The bill amends the Michigan Zoning Enabling Act by updating Section 205 to clarify the regulations surrounding zoning ordinances. It specifies that zoning ordinances must comply with several existing acts, including the Electric Transmission Line Certification Act, the Regional Transit Authority Act, and the Small Wireless Communications Facilities Deployment Act. Notably, it removes references to the Clean and Renewable Energy and Energy Waste Reduction Act, indicating a shift in focus away from certain renewable energy projects. Additionally, the bill outlines the conditions under which local governments can regulate the extraction of natural resources, emphasizing that such regulations must be reasonable and not overly restrictive.
Furthermore, the bill establishes criteria for determining whether the extraction of natural resources would result in "very serious consequences," referencing the standards set in the case of Silva v. Ada Township. It allows for the consideration of various factors, such as the impact on existing land uses, property values, and public safety. The bill also clarifies that local governments retain the authority to regulate aspects of mining operations, such as hours of operation and noise levels, as long as these regulations are reasonable. Lastly, it includes a provision that the act will not take effect unless Senate Bill No. 322 is also enacted into law.
Statutes affected: Senate Introduced Bill: 125.3205