also request an extension of the time limit by written
3(g).
notice. If a city receives an applicant’s request for an extension, this should
be thoroughly documented.
Minn. Stat. § 15.99, subd. Once the city has granted itself one 60 day extension any additional
3(g).
extensions must be negotiated with and agreed upon by the applicant. The
city must initiate the request for additional time in writing and have the
applicant agree to an extension in writing.
The applicant also may ask for an additional extension by written request.
Minn. Stat. § 15.99, subd. The 60-day time period is also extended if a state statute requires a process
3(d), (e).
to occur before the city acts on the application if the process will make it
Minn. Stat. ch. 116D. impossible for the city to act within 60 days. The environmental review
Minn. R. ch. 4410.
process is an example. If the city or state law requires the preparation of an
environmental assessment worksheet (EAW) or an environmental impact
statement (EIS) under the state Environmental Policy Act, the deadline is
extended until 60 days after the environmental review process is completed.
Likewise, if a proposed development requires state or federal approval in
addition to city action, the 60-day period for city action is extended until 60
days after the required prior approval is granted from the state or federal
entity.

RELEVANT LINKS:
Minn. Stat. § 15.99, subd. On occasion, a local city zoning ordinance or charter may contain similar or
2(a), (e).
conflicting time provisions. The 60-Day Rule generally supersedes those
time limits and requirements.
See LMC information memo, Cities should adopt a procedure or set of procedures to ensure planning staff,
The 60 Day Rule:
Minnesota’s Automatic the planning commission and the city council follow the 60-Day Rule. City
Approval Statute. staff should develop a timetable, guidelines and forms (checklists for each
application may be helpful) to ensure that no application is deemed
approved because the city could not act fast enough to complete the review
process.
C. Commission policies on order and meeting

structure
See LMC Model Planning City ordinance may provide for the adoption, subject to the city council’s
Commission Policy on Rules
and Procedure. approval, of planning commission policies related to meeting rules of order
and procedure (sometimes referred to as bylaws). Such policies should be
Meetings of City Councils. adopted by resolution, not ordinance. A policy setting forth rules of
procedure can help the planning commission run its meetings, prepare
Public Hearings. agendas, call special meetings and handle public comment appropriately.
Because planning commissions often conduct public hearings, the policy
should prescribe a procedure for conducting orderly public hearings.
The policy should establish procedures related to:
• Meeting time and place, including provisions for calling special
meetings.
• Quorum requirements.
• Voting and making official recommendations.
• Order of proceedings for both regular meetings and public hearings.
• Creating, ordering and submitting items to an official agenda.
• Minute taking and record keeping requirements.
• Appointment and duties of officers, such as chairperson.
• Filling vacancies.
• Creation of management of subcommittees.
D. Minutes and official records

Cities, including city planning commissions, are required by law to create an
accurate record of their activities. In addition, cities, including city planning
commissions, must retain government records in accordance with the
records retention laws.

RELEVANT LINKS:
1. Minutes and records

See Handbook, Records State law requires all officers and agencies of the state, including planning
Management.
Minn. Stat. § 15.17, subds. 1, commissions in statutory and home-rule charter cities, to make and preserve
2. all records necessary for a full and accurate knowledge of their official
Meetings of City Councils for activities. These records include books, papers, letters, contracts, documents,
more information on minutes. maps, plans and other items. State statutes do not explicitly require planning
commissions to take minutes of their meetings, but such minutes may be
necessary to make a full and accurate record of the commission’s
proceedings.
See LMC information memo, Minutes are further recommended because the actions of planning
Zoning Guide, Section V-C-2
commissions and land use decisions, in general, are frequently subject to
court review. When a city land use decision is reviewed by a court of law,
the court requires cities to document the basis for their land use decisions in
written, contemporaneous findings of fact.
Planning commission bylaws or city policy should set the requirements for
meeting minute approval and content. For example, a policy may require the
minutes to reflect all motions and resolutions and votes taken by the
commission. Planning commission policy also may assign responsibility for
minute taking to the commission secretary or to a city staff member.
2. Findings of fact
LMC information memo In addition to minutes, whenever the planning commission makes an official
Taking the Mystery out of
Findings of Fact. recommendation related to a matter referred to it by council or on a land use
application submitted to the city (for example, a conditional use permit,
zoning amendment, variance or subdivision application), it should make
written findings of fact related to the recommendation.
Findings of fact from the planning commission serve three important roles:
• They articulate to the city council the planning commission’s
recommendations on issues before the commission, including its basis
for making its recommendations.
• They communicate to a land use applicant the commission’s approval of
a project or identify for the applicant disapproval and the reasons for
such disapproval.
• They support the city’s ultimate decision on the issue should the city’s
decision be challenged in court.
See Sample: Findings of Fact, In land use cases, Minnesota courts are looking for a sufficient statement of
City of Burnsville.
LMC information memos: the reasons given by the city to grant or deny an application request. The
Taking the Mystery out of role of the court is to examine the city’s reasons and ascertain whether the
Findings of Fact; Zoning
Decisions. record before the city council supports them. The reasons given by the city
must be legally sufficient and have a factual basis.

