Minn. R. agency 156, ch. 5800, pt. 5800.0130

Current through Register Vol. 49, No. 25, December 16, 2024

Part 5800.0130 - COUNCIL DETERMINATION

Subpart 1.Consideration of findings of fact, conclusions, and recommendations.

The council will consider the committee report and all information submitted before the close of the record of the public hearing in making a final determination on the proposed project. The council may hold additional meetings to consider the proposed project or direct the significance review committee to conduct further specific significance review activity.

Subp. 2.Metropolitan Council final determination.

The council, after review and consideration of the metropolitan significance review committee's report, must adopt a final determination including findings of fact, conclusions, and recommendations with regard to the metropolitan significance of the proposed project. The council must find that the proposed project is or is not of metropolitan significance, based on the conclusion that it does or does not cause one or more of the effects contained in the appropriate subpart in part 5800.0040. The council may also comment on the consistency of the proposed project with other council plans and policies. Lack of consistency with council plans and policies other than those listed in part 5800.0040 will not constitute a basis for a determination of metropolitan significance.

Subp. 3.Proposed projects of metropolitan significance.

Upon a determination of metropolitan significance, the final determination also must indicate:

A. whether an amendment to a regional policy plan would eliminate the determination of metropolitan significance and further, whether the council intends to initiate an amendment to the affected policy plan to achieve consistency between its plan and the proposed project; or

B. whether the proposed project should be suspended for up to one year from the date of final determination. If the council orders a suspension, the order may contain conditions or modifications to the proposed project which, if complied with, would cause the council to eliminate the suspension; or

C. without ordering a suspension, how the proposed project could be modified to eliminate the determination of metropolitan significance.

Subp. 4.Notice to parties.

Copies of the council determination will be served on all parties within seven days following its adoption.

Subp. 5.Elimination of suspension.

The sponsor of any proposed project suspended by the council with conditions or modifications may request removal of the suspension based on meeting the conditions of the suspension. Upon receipt of a request for removal of the suspension, the council will hold a public hearing to consider the request. Parties to the significance review will be notified at least 15 days before the public hearing on the removal and given an opportunity to speak at the hearing concerning compliance with the conditions of suspension.

Minn. R. agency 156, ch. 5800, pt. 5800.0130

13 SR 2366

Statutory Authority: MS s 473.173