Bill Text: MI SB1188 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Natural resources; other; local regulation of removal of trees or other vegetation; preempt in certain zoning classifications. Creates new act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-11-29 - Referred To Committee On Local Government [SB1188 Detail]
Download: Michigan-2017-SB1188-Introduced.html
SENATE BILL No. 1188
November 8, 2018, Introduced by Senator CASPERSON and referred to the Committee on Natural Resources.
A bill to prohibit local units of government from adopting or
enforcing certain ordinances or charter provisions, including those
prohibiting or restricting removal of trees or other vegetation;
and to provide the powers and duties of certain local officials.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"vegetation removal preemption act".
Sec. 3. As used in this act:
(a) "Enforce an ordinance, charter provision, or regulation"
means to prosecute, sue, ticket, or fine a person for a violation
of, or otherwise subject a person to, an ordinance, charter
provision, or regulation.
(b) "Heritage tree" means a tree that meets the following
requirements:
(i) Is not diseased, dying, or otherwise a threat to
structures or human safety.
(ii) Is one of the following trees of at least the following
diameter in inches, measured at 4.5 feet above the highest ground
at the base of the tree:
(A) Basswood (Tilia L.), 36.
(B) Beech (Fagus L.), 30.
(C) Birch (Betula L.), 30.
(D) Cherry species, 30.
(E) Chestnut (Castanea Mill.), 16.
(F) Eastern hemlock (Tsuga canadensis (L.) Carrière), 20.
(G) Eastern red cedar (Juniperus virginiane L.), 20.
(H) Kentucky coffeetree (Gymnocladus dioicus (L.) K. Koch),
30.
(I) Hickory (Carya Nutt.), 30.
(J) Locust (Robinia L.), 36.
(K) Maple (Acer L.), except boxelder (Acer negundo L.) and
silver maple (Acer saccharinum L.), 30.
(L) Oak (Quercus L.), 36.
(M) Sassafras (Sassafras albidum (Nutt.) Nees), 20.
(N) Sycamore (Platanus L.), 30.
(O) Tamarack (Larix laricina (Du Roi) K. Koch), 20.
(P) Walnut (Juglans L.), 30.
(Q) White pine (Pinus strobus L.), 24.
(c) "Local unit of government" means a city, village,
township, or charter township.
Sec. 5. (1) A local unit of government shall not adopt,
maintain, or, for violations occurring on or after July 1, 2017,
enforce an ordinance, charter provision, or regulation that does
any of the following, and an ordinance, charter provision, or
regulation that does any of the following is void:
(a) Prohibits, requires approval for, or otherwise restricts
the trimming, felling, or removal of any vegetation, other than a
heritage tree, located on private property with an agricultural,
business, commercial, or industrial zoning classification.
(b) Requires mitigation, including, but not limited to, the
planting of trees or other vegetation or the payment of a fee or
fine, for the trimming, felling, or removal of any vegetation,
other than a heritage tree, from private property with an
agricultural, business, commercial, or industrial zoning
classification.
(2) Subsection (1) does not require a local unit of government
to refund any fee, fine, or costs received by the local unit of
government before the enactment date of this act as a result of the
enforcement of an ordinance or charter provision described in
subsection (1).
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.