RELEVANT LINKS:
Minnesota case law and statutory law demand that the reasons for a city’s
decision on a land use case be articulated in the official record. Written
findings of fact, or “reasons,” and conclusions of law are required whenever
an application is denied. In addition, written findings of fact and conclusions
of law are strongly recommended whenever a decision or recommendation
related to a land use decision is made.
Findings of fact and creating accurate records are discussed at length in the
LMC Information Memo “Zoning Guide for Cities.”
3. Records retention requirements

Minn. Stat. § 15.17. State law limits the ability of cities, including city planning commissions, to
Minn. Stat. § 138.225.
Minn. Stat. §§ 138.161-.21. dispose of or destroy city records. Cities must retain records that they
A.G. Op. 851F (Feb. 5, receive or create according to a records retention schedule. It is a crime to
1973).
See Handbook, Records destroy such records without statutory authority.
Management.
See LMC Information Maintaining adequate records is also vital for defending the city’s land use
Memos, Taking the Mystery
out of Findings of Fact; Land decisions in a court of law.
Use Findings of Fact: Elected
Officials as Policy makers
and Zoning Decisions.
Sample: Findings of Fact:
City of Burnsville.
V. Changing the structure or abolishing the

planning commission
A. Abolishing the planning commission
Minn. Stat. § 462.354, subd. State statute provides that planning commissions created by city ordinance
1.
may be abolished by two-thirds vote of all the members of the governing
Minn. Stat. § 410.12. body. Planning commissions created by city charter can be abolished by
See Handbook, The Home
Rule Charter City. following the statutory provisions for amending a city charter.
Cities considering abolishing their planning commission should seek the
advice of their city attorney. While state statute allows cities to abolish their
planning commission, state statute also vests planning commissions with
mandatory duties related to:
3.
• Reviewing amendments to the comprehensive plan.
Minn. Stat. § 462.356, subd. • Reviewing purchase and sale of public property and capital improvement
2.
projects.
Minn. Stat. § 462.357, subd. • Reviewing zoning ordinance amendments.
4.

RELEVANT LINKS:
Because state statute vests planning commissions with these mandatory
duties, it is unclear how a city that has abolished its planning commission
would proceed under state statute with necessary amendments to official
controls, purchase and sale of property and capital improvements.
B. Modifying the planning agency

“Counting the Votes on Planning commissions created by city ordinance may be modified by an
Council Actions, Part 1 and
Part 2,” Minnesota Cities ordinance amendment (for example, to change a from a five to seven
(May and June-July 2006, p. member commission). The ordinance must be approved by a simple majority
19).
Minn. Stat. § 410.12. of city council members present at the meeting. Planning commissions
created by city charter can only be modified by a charter amendment.
VI. Joint or multijurisdictional planning

State statutes create multiple means for cities to collaborate with other
governmental bodies, including other cities, counties and towns, on
comprehensive land use planning.
A. Community-Based planning
Minn. Stat. § 462.3535, subd. Cities are encouraged, but not required, to prepare and implement a
1, 2.
community-based comprehensive municipal plan. This language is very
similar to comprehensive planning as discussed above, but is not the same.
4. Community-based comprehensive municipal plans contain an element of
orderly annexation and/or boundary adjustment planning along with
traditional land use and community planning.
In cities that opt for community-based comprehensive municipal plans, the
city must coordinate its plan with the plans, if any, of the county and the
city's neighbors. Cooperation is designed to:
• Prevent the plan from having an adverse impact on other jurisdictions.
• Complement the plans of other jurisdictions.
In cities that opt for community-based comprehensive municipal plans, the
city must prepare its plan to be incorporated into the county's community-
based comprehensive plan, if the county is preparing or has prepared one,
and must otherwise assist and cooperate with the county in its community-
based planning.
Community-based comprehensive municipal plans do not appear to be
common. Cities interested in this option should consult their city attorney or
a planning consultant.

