Bill Text: MI HB4904 | 2013-2014 | 97th Legislature | Introduced

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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

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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.