A bill to amend 2006 PA 110, entitled “Michigan zoning enabling act,” by amending section 205 (MCL 125.3205), as amended by 2023 PA 234.
The bill outlines that zoning ordinances must comply with several existing acts, including the Electric Transmission Line Certification Act (1995 PA 30), the Regional Transit Authority Act (2012 PA 387), and the Small Wireless Communications Facilities Deployment Act (2018 PA 365). It restricts counties and townships from regulating or controlling the drilling, completion, or operation of oil or gas wells, and from issuing permits related to these activities. Additionally, the bill stipulates that ordinances cannot prevent the extraction of valuable natural resources unless such extraction would result in very serious consequences. The bill defines valuable natural resources as those that can generate revenue and be profitably extracted.
Individuals challenging zoning decisions must demonstrate the presence of valuable natural resources, the need for these resources, and that their extraction would not lead to very serious consequences. The bill references the standards set forth in Silva v Ada Township (1982) for determining serious consequences and lists factors such as the relationship with existing land uses, impact on property values, pedestrian and traffic safety, and other health, safety, and welfare interests. Local governments retain the authority to reasonably regulate operational aspects like hours, noise, and traffic, provided these regulations accommodate customary mining operations and are not preempted by part 632 of the Natural Resources and Environmental Protection Act (1994 PA 451). The bill also clarifies that it does not limit state regulatory authority under other statutes or rules. The enactment of this bill is contingent upon the passage of Senate Bill No.____ or House Bill No. 5855 of the 102nd Legislature.
Introduced
by
Referred to the Committee on Energy, Communications, and Technology
