Bill Text: MI HB4863 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Land use; zoning and growth management; zoning enabling act; make subject to textile recycling bin act. Amends sec. 205 of 2006 PA 110 (MCL 125.3205). TIE BAR WITH: HB 4862'15
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2015-09-16 - Printed Bill Filed 09/11/2015 [HB4863 Detail]
Download: Michigan-2015-HB4863-Introduced.html
HOUSE BILL No. 4863
Introduced by Reps. Chatfield, Kelly and Moss.
A bill to amend 2006 PA 110, entitled
"Michigan zoning enabling act,"
by amending section 205 (MCL 125.3205), as amended by 2012 PA 389.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 205. (1) A zoning ordinance is subject to all of the
following:
(a) The electric transmission line certification act, 1995 PA
30, MCL 460.561 to 460.575.
(b) The regional transit authority act, 2012 PA 387, MCL
124.541 to 124.558.
(c) The textile recycling bin act.
(2) A county or township shall not regulate or control the
drilling, completion, or operation of oil or gas wells or other
wells drilled for oil or gas exploration purposes and shall not
have jurisdiction with reference to the issuance of permits for the
location, drilling, completion, operation, or abandonment of such
wells.
(3) An ordinance shall not prevent the extraction, by mining,
of valuable natural resources from any property unless very serious
consequences would result from the extraction of those natural
resources. Natural resources shall be considered valuable for the
purposes of this section if a person, by extracting the natural
resources, can receive revenue and reasonably expect to operate at
a profit.
(4) A person challenging a zoning decision under subsection
(3) has the initial burden of showing that there are valuable
natural resources located on the relevant property, that there is a
need for the natural resources by the person or in the market
served by the person, and that no very serious consequences would
result from the extraction, by mining, of the natural resources.
(5) In determining under this section whether very serious
consequences would result from the extraction, by mining, of
natural resources, the standards set forth in Silva v Ada Township,
416 Mich 153 (1982), shall be applied and all of the following
factors may be considered, if applicable:
(a) The relationship of extraction and associated activities
with existing land uses.
(b) The impact on existing land uses in the vicinity of the
property.
(c) The impact on property values in the vicinity of the
property and along the proposed hauling route serving the property,
based on credible evidence.
(d) The impact on pedestrian and traffic safety in the
vicinity of the property and along the proposed hauling route
serving the property.
(e) The impact on other identifiable health, safety, and
welfare interests in the local unit of government.
(f) The overall public interest in the extraction of the
specific natural resources on the property.
(6) Subsections (3) to (5) do not limit a local unit of
government's reasonable regulation of hours of operation, blasting
hours, noise levels, dust control measures, and traffic, not
preempted by part 632 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.63201 to 324.63223. However,
such regulation shall be reasonable in accommodating customary
mining operations.
(7) This act does not limit state regulatory authority under
other statutes or rules.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 4862 (request no.
03157'15) of the 98th Legislature is enacted into law.
