Mackinaw Center for Public Policy Discusses House Bill 4746

2011 House Bill 4746

Re: 2011 House Bill 4746 by lovetheup on September 16, 201

Of course you can do whatever you want with your property-- WITHIN LIMITS. Once you infringe on the rights of others it is another matter. There are laws, regulations, permits for a reason. We limit mining such as gravel pits because they are harmful. Necessary? Yes, in the right location. This bill was ramrodded through the house and senate and signed by the governor at unprecedanted speed by the aggregrate industry before the public was aware of the ramifications or the press or anyone else could explore. Introduced in the house June 14, received in the Senate June 22, and signed by the Governor July 20.

In Ironwood Township, Gogebic County, a contractor is trying to take a 17 acre parcel100 feet away from an elderly retired woman with emphysema and turn her peaceful country home into a living hell. There would be noise, pollution (Dust), loss of taxes (a gravel pit is taxed as vacant property), loss of property value, loss of potential home building (and employment and taxes) and the safety of our children catching the school bus et cetera will be in peril. We are not talking about a parcel in the country away from homes and residences. 

• Introduced by Rep. Matt Huuki (R) on June 14, 2011, to preempt local

government zoning ordinances that prohibit a gravel pit unless "very

serious" environmental consequences would result, as established in a

particular lawsuit (Silva v Ada township).

 

Referred to the House Natural Resources, Tourism, and Outdoor

Recreation Committee on June 14, 2011, to preempt local

government zoning ordinances that prohibit a gravel pit unless "very

serious" environmental consequences would result, as established in

a particular lawsuit (Silva v Ada township).

• Reported in the House on June 16, 2011, without amendment

and with the recommendation that the bill pass. Search legislation

 

 

Amendment offered by Rep. Rash ida Tlaib (D) on June 16, 2011, to

narrow the scope of the bill to exclude salt extraction. The

amendment

Substitute offered by Rep. Ray Franz (R) on June 22, 2011, to

replace the previous version of the bill with one that revises details but does not change the

substance as previously described. The substitute

passed by voice vote in the House on

June 22, 2011.

 

Referred to the Senate Natural Resources, Environment & Great Lakes Committee on June

22, 2011.

• Reported in the Senate on June 30, 2011, with the recommendation that the

substitute (S-4) be adopted and that the bill then pass.

 

 

Substitute offered in the Senate on June 30, 2011, to replace the previous version of the bill

with one that requires an owner challenging a zoning decision potentially affected by the bill

to show that extractable resources are present, that there is a market for them, and that no

very serious consequences would result from the extraction. The substitute

passed by voice

vote in the Senate on June 30, 2011.

•

Passed 26 to 12 in the Senate on June 30, 2011, to preempt local government zoning ordinances that

prohibit a gravel pit unless "very serious" environmental consequences would result, as established in

a particular lawsuit (Silva v Ada township). A property owner challenging a zoning decision potentially

 

2011 House Bill4746: Preempt zoning ordinance gravel pit bans- Michigan Votes

affected by the bill would have to meet certain procedural and evidentiary burdens

.

Who Voted "Yes" and Who Voted "No"

• Received in the House on June 30

, 2011.

Page 2

of)

•

Passed 85 to 23 in the House on June 30, 2011 , to concur with the Senate-passed version of the bill,

which potentially imposes certain additional burdens on property owners.

Who Voted "Yes" and Who Voted "No"

• Signed by Gov. Rick Snyder on July 20, 2011
 1)

168 feet, and two new homes directly below this location.
f a person buys a house with a gravel pit next to it, that's one thing; if a gravel pit goes in with a regular setback, that's another-- but here is an established neighborhood with an industrial operation trying to go in between two residences.

Mr. Huuki and Mr. Casperson, be sure we will remember your antics when it comes time to vote!!!!