Senate Bill 431 Summary

• Amends the Michigan Zoning Enabling Act to establish conditions under which local governments cannot prohibit natural resource extraction by mining, requiring the natural resources be valuable and that very serious consequences would not result from extraction.

• Requires applicants seeking mining permits to submit detailed extraction plans including site plans with 50-foot setbacks from public roads/property lines and 200-300 foot setbacks for screening equipment, financial assurance of $1,500 per disturbed acre, and reclamation plans.

• Establishes automatic approval of complete mining applications if local government does not make a final decision within 180 days of receipt, with burden of proof shifting to parties opposing mining once applicant makes prima facie case.

• Allows local governments to regulate hours of operation, noise (not exceeding 75 dB(A) for residential zones), dust control, blasting vibration limits, and truck loading (permitted 5 a.m. to 7 p.m. Monday-Saturday), but only within specified standards.

• Exempts ferrous mineral operations under separate state regulation and nonferrous metallic mining governed by Part 632 of the Natural Resources and Environmental Protection Act; permits remain valid until mining and reclamation are completed.