SB 1051

SENATE BILL NO. 1051
A bill to amend 2006 PA 110, entitled
"Michigan zoning enabling act,"
by amending section 205 (MCL 125.3205), as amended by
2023 PA 234.
the people of the state of michigan enact:
Sec. 205. (1) 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 8 of the
clean and renewable energy and energy waste reduction act, 2008 PA 295, MCL
460.1221 to 460.1232.
(e) The data center community benefit act.
(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 does not have jurisdiction with reference to the issuance of permits for
the location, drilling, completion, operation, or abandonment of such wells.
(3) An ordinance
shall not prevent the extraction, by mining, of valuable natural resources from
any property unless very serious consequences would result from the extraction
of those natural resources. Natural resources shall
be are 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.
(4) A person
challenging a zoning decision under subsection (3) has the initial burden of
showing that there are valuable natural resources 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 very serious consequences would
result from the extraction, by mining, of the natural resources.
(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 must 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.
(6) Subsections (3)
to (5) do not limit a local unit of government's reasonable regulation of hours
of operation, blasting hours, noise levels, dust control measures, and 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 the regulation
shall must be
reasonable in accommodating customary mining operations.
(7) A renewable
energy project that received special land use approval under section 502 on or
after January 1, 2021 is considered to be a prior nonconforming use and the
special land use approval shall must not be revoked or modified if substantial
construction has occurred or if an expenditure equal to 10% of the project
construction costs or $10,000.00, whichever is less, has been made.
(8) This act does
not limit state regulatory authority under other statutes or rules.
Enacting section 1. This amendatory act does not take
effect unless Senate Bill No. 1050 of the 103rd Legislature is enacted into
law.