HOUSE BILL NO. 5856
June 26, 2024, Introduced by Rep. Cavitt and referred to the Committee on Energy,
Communications, and Technology.
A bill to amend 2006 PA 110, entitled
"Michigan zoning enabling act,"
by amending section 205 (MCL 125.3205), as amended by 2023 PA 234.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 205. (1) A zoning ordinance is subject to all of the
2 following:
3 (a) The electric transmission line certification act, 1995 PA
4 30, MCL 460.561 to 460.575.
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1 (b) The regional transit authority act, 2012 PA 387, MCL
2 124.541 to 124.558.
3 (c) The small wireless communications facilities deployment
4 act, 2018 PA 365, MCL 460.1301 to 460.1339.
5 (d) Part 8 of the clean and renewable energy and energy waste
6 reduction act, 2008 PA 295, MCL 460.1221 to 460.1232.
7 (2) A county or township shall not regulate or control the
8 drilling, completion, or operation of oil or gas wells or other
9 wells drilled for oil or gas exploration purposes and does not have
10 jurisdiction with reference to the issuance of permits for the
11 location, drilling, completion, operation, or abandonment of such
12 wells.
13 (3) An ordinance shall not prevent the extraction, by mining,
14 of valuable natural resources from any property unless very serious
15 consequences would result from the extraction of those natural
16 resources. Natural resources shall be considered valuable for the
17 purposes of this section if a person, by extracting the natural
18 resources, can receive revenue and reasonably expect to operate at
19 a profit.
20 (4) A person challenging a zoning decision under subsection
21 (3) has the initial burden of showing that there are valuable
22 natural resources located on the relevant property, that there is a
23 need for the natural resources by the person or in the market
24 served by the person, and that no very serious consequences would
25 result from the extraction, by mining, of the natural resources.
26 (5) In determining under this section whether very serious
27 consequences would result from the extraction, by mining, of
28 natural resources, the standards set forth in Silva v Ada Township,
29 416 Mich 153 (1982), shall be applied and all of the following
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1 factors may be considered, if applicable:
2 (a) The relationship of extraction and associated activities
3 with existing land uses.
4 (b) The impact on existing land uses in the vicinity of the
5 property.
6 (c) The impact on property values in the vicinity of the
7 property and along the proposed hauling route serving the property,
8 based on credible evidence.
9 (d) The impact on pedestrian and traffic safety in the
10 vicinity of the property and along the proposed hauling route
11 serving the property.
12 (e) The impact on other identifiable health, safety, and
13 welfare interests in the local unit of government.
14 (f) The overall public interest in the extraction of the
15 specific natural resources on the property.
16 (6) Subsections (3) to (5) do not limit a local unit of
17 government's reasonable regulation of hours of operation, blasting
18 hours, noise levels, dust control measures, and traffic, not
19 preempted by part 632 of the natural resources and environmental
20 protection act, 1994 PA 451, MCL 324.63201 to 324.63223. However,
21 such regulation shall be reasonable in accommodating customary
22 mining operations.
23 (7) A renewable energy project that received special land use
24 approval under section 502 on or after January 1, 2021 is
25 considered to be a prior nonconforming use and the special land use
26 approval shall not be revoked or modified if substantial
27 construction has occurred or if an expenditure equal to 10% of the
28 project construction costs or $10,000.00, whichever is less, has
29 been made.
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1 (7) (8) This act does not limit state regulatory authority
2 under other statutes or rules.
3 Enacting section 1. This amendatory act does not take effect
4 unless Senate Bill No.____ or House Bill No. 5855 (request no.
5 05494'24) of the 102nd Legislature is enacted into law.
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Statutes affected:
House Introduced Bill: 125.3205