SB-0912, As Passed Senate, November 27, 2012

SENATE BILL No. 912

January 26, 2012, Introduced by Senators JOHNSON and KOWALL and referred to the Committee on Transportation.

(As amended November 27, 2012)

     A bill to amend 2006 PA 110, entitled

"Michigan zoning enabling act,"

by amending section 205 (MCL 125.3205), as amended by 2011 PA 113.

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.

     (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.

     (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.

     Enacting section 1. This amendatory act does not take effect

unless Senate Bill No. 911                                       

          of the 96th Legislature is enacted into law.