2023 House Bill 5352

Aeronautics: other; zoning ordinances; make subject to the aeronautics code of the state of Michigan.

A bill to amend 2006 PA 110, entitled “Michigan zoning enabling act,” by amending section 205 (MCL 125.3205), as amended by 2018 PA 366.

AI Analysis – Experimental

The bill outlines that zoning ordinances must comply with several acts, including the Electric Transmission Line Certification Act, the Regional Transit Authority Act, the Small Wireless Communications Facilities Deployment Act, and the Aeronautics Code of Michigan. It restricts county or township authority over the regulation of oil or gas well operations and sets conditions under which natural resource extraction can be prohibited by local ordinances. The bill emphasizes that extraction should not be prevented unless it would result in very serious consequences, defining valuable natural resources as those that can be profitably extracted. It also specifies the burden of proof for challenges to zoning decisions related to natural resource extraction and lists factors to consider in determining whether extraction would have very serious consequences. Additionally, the bill allows for reasonable local regulation of mining operations regarding operational hours, noise, and traffic, provided these do not conflict with state law.

Introduced in the House

Nov. 14, 2023

Introduced by Rep. Samantha Steckloff (D-19)

Referred to the Committee on Transportation, Mobility and Infrastructure