SB-0912, As Passed Senate, November 27, 2012

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 912

 

 

January 26, 2012, Introduced by Senators JOHNSON and KOWALL and referred to the Committee on Transportation.

 

 

(As amended November 27, 2012)

 

     A bill to amend 2006 PA 110, entitled

 

"Michigan zoning enabling act,"

 

by amending section 205 (MCL 125.3205), as amended by 2011 PA 113.

 

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.

 

     (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 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 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 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 regulation shall be reasonable in accommodating customary

 

mining operations.

 

     (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 Senate Bill No. 911                                       

 

          of the 96th Legislature is enacted into law.