Bill Text: MI HB4904 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Natural resources; gas and oil; county and township zoning regulation of certain hydraulic fracturing; eliminate preemption of. Amends secs. 102 & 205 of 2006 PA 110 (MCL 125.3102 & 125.3205).
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Introduced - Dead) 2013-08-02 - Printed Bill Filed 07/19/2013 [HB4904 Detail]
Download: Michigan-2013-HB4904-Introduced.html
HOUSE BILL No. 4904
July 18, 2013, Introduced by Reps. Driskell, Geiss, Barnett, Hovey-Wright, Tlaib, Slavens, Lipton, Irwin, Roberts, Townsend, Schor, Singh and Darany and referred to the Committee on Energy and Technology.
A bill to amend 2006 PA 110, entitled
"Michigan zoning enabling act,"
by amending sections 102 and 205 (MCL 125.3102 and 125.3205),
section 102 as amended by 2008 PA 12 and section 205 as amended by
2012 PA 389.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 102. As used in this act:
(a) "Agricultural land" means substantially undeveloped land
devoted to the production of plants and animals useful to humans,
including, but not limited to, forage and sod crops, grains, feed
crops, field crops, dairy products, poultry and poultry products,
livestock, herbs, flowers, seeds, grasses, nursery stock, fruits,
vegetables, Christmas trees, and other similar uses and activities.
(b) "Airport" means an airport licensed by the Michigan
department of transportation, bureau of aeronautics under section
86 of the aeronautics code of the state of Michigan, 1945 PA 327,
MCL 259.86.
(c) "Airport approach plan" and "airport layout plan" mean a
plan, or an amendment to a plan, filed with the zoning commission
under section 151 of the aeronautics code of the state of Michigan,
1945 PA 327, MCL 259.151.
(d) "Airport manager" means that term as defined in section 2
of the aeronautics code of the state of Michigan, 1945 PA 327, MCL
259.2.
(e) "Airport zoning regulations" means airport zoning
regulations under the airport zoning act, 1950 (Ex Sess) PA 23, MCL
259.431 to 259.465, for an airport hazard area that lies in whole
or part in the area affected by a zoning ordinance under this act.
(f) "Conservation easement" means that term as defined in
section 2140 of the natural resources and environmental protection
act, 1994 PA 451, MCL 324.2140.
(g) "Coordinating zoning committee" means a coordinating
zoning committee as described under section 307.
(h) "Development rights" means the rights to develop land to
the maximum intensity of development authorized by law.
(i) "Development rights ordinance" means an ordinance, which
may comprise part of a zoning ordinance, adopted under section 507.
(j) "Family child care home" and "group child care home" mean
those terms as defined in section 1 of 1973 PA 116, MCL 722.111,
and only apply to the bona fide private residence of the operator
of the family or group child care home.
(k) "Greenway" means a contiguous or linear open space,
including habitats, wildlife corridors, and trails, that links
parks, nature reserves, cultural features, or historic sites with
each other, for recreation and conservation purposes.
(l) "Hydraulic fracturing" means injecting foam or fluid in a
well under pressure to create fractures in a formation and thereby
enhance production of hydrocarbons.
(m) (l) "Improvements"
means those features and actions
associated with a project that are considered necessary by the body
or official granting zoning approval to protect natural resources
or the health, safety, and welfare of the residents of a local unit
of government and future users or inhabitants of the proposed
project or project area, including roadways, lighting, utilities,
sidewalks, screening, and drainage. Improvements do not include the
entire project that is the subject of zoning approval.
(n) (m)
"Intensity of
development" means the height, bulk,
area, density, setback, use, and other similar characteristics of
development.
(o) (n)
"Legislative body" means
the county board of
commissioners of a county, the board of trustees of a township, or
the council or other similar elected governing body of a city or
village.
(p) (o)
"Local unit of
government" means a county, township,
city, or village.
(q) (p)
"Other eligible land"
means land that has a common
property line with agricultural land from which development rights
have been purchased and is not divided from that agricultural land
by a state or federal limited access highway.
(r) (q)
"Person" means an
individual, partnership,
corporation, association, governmental entity, or other legal
entity.
(s) (r)
"Population" means the
population according to the
most recent federal decennial census or according to a special
census conducted under section 7 of the Glenn Steil state revenue
sharing act of 1971, 1971 PA 140, MCL 141.907, whichever is the
more recent.
(t) (s)
"Site plan" includes the
documents and drawings
required by the zoning ordinance to ensure that a proposed land use
or activity is in compliance with local ordinances and state and
federal statutes.
(u) (t)
"State licensed residential
facility" means a
structure constructed for residential purposes that is licensed by
the state under the adult foster care facility licensing act, 1979
PA 218, MCL 400.701 to 400.737, or 1973 PA 116, MCL 722.111 to
722.128, and provides residential services for 6 or fewer
individuals under 24-hour supervision or care.
(v) (u)
"Undeveloped state" means
a natural state preserving
natural resources, natural features, scenic or wooded conditions,
agricultural use, open space, or a similar use or condition. Land
in an undeveloped state does not include a golf course but may
include a recreational trail, picnic area, children's play area,
greenway, or linear park. Land in an undeveloped state may be, but
is not required to be, dedicated to the use of the public.
(w) (v)
"Zoning commission" means
a zoning commission as
described under section 301.
(x) (w)
"Zoning jurisdiction"
means the area encompassed by
the legal boundaries of a city or village or the area encompassed
by the legal boundaries of a county or township outside the limits
of incorporated cities and villages. The zoning jurisdiction of a
county does not include the areas subject to a township zoning
ordinance.
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.
(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. This subsection does not limit the authority of a county or
township to regulate or control hydraulic fracturing operations.
(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.