| 1 | 1 | | HOUSE BILL NO. 4527 A bill to amend 2006 PA 110, entitled "Michigan zoning enabling act," by amending section 205 (MCL 125.3205), as amended by 2018 PA 366. the people of the state of michigan enact: Sec. 205. (1) As used in this section, "natural resources" does not include sand or gravel. (2) A zoning ordinance is subject to all of the following: (a) The electric transmission line certification act, 1995 PA 30, MCL 460.561 to 460.575. (b) The regional transit authority act, 2012 PA 387, MCL 124.541 to 124.558. (c) The small wireless communications facilities deployment act, 2018 PA 365, MCL 460.1301 to 460.1339. (d) Part 639 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.63901 to 324.63923. (3) (2) A county or township shall not regulate or control the drilling, completion, or operation of oil or gas wells or other wells drilled for oil or gas exploration purposes and shall does not have jurisdiction with reference to the issuance of permits for the location, drilling, completion, operation, or abandonment of such wells. (4) (3) An ordinance shall not may prevent the extraction, by mining, of valuable natural resources from any property unless only if very serious consequences would result from the extraction of those natural resources. Natural resources shall be considered valuable for the purposes of this section if a person, by extracting the natural resources, can receive revenue and reasonably expect to operate at a profit. (5) (4) A person challenging a zoning decision under subsection (3) (4) has the initial burden of showing that there are valuable both of the following: (a) Valuable natural resources are located on the relevant property. , that there is a need for the natural resources by the person or in the market served by the person, and that no Natural resources shall be considered valuable for the purposes of this subdivision if a person, by extracting the natural resources, expects to operate at a profit. (b) No very serious consequences would will result from the extraction, by mining, of the natural resources. (6) (5) In determining under this section whether very serious consequences would result from the extraction, by mining, of natural resources, the standards set forth in Silva v Ada Township, 416 Mich 153 (1982), shall be applied and all of the following factors may be considered, if applicable: (a) The relationship of extraction and associated activities with existing land uses. (b) The impact on existing land uses in the vicinity of the property. (c) The impact on property values in the vicinity of the property and along the proposed hauling route serving the property, based on credible evidence. (d) The impact on pedestrian and traffic safety in the vicinity of the property and along the proposed hauling route serving the property. (e) The impact on other identifiable health, safety, and welfare interests in the local unit of government. (f) The overall public interest in the extraction of the specific natural resources on the property. (7) (6) Subsections (3) to (5) (4) to (6) do not limit a local unit of government's reasonable regulation of hours of operation, blasting hours, noise levels, dust, control measures, and or traffic, not preempted by part 632 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.63201 to 324.63223. However, such regulation shall be reasonable in accommodating customary mining operations. (8) (7) This act does not limit state regulatory authority under other statutes or rules. Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 102nd Legislature are enacted into law: (a) Senate Bill No.____ or House Bill No 4528 (request no. 01555'23 **). (b) Senate Bill No.____ or House Bill No. 4526 (request no. 01555'23 a **). |
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| 23 | 23 | | HOUSE BILL NO. 4527 |
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| 25 | 25 | | |
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| 26 | 26 | | |
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| 27 | 27 | | A bill to amend 2006 PA 110, entitled |
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| 28 | 28 | | |
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| 29 | 29 | | "Michigan zoning enabling act," |
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| 30 | 30 | | |
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| 31 | 31 | | by amending section 205 (MCL 125.3205), as amended by 2018 PA 366. |
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| 32 | 32 | | |
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| 33 | 33 | | the people of the state of michigan enact: |
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| 34 | 34 | | |
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| 35 | 35 | | Sec. 205. (1) As used in this section, "natural resources" does not include sand or gravel. |
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| 36 | 36 | | |
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| 37 | 37 | | (2) A zoning ordinance is subject to all of the following: |
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| 38 | 38 | | |
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| 39 | 39 | | (a) The electric transmission line certification act, 1995 PA 30, MCL 460.561 to 460.575. |
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| 40 | 40 | | |
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| 41 | 41 | | (b) The regional transit authority act, 2012 PA 387, MCL 124.541 to 124.558. |
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| 42 | 42 | | |
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| 43 | 43 | | (c) The small wireless communications facilities deployment act, 2018 PA 365, MCL 460.1301 to 460.1339. |