RELEVANT LINKS:
B. Joint planning boards for unincorporated

territory within two miles of the city limits
Minn. Stat. § 462.3585. If a city has unincorporated area within two miles of the corporate limits of a
city, a joint planning board may be formed. A city council or a county board
or a town board may require the establishment of a joint planning board on
their own initiative by passing a resolution requiring a board to be
established. The resolution, once passed, must be filed with the county
auditor.
The city, county and town must agree on the number of board members for
the joint board. However, each participating governmental unit must have an
equal number of members. The members must be appointed from the
governing bodies of the city, county and town.
Once established, the board is authorized to:
Minn. Stat. § 462.3585.
• Serve as the governing body and board of appeals and adjustments
within the two-mile area.
Minn. Stat. § 462.3585.
• Create a planning agency.
1.
Minn. Stat. § 462.3585.

• Create a BZA.
2.
Minn. Stat. § 462.3585.

Minn. Stat. § 462.355.
• Adopt a comprehensive plan.
Minn. Stat. § 462.3585.
• Adopt interim ordinances.
4.
Minn. Stat. § 462.3585.

Minn. Stat. § 462.357.
• Adopt zoning ordinances.
Minn. Stat. § 462.3585.
Minn. Stat. § 462.358.
• Adopt subdivision regulations.
Minn. Stat. § 462.3585.
Minn. Stat. § 462.359.
• Adopt an official map.
Minn. Stat. § 462.3585.
Minn. Stat. § 462.3595.
• Provide for and issue conditional use permits.
Minn. Stat. § 462.3585.
Minn. Stat. § 462.362.
• Enforce official controls and prescribe penalties for violations.
Minn. Stat. § 462.3585.
• Adopt and enforce the State Fire Code.
The city must provide staff for the preparation and administration of land
use controls unless otherwise agreed by the governmental units composing
the board.

RELEVANT LINKS:
Minn. Stat. § 462.358, subd. If a city has already opted to extend the application of its subdivision
1a.
regulations to unincorporated territory located within two miles of its limits
before the creation of a joint board, the subdivision regulations which the
city has extended will apply until the joint board adopts subdivision
regulations.
C. Regional planning boards

Minn. Stat. § 462.371. Any two or more counties, cities or towns may enter into a joint powers
See Handbook,
Intergovernmental agreement to conduct regional planning activities. The participating entities
Cooperation. do not need to be contiguous.
See LMC information memo
Liability Coverage for Joint
Powers Agreements.
Minn. Stat. § 462.372. The joint powers agreement creating a regional planning agency should:
• Establish a board composed of members selected from the governing
bodies of the participating governmental units.
• Set the number of board members.
• Establish terms of office for board members.
• Establish a method for member appointment and removal.
• Create a framework for adoption of a regional plan, and provide
timelines for review and comment on the plan by participating
governmental units.
• Create a framework for review of participating governmental unit
comprehensive plans and a timeline for comment on such plans by the
regional board.
Minn. Stat. § 462.373, subd. The regional planning board may hire a planning director and staff,
1.
including consultants, and appoint an advisory planning commission.
Minn. Stat. § 462.373, subd. The regional planning board may prepare a plan for the development of the
2.
region. However, the plan may not be adopted by the regional planning
board until it has been referred to the governing bodies of all participating
units for their review and their recommendation.
Minn. Stat. § 462.374. Once the plan has been prepared, participating governmental units within
the region may adopt all or any portion of the regional development plan.
Minn. Stat. § 462.375. When a regional plan is adopted, the regional planning agency must send a
copy of the plan and any future revisions to the commissioner of
employment and economic development, to the governing bodies of
cooperating governmental units, and to the planning agencies in contiguous
areas.

RELEVANT LINKS:
D. Regional development commissions and

comprehensive planning activities
Minn. Stat. § 462.383. Regional development commissions are separate entities from regional
development boards discussed above. Regional development commissions
are created by state statute to provide a means of pooling the resources of
local governments to approach common problems related to urban and rural
growth and development.
Minn. Stat. § 462.385. Development regions are set by state statute and are numbered as follows:
Northwest Development Region 1: Kittson, Roseau, Marshall, Pennington, Red Lake, Polk, and
Commission.
Norman.
Headwaters Regional Region 2: Lake of the Woods, Beltrami, Mahnomen, Clearwater, and
Development Commission.
Hubbard.
Arrowhead Regional Region 3: Koochiching, Itasca, St. Louis, Lake, Cook, Aitkin, and Carlton.
West Central Initiative. Region 4: Clay, Becker, Wilkin, Otter Tail, Grant, Douglas, Traverse,
Stevens, and Pope.
Region Five Development Region 5: Cass, Wadena, Crow Wing, Todd, and Morrison.
Commission.
Mid-Minnesota Development Region 6E: Kandiyohi, Meeker, Renville, and McLeod.

