Michigan House Bill HB5858

Michigan 2023-2024 Regular Session

• Introduced: 6/26/24
• Refer: 6/26/24

Caption

Land use: zoning and growth management; provision subjecting zoning authority to part 8 of clean and renewable energy and energy waste reduction act; delete. Amends sec. 205 of 2006 PA 110 (MCL 125.3205).

Impact

If enacted, HB 5858 would significantly alter local government powers, particularly in zoning and land use decisions related to mining. It stipulates that local ordinances cannot prevent the extraction of valuable natural resources unless a challenge presents clear and compelling evidence of adverse effects. This could potentially encourage more resource extraction activities within Michigan, as local governments would face limitations in regulating these matters.

Summary

House Bill 5858 aims to amend the Michigan Zoning Enabling Act by redefining zoning ordinances in relation to the extraction of natural resources. This bill emphasizes that counties and townships have no jurisdiction over the drilling, completion, or operation of oil and gas wells. Essentially, it seeks to prevent local regulations from hindering the extraction of these resources unless there are very serious consequences involved, thus centralizing authority with state-level regulations.

Contention

The bill has sparked debate regarding the balance of power between state and local authorities. Proponents argue that the bill facilitates economic growth by simplifying the extraction process and reducing bureaucratic hurdles. However, opponents express concern that it undermines local control and disregards community-specific needs, particularly in regard to environmental impacts and land use decisions. The debate centers on whether economic benefits outweigh the potential negative consequences for local communities.