2023 House Bill 4528

Natural resources: mining; regulations for mining of sand and gravel operations; modify.

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 9115 (MCL 324.9115), as amended by 2017 PA 40, and by adding part 639.

House Fiscal Agency Analysis

House Bill 4528 would add Part 639 (Sand and Gravel Mining) to the Natural Resources and Environmental Protection Act (NREPA) to prohibit local regulation of sand and gravel mining and trucking and generally require such operations to have a permit from the Department of Environment, Great Lakes, and Energy (EGLE). The bill would prescribe requirements for mining permit applications, their approval or denial, and their amendment or transfer after approval. The bill also would prescribe fees, financial assurance requirements, and reporting requirements and provide sanctions, penalties, and remedies for violation of Part 639 or of a mining permit. House Bill 4526 would add felonies proposed by HB 4528 to the sentencing guidelines provisions of the Code of Criminal Procedure. House Bill 4527 would amend the Michigan Zoning Enabling Act to provide that local zoning ordinances are subject to Part 639 of NREPA and to exclude sand and gravel from provisions that govern zoning related to mines.