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 several key provisions aimed at regulating zoning ordinances in relation to various acts and activities. It stipulates that zoning ordinances must comply with the Electric Transmission Line Certification Act, the Regional Transit Authority Act, and the Small Wireless Communications Facilities Deployment Act. Additionally, the bill restricts counties and townships from regulating or controlling the drilling, completion, or operation of oil or gas wells, as well as the issuance of permits for these activities.
The legislation also addresses the extraction of valuable natural resources, stating that ordinances cannot prevent such extraction unless it would result in very serious consequences. The bill defines valuable natural resources as those that can generate revenue and be profitably extracted. It places the initial burden of proof on individuals challenging zoning decisions to demonstrate the presence of valuable resources, the need for these resources, and the absence of very serious consequences from their extraction. The bill references the standards set forth in the Silva v Ada Township case and lists factors to be considered in determining the impact of resource extraction, including the relationship with existing land uses, impact on property values, pedestrian and traffic safety, and other health, safety, and welfare interests.
Furthermore, the bill allows local governments to reasonably regulate aspects such as hours of operation, noise levels, dust control, and traffic related to mining operations, provided these regulations do not conflict with the Natural Resources and Environmental Protection Act. The act maintains that state regulatory authority under other statutes or rules remains unaffected.
The enactment of this bill is contingent upon the passage of either Senate Bill No.____ or House Bill No. 5857 of the 102nd Legislature. The bill does not specify any funding allocations or financial figures, focusing instead on regulatory changes and their implications for local governance and resource management. The proposed amendments aim to balance the interests of natural resource extraction with the need to protect local communities from potential adverse impacts.
Co-sponsored by Reps.
Referred to the Committee on Energy, Communications, and Technology
