House Bill 4746 Effective July 20, 2011 - Upholds Silva's "Very Serious Consequences"

Introduced

by Rep. Huuki

Act No. 113

Public Acts of 2011

Approved by the Governor

July 20, 2011

Filed with the Secretary of State

July 20, 2011

EFFECTIVE DATE: July 20, 2011

STATE OF MICHIGAN

96TH LEGISLATURE

REGULAR SESSION OF 2011

ENROLLED HOUSE BILL No. 4746

AN ACT to amend 2006 PA 110,

entitled "An act to codify the laws regarding local units of government regulating

the development and use of land; to provide for the

adoption of zoning ordinances; to provide for the establishment in

counties, townships, cities, and villages of zoning districts; to prescribe the powers and duties of certain officials; to

provide for the assessment

·and collection of fees; to authorize the issuance of bonds and notes; to prescribe penalties

and provide remedies; and to repeal

acts and parts of acts," by amending section 205 (MCL 125.3205).

The Peopl

e of the State of Michigan enact:

Sec. 205. (1) A

zoning ordinance is subject to the electric transmission line certification act, 1995 PA 30, MCL 460.561

to 460.575.

(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 activitie~ 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.

(76)

(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.

This act is ordered to take immediate effect.

Clerk

of the House of Representatives

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Secretary of the Senate

Approved------------------------·

·······------------------------------------------

Governor

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