MI SB1210

Local units of government cannot prevent or deny permits for extraction of natural resources by mining if the resources are valuable and very serious consequences would not result from extraction.

Natural resources are considered valuable if a person can receive revenue and reasonably expect to operate at a profit from extraction.

Applicants must submit a comprehensive extraction plan including site plans with setbacks (50 feet minimum for mining area, 200-300 feet for processing equipment), financial assurance of $1,500 per disturbed acre, and reclamation plans with specific slope requirements.

Local governments retain authority to regulate hours of operation, blasting, noise (capped at 75 dB(A) for residential, 85 dB(A) for commercial, 90 dB(A) for industrial), dust, and traffic under specified standards.

Once an applicant establishes a prima facie case meeting subsection (4) or (5) requirements, the burden of proof shifts to parties challenging the mining activity in administrative or judicial proceedings.