Bill Text: MI SB1188 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Natural resources; other; local regulation of removal of trees or other vegetation; preempt in certain zoning classifications. Creates new act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-11-29 - Referred To Committee On Local Government [SB1188 Detail]
Download: Michigan-2017-SB1188-Engrossed.html
SB-1188, As Passed Senate, November 29, 2018
SUBSTITUTE FOR
SENATE BILL NO. 1188
A bill to prohibit local units of government from adopting or
enforcing certain ordinances or charter provisions, including those
prohibiting or restricting removal of trees or other vegetation;
and to provide the powers and duties of certain local officials.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"vegetation removal preemption act".
Sec. 3. As used in this act:
(a) "Enforce an ordinance, charter provision, or regulation"
means to prosecute, sue, ticket, or fine a person for a violation
of, or otherwise subject a person to, an ordinance, charter
provision, or regulation.
(b) "Heritage tree" means a tree that meets the following
requirements:
(i) Is not diseased, dying, or otherwise a threat to
structures or human safety.
(ii) Is one of the following trees of at least the following
diameter in inches, measured at 4.5 feet above the highest ground
at the base of the tree:
(A) Basswood (Tilia L.), 36.
(B) Beech (Fagus L.), 30.
(C) Birch (Betula L.), 30.
(D) Cherry species, 30.
(E) Chestnut (Castanea Mill.), 16.
(F) Eastern hemlock (Tsuga canadensis (L.) Carrière), 20.
(G) Eastern red cedar (Juniperus virginiane L.), 20.
(H) Kentucky coffeetree (Gymnocladus dioicus (L.) K. Koch),
30.
(I) Hickory (Carya Nutt.), 30.
(J) Locust (Robinia L.), 36.
(K) Maple (Acer L.), except boxelder (Acer negundo L.) and
silver maple (Acer saccharinum L.), 30.
(L) Oak (Quercus L.), 36.
(M) Sassafras (Sassafras albidum (Nutt.) Nees), 20.
(N) Sycamore (Platanus L.), 30.
(O) Tamarack (Larix laricina (Du Roi) K. Koch), 20.
(P) Walnut (Juglans L.), 30.
(Q) White pine (Pinus strobus L.), 24.
(c) "Local unit of government" means a city, village,
township, or charter township.
Senate Bill No. 1188 as amended November 29, 2018
Sec. 5. (1) A local unit of government shall not adopt,
maintain, or, for violations occurring on or after << the
effective date of this act,>>
enforce an ordinance, charter provision, or regulation that does
any of the following, and an ordinance, charter provision, or
regulation that does any of the following is void:
(a) Prohibits, requires approval for, or otherwise restricts
the trimming, felling, or removal of any vegetation, other than a
heritage tree, located on private property with an agricultural,
business, commercial, or industrial zoning classification.
(b) Requires mitigation, including, but not limited to, the
planting of trees or other vegetation or the payment of a fee or
fine, for the trimming, felling, or removal of any vegetation,
other than a heritage tree, from private property with an
agricultural, business, commercial, or industrial zoning
classification.
(2) Subsection (1) does not require a local unit of government
to refund any fee, fine, or costs received by the local unit of
government before the enactment date of this act as a result of the
enforcement of an ordinance or charter provision described in
subsection (1).
Sec. 7. This act shall not be construed to do any of the
following:
(a) Prohibit a local unit of government from adopting,
maintaining, or enforcing an ordinance, charter provision, or
regulation that does any of the following:
(i) Requires private property to be maintained in a healthy,
neat, and orderly appearance free from noxious weeds, invasive
vegetation, excessive lawn grass, refuse, and debris.
(ii) Provides property owners the voluntary option to preserve
or maintain trees or vegetation as part of a site plan, planned
unit development agreement, cluster development plan, or other
provision of a zoning ordinance adopted under the Michigan zoning
enabling act, 2006 PA 110, MCL 125.3101 to 125.3702, related to the
development or redevelopment of a site in exchange for reduction of
other restrictions in the zoning ordinance.
(iii) Restricts or allows trimming or removal of trees or
vegetation on public property or within a public right-of-way.
(iv) Allows trimming or removal of trees or other vegetation
within easements or locations that would enhance clear vision or
other traffic safety considerations.
(b) Prohibit a local unit of government from entering into a
voluntary planned unit development agreement with a private
landowner consistent with section 503 of the Michigan zoning
enabling act, 2006 PA 110, MCL 125.3503.
(c) Conflict with any of the following:
(i) State or federal stormwater management, floodplain, or
soil erosion and sedimentation control requirements including those
contained within part 31 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.3101 to 324.3134, or part 91
of the natural resources and environmental protection act, 1994 PA
451, MCL 324.9101 to 324.9123a.
(ii) The drain code of 1956, 1956 PA 40, MCL 280.1 to 280.630.
(iii) The insect pest and plant disease act, 1931 PA 189, MCL
286.201 to 286.228.
(d) Exempt property owners from continued compliance with tree
or vegetation requirements contained in site plans, including site
plans adopted as part of a planned unit development agreement or
cluster development plan, adopted on or before the enactment date
of this act.
(e) Prohibit a local unit of government from requiring tree or
vegetation greenbelts within property boundary setbacks or in
parking lots pursuant to a zoning ordinance adopted under the
Michigan zoning enabling act, 2006 PA 110, MCL 125.3101 to
125.3702.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.