Commission.
Upper Minnesota Valley Region 6W: Big Stone, Swift, Chippewa, Lac qui Parle, and Yellow
Regional Development
Commission. Medicine.
East Central Regional Region 7E: Mille Lacs, Kanabec, Pine, Isanti, and Chisago.
Southwest Regional Region 8: Lincoln, Lyon, Redwood, Pipestone, Murray, Cottonwood, Rock,
Nobles, and Jackson.
Region Nine Development Region 9: Sibley, Nicollet, LeSueur, Brown, Blue Earth, Waseca,
Commission.
Watonwan, Martin, and Faribault.
Region 10: Rice, Goodhue, Wabasha, Steele, Dodge, Olmsted, Winona,
Freeborn, Mower, Fillmore, and Houston.
Metropolitan Council. Region 11: Anoka, Hennepin, Ramsey, Washington, Carver, Scott, and
Dakota.
Minn. Stat. § 462.39, subds. The creation of a regional development commission does not affect the
4, 5.
rights of counties or cities to conduct their own planning activities. Instead,
Minn. Stat. § 462.391, subd. regional development commissions are designed to support planning for
1a.
cities. Cities may request that a regional commission review, comment, and
provide advisory recommendations on local plans or development proposals.

RELEVANT LINKS:
VII. Training and resources for planning

commission members
Planning commission members perform a vital role for their community.
Training materials and seminars can increase the effectiveness of city
planning commissioners and are essential for protecting the city’s legal
interests.
LMCIT Land Use Resources. The League of Minnesota Cities Insurance Trust has a Land Use Loss
Control Program to assist members through phone consultations and online
training. In addition, the Land Use Loss Control Program has extensive
written materials available at no cost to members.
Additional training and materials may also be obtained from private vendors
such as:
Government Training
Services.
• Government Training Services (GTS).
American Planning • The American Planning Association.
Association.


Planning Commission Guide

Uploaded by

Copyright:

Available Formats

Planning Commission Guide

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Planning Commission Guide

Uploaded by

Copyright:

Available Formats

INFORMATION MEMO

Planning Commission Guide

RELEVANT LINKS: I. Creation of a city planning commission

145 University Ave. West www.lmc.org 1/20/2015

A. Size or number of members

League of Minnesota Cities Information Memo: 1/20/2015

C. Organization and structure

D. Powers and duties

II. Appointment of city planning commission

League of Minnesota Cities Information Memo: 1/20/2015

B. Authority to appoint commissioners

D. Councilmembers and city staff serving on the

League of Minnesota Cities Information Memo: 1/20/2015

1. Full voting members

3. City staff on planning commission

League of Minnesota Cities Information Memo: 1/20/2015

G. Removal of planning commission members

III. Powers and duties of the planning

A. Preparing and recommending a comprehensive

1. Purpose of comprehensive planning

• Preserve important natural resources, agricultural, and other open lands.

League of Minnesota Cities Information Memo: 1/20/2015

2. Preparing the comprehensive plan

League of Minnesota Cities Information Memo: 1/20/2015

a. Consultants and public input

(1) Professional planners

See LMC information memo,

(2) Other consultants

League of Minnesota Cities Information Memo: 1/20/2015

c. President Theodore Roosevelt Memorial Bill to

Minn. Stat. § 462.357, subd.

3. Recommending the comprehensive plan to council

League of Minnesota Cities Information Memo: 1/20/2015

4. Adopting the comprehensive plan

b. Seven-county metro area plan review: Metropolitan

c. All cities: public hearing requirements

B. Implementing the plan

League of Minnesota Cities Information Memo: 1/20/2015

In submitting recommendations for effectuation of the comprehensive plan

C. Role in periodic review of the comprehensive

D. Role in amending the comprehensive plan

1. Procedure for amending a comprehensive plan

League of Minnesota Cities Information Memo: 1/20/2015

E. Role in purchase and sale of real property

• Any special district or agency in the city.

League of Minnesota Cities Information Memo: 1/20/2015

F. Role in capital improvements program

G. Role in zoning ordinance adoption and

League of Minnesota Cities Information Memo: 1/20/2015

2. Zoning ordinance amendment

League of Minnesota Cities Information Memo: 1/20/2015

3. Cities of the first class, additional duties for

H. Conditional use permits

I. Role in adoption of an official map

League of Minnesota Cities Information Memo: 1/20/2015

J. Board of zoning adjustment and appeals

League of Minnesota Cities Information Memo: 1/20/2015

K. Role in review of subdivision applications

League of Minnesota Cities Information Memo: 1/20/2015