Bill Text: MI HB5121 | 2023-2024 | 102nd Legislature | Chaptered
Bill Title: Land use: zoning and growth management; large scale solar, wind, and energy storage facilities; make zoning enabling act subject to. Amends sec. 205 of 2006 PA 110 (MCL 125.3205). TIE BAR WITH: HB 5120'23
Spectrum: Partisan Bill (Democrat 17-0)
Status: (Passed) 2023-12-31 - Assigned Pa 234'23 [HB5121 Detail]
Download: Michigan-2023-HB5121-Chaptered.html
Act No. 234
Public Acts of 2023
Approved by the Governor
November 28, 2023
Filed with the Secretary of State
November 29, 2023
EFFECTIVE DATE: February 13, 2024
state of michigan
102nd Legislature
Regular session of 2023
Introduced by Reps. Puri, Aiyash, Brenda Carter, Hope, Pohutsky, Rheingans, O’Neal, Byrnes, Stone, MacDonell, Tsernoglou, Morse, Breen, Martus, Andrews, Steckloff and Wilson
ENROLLED HOUSE BILL No. 5121
AN ACT to amend 2006 PA 110, entitled “An act to codify the laws regarding local units of government regulating the development and use of land; to provide for the adoption of zoning ordinances; to provide for the establishment in counties, townships, cities, and villages of zoning districts; to prescribe the powers and duties of certain officials; to provide for the assessment and collection of fees; to authorize the issuance of bonds and notes; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 205 (MCL 125.3205), as amended by 2018 PA 366.
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 small wireless communications facilities deployment act, 2018 PA 365, MCL 460.1301 to 460.1339.
(d) Part 8 of the clean and renewable energy and energy waste reduction act, 2008 PA 295, MCL 460.1221 to 460.1232.
(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 does 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.
(8) This act does not limit state regulatory authority under other statutes or rules.
Enacting section 1. This amendatory act does not take effect unless House Bill No. 5120 of the 102nd Legislature is enacted into law.
Clerk of the House of Representatives
Secretary of the Senate
Approved___________________________________________
____________________________________________________
Governor