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| 44 | 44 | | |
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| 45 | 45 | | (d) Part 639 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.63901 to 324.63923. |
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| 46 | 46 | | |
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| 47 | 47 | | (3) (2) A county or township shall not regulate or control the drilling, completion, or operation of oil or gas wells or other wells drilled for oil or gas exploration purposes and shall does not have jurisdiction with reference to the issuance of permits for the location, drilling, completion, operation, or abandonment of such wells. |
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| 48 | 48 | | |
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| 49 | 49 | | (4) (3) An ordinance shall not may prevent the extraction, by mining, of valuable natural resources from any property unless only if very serious consequences would result from the extraction of those natural resources. Natural resources shall be considered valuable for the purposes of this section if a person, by extracting the natural resources, can receive revenue and reasonably expect to operate at a profit. |
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| 50 | 50 | | |
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| 51 | 51 | | (5) (4) A person challenging a zoning decision under subsection (3) (4) has the initial burden of showing that there are valuable both of the following: |
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| 52 | 52 | | |
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| 53 | 53 | | (a) Valuable natural resources are located on the relevant property. , that there is a need for the natural resources by the person or in the market served by the person, and that no Natural resources shall be considered valuable for the purposes of this subdivision if a person, by extracting the natural resources, expects to operate at a profit. |
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| 54 | 54 | | |
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| 55 | 55 | | (b) No very serious consequences would will result from the extraction, by mining, of the natural resources. |
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| 56 | 56 | | |
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| 57 | 57 | | (6) (5) In determining under this section whether very serious consequences would result from the extraction, by mining, of natural resources, the standards set forth in Silva v Ada Township, 416 Mich 153 (1982), shall be applied and all of the following factors may be considered, if applicable: |
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| 58 | 58 | | |
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| 59 | 59 | | (a) The relationship of extraction and associated activities with existing land uses. |
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| 60 | 60 | | |
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| 61 | 61 | | (b) The impact on existing land uses in the vicinity of the property. |
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| 62 | 62 | | |
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| 63 | 63 | | (c) The impact on property values in the vicinity of the property and along the proposed hauling route serving the property, based on credible evidence. |
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| 64 | 64 | | |
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| 65 | 65 | | (d) The impact on pedestrian and traffic safety in the vicinity of the property and along the proposed hauling route serving the property. |
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| 66 | 66 | | |
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| 67 | 67 | | (e) The impact on other identifiable health, safety, and welfare interests in the local unit of government. |
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| 68 | 68 | | |
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| 69 | 69 | | (f) The overall public interest in the extraction of the specific natural resources on the property. |
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| 70 | 70 | | |
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| 71 | 71 | | (7) (6) Subsections (3) to (5) (4) to (6) do not limit a local unit of government's reasonable regulation of hours of operation, blasting hours, noise levels, dust, control measures, and or traffic, not preempted by part 632 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.63201 to 324.63223. However, such regulation shall be reasonable in accommodating customary mining operations. |
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| 72 | 72 | | |
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| 73 | 73 | | (8) (7) This act does not limit state regulatory authority under other statutes or rules. |
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| 74 | 74 | | |
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| 75 | 75 | | Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 102nd Legislature are enacted into law: |
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| 76 | 76 | | |
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| 77 | 77 | | (a) Senate Bill No.____ or House Bill No 4528 (request no. 01555'23 **). |
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| 78 | 78 | | |
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| 79 | 79 | | (b) Senate Bill No.____ or House Bill No. 4526 (request no. 01555'23 a **). |
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