January 26, 2012, Introduced by Reps. Townsend and Olson and referred to the Committee on Transportation.


     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.




     Sec. 205. (1) A zoning ordinance is subject to all of the




     (a) The electric transmission line certification act, 1995 PA


30, MCL 460.561 to 460.575.


     (b) The southeast Michigan 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




     (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




     (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.____ or House Bill No.____ (request no.


04416'11) of the 96th Legislature is enacted into law.