Bill Text: MI HB4237 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Natural resources; gas and oil; zoning regulation of drilling of oil or gas wells by townships or counties; allow. Amends sec. 205 of 2006 PA 110 (MCL 125.3205).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-02-25 - Printed Bill Filed 02/25/2015 [HB4237 Detail]
Download: Michigan-2015-HB4237-Introduced.html
HOUSE BILL No. 4237
February 24, 2015, Introduced by Rep. Lucido and referred to the Committee on Energy Policy.
A bill to amend 2006 PA 110, entitled
"Michigan zoning enabling act,"
by amending section 205 (MCL 125.3205), as amended by 2012 PA 389.
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.
(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.
(2) (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.
(3) (4)
A person challenging a zoning
decision under
subsection
(3) (2) 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.
(4) (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.
(5) (6)
Subsections (3) to (5) (2) to (4) 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.
(6) (7)
This act does not limit state
regulatory authority
under other statutes or rules.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
