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MI HB5898

Bill

Status

Introduced

11/6/2014

Primary Sponsor

Gretchen Driskell

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Origin

House of Representatives

97th Legislature

AI Summary

  • Amends Section 205 of the Michigan Zoning Enabling Act regarding local regulation of natural resource extraction, specifically sand and gravel mining.

  • Allows local governments to prohibit sand or gravel mining only if they have designated alternative areas where extraction is feasible and reasonable, or determined extraction is infeasible anywhere in their jurisdiction.

  • Requires any prohibition on mining to be based on assessment of resource presence and quality, market demand, and current and planned conditions within the jurisdiction.

  • Prohibits ordinances from preventing extraction of valuable natural resources unless very serious consequences would result, applying standards from Silva v Ada Township (1982) and considering factors including impacts on land uses, property values, traffic safety, and public health and welfare.

  • Preserves local government authority to reasonably regulate mining operations including hours, blasting, noise, dust control, and traffic, provided regulations accommodate customary mining operations and comply with state environmental protection rules.

Legislative Description

Land use; zoning and growth management; zoning ordinance prohibiting sand or gravel mining; modify specific statutory standards. Amends sec. 205 of 2006 PA 110 (MCL 125.3205).

Land use, zoning and growth management

Last Action

Printed Bill Filed 11/07/2014

11/12/2014

Committee Referrals

Natural Resources11/6/2014

Full Bill Text

No bill text available