November 6, 2014, Introduced by Reps. Driskell, Faris, Irwin, Barnett, Dianda and Hovey-Wright and referred to the Committee on Natural Resources.
A bill to amend 2006 PA 110, entitled
"Michigan zoning enabling act,"
by amending section 205 (MCL 125.3205), as amended by 2012 PA 389.
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, 2012 PA 387, MCL
124.541 to 124.558.
(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 does
not have jurisdiction with reference to the issuance of permits for
the location, drilling, completion, operation, or abandonment of
such
those wells.
(3) An ordinance may prohibit the extraction, by mining, of
sand or gravel from 1 or more properties if the local unit of
government either has designated and planned for other areas within
its jurisdiction where extracting the natural resource is feasible
and reasonable or has determined that it is not feasible and
reasonable to extract the natural resource anywhere in its
jurisdiction. An ordinance under this subsection shall be based on
the local unit of government's reasonable assessment, pursuant to
section 203, of all of the following:
(a) The presence and quality of the natural resource within
its jurisdiction.
(b) Market demand for the natural resource.
(c) Current and planned-for natural and man-made conditions
within the jurisdiction.
(4) Except as provided in subsection (3), an ordinance shall
not
prevent prohibit 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.
(5) (4)
A person challenging a zoning
decision under
subsection
(3) (4) 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.
(6) (5)
In determining under this
section subsections (4) and
(5) 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.
(7) (6)
Subsections (3) to (5) (6) do
not limit a local unit
of government's reasonable regulation of mining operations,
including, but not limited to, 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 the
regulation shall be reasonable in accommodating customary mining
operations.
(8) (7)
This act does not limit state
regulatory authority
under other statutes or rules.