Michigan House Bill HB4527

Michigan 2023-2024 Regular Session

• Introduced: 5/4/23
• Refer: 5/4/23

Caption

Land use: zoning and growth management; mining; modify conditions under which zoning ordinance may prohibit. Amends sec. 205 of 2006 PA 110 (MCL 125.3205). TIE BAR WITH: HB 4528'23, HB 4526'23

Impact

This legislative change is expected to have a significant impact on how mining activities are managed in Michigan. By restricting local control over mining operations, the bill aims to facilitate the extraction of valuable natural resources, provided that only minimal serious consequences arise from such activities. This legislation might encourage increased investment and operational efficiency in the energy and resource sectors but raises concerns regarding environmental protections and community safety.

Summary

House Bill 4527 aims to amend the Michigan Zoning Enabling Act, specifically focusing on the regulation of mining activities related to natural resources. The bill establishes that 'natural resources' do not include sand or gravel and limits the ability of counties and townships to impose regulations on the drilling, completion, or operation of oil or gas wells. This change signifies a shift in control from local jurisdictions to the state, affirming that local governments cannot issue permits or have jurisdiction over oil and gas operations within their territories.

Contention

While proponents of HB 4527 argue that it streamlines the approval process for mining activities and promotes economic growth, there are concerns about the potential trade-offs. Critics suggest that the bill may exacerbate environmental degradation and local safety issues by undermining municipal authority to regulate mining effectively. Furthermore, the stipulation that local governments must prove 'very serious consequences' occur before they can intervene in mining activities poses a challenge, as it shifts the burden of proof to those opposing extraction activities.