Bill Text: MI HB4887 | 2009-2010 | 95th Legislature | Engrossed

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Bill Title: Land use; farmland and open space; installation of renewable energy devices on agricultural property; allow. Amends secs. 36101 & 36104a of 1994 PA 451 (MCL 324.36101 & 324.36104a).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-11-09 - Referred To Committee Of The Whole With Substitute S-3 [HB4887 Detail]

Download: Michigan-2009-HB4887-Engrossed.html

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HB-4887, As Passed House, June 9, 2009

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4887

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 36101 and 36104a (MCL 324.36101 and

 

324.36104a), section 36101 as amended by 2008 PA 336 and section

 

36104a as added by 1996 PA 233.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 36101. As used in this part:

 

     (a) "Agricultural conservation easement" means a conveyance,

 

by a written instrument, in which, subject to permitted uses, the

 

owner relinquishes to the public in perpetuity his or her

 

development rights and makes a covenant running with the land not

 

to undertake development.

 

     (b) "Agricultural use" means the production of plants and

 

animals useful to humans, including forages and sod crops; grains,

 

feed crops, and field crops; dairy and dairy products; poultry and

 

poultry products; livestock, including breeding and grazing of

 

cattle, swine, captive cervidae, and similar animals; berries;

 

herbs; flowers; seeds; grasses; nursery stock; fruits; vegetables;

 

maple syrup; production; Christmas trees; and other similar uses

 

and activities. Agricultural use includes use in a federal acreage

 

set-aside program or a federal conservation reserve program.

 

Agricultural use does not include the management and harvesting of

 

a woodlot.

 

     (c) "Conservation district board" means that term as defined

 

in section 9301.

 

     (d) "Development" means an activity that materially alters or

 

affects the existing conditions or use of any land.

 

     (e) "Development rights" means an interest in land that

 

includes the right to construct a building or structure, to improve

 

land for development, to divide a parcel for development, or to

 

extract minerals incidental to a permitted use or as set forth in

 

an instrument recorded under this part.

 

     (f) "Development rights agreement" means a restrictive

 

covenant, evidenced by an instrument in which the owner and the

 

state, for a term of years, agree to jointly hold the right to

 

undertake development of the land, and that contains a covenant

 

running with the land, for a term of years, not to undertake

 

development, subject to permitted uses.

 

     (g) "Development rights easement" means a grant, by an

 

instrument, in which the owner relinquishes to the public in

 

perpetuity or for a term of years the right to undertake

 

development of the land, and that contains a covenant running with

 

the land, not to undertake development, subject to permitted uses.

 

     (h) "Farmland" means 1 or more of the following:

 

     (i) A farm of 40 or more acres in 1 ownership, with 51% or more

 

of the land area devoted to an agricultural use.

 

     (ii) A farm of 5 acres or more in 1 ownership, but less than 40

 

acres, with 51% or more of the land area devoted to an agricultural

 

use, that has produced a gross annual income from agriculture of

 

$200.00 per year or more per acre of cleared and tillable land. A

 

farm described in this subparagraph enrolled in a federal acreage

 

set aside program or a federal conservation reserve program is

 

considered to have produced a gross annual income from agriculture

 

of $200.00 per year or more per acre of cleared and tillable land.

 

     (iii) A farm designated by the department of agriculture as a

 

specialty farm in 1 ownership that has produced a gross annual

 

income from an agricultural use of $2,000.00 or more. Specialty

 

farms include, but are not limited to, greenhouses ; and farms

 

engaged in equine breeding and grazing; the breeding and grazing of

 

cervidae, pheasants, and other game animals; the production of bees

 

and bee products; the production of mushrooms; aquaculture; and

 

other similar uses and activities.

 

     (iv) Parcels of land in 1 ownership that are not contiguous but

 

that constitute an integral part of a farming operation being

 

conducted on land otherwise qualifying as farmland may be included

 

in an application under this part.

 

     (i) "Local governing body" means 1 of the following:

 

     (i) With respect to farmland or open space land that is located

 

in a city or village, the legislative body of the city or village.

 

     (ii) With respect to farmland or open space land that is not

 

located in a city or village but that is located in a township

 

having a zoning ordinance in effect as provided by law under the

 

Michigan zoning enabling act, 2006 PA 110, MCL 125.3101 to

 

125.3702, the township board of the township.

 

     (iii) With respect to farmland or open space land that is not

 

described in subparagraph (i) or (ii), the county board of

 

commissioners.

 

     (j) "Open space land" means 1 of the following:

 

     (i) Lands defined as 1 or more of the following:

 

     (A) Any undeveloped site included in a national registry of

 

historic places or designated as a historic site pursuant to state

 

or federal law.

 

     (B) Riverfront ownership subject to designation under part

 

305, to the extent that full legal descriptions may be declared

 

open space under the meaning of this part, if the undeveloped

 

parcel or government lot parcel or portions of the undeveloped

 

parcel or government lot parcel as assessed and owned is affected

 

by that part and lies within 1/4 mile of the river.

 

     (C) Undeveloped lands designated as environmental areas under

 

part 323, including unregulated portions of those lands.

 

     (ii) Any other area approved by the local governing body, the

 

preservation of which area in its present condition would conserve

 

natural or scenic resources, including the promotion of the

 

conservation of soils, wetlands, and beaches; the enhancement of

 

recreation opportunities; the preservation of historic sites; and

 

idle potential farmland of not less than 40 acres that is

 

substantially undeveloped and because of its soil, terrain, and

 

location is capable of being devoted to agricultural uses as

 

identified by the department of agriculture.

 

     (k) "Owner" means a person having a freehold estate in land

 

coupled with possession and enjoyment. If land is subject to a land

 

contract, owner means the vendee in agreement with the vendor.

 

     (l) "Permitted use" means any of the following:

 

     (i) Any use expressly authorized within a development rights

 

agreement, development rights easement, or agriculture conservation

 

easement that is consistent with the farming operation or that does

 

not alter the open space character of the land, as determined by

 

the state land use agency pursuant to section 36104a.

 

     (ii) Storage, retail or wholesale marketing, or processing of

 

agricultural products is a permitted use in a farming operation if

 

more than 50% of the stored, processed, or merchandised marketed

 

products are produced by the farm operator for at least 3 of the

 

immediately preceding 5 years. The state land use agency shall

 

determine whether a use is a permitted use pursuant to section

 

36104a.

 

     (iii) At a farm operation, a renewable energy system.

 

     (m) "Person" includes an individual, corporation, limited

 

liability company, business trust, estate, trust, partnership, or

 

association, or 2 or more persons having a joint or common interest

 

in land.

 

     (n) "Planning commission" means a planning commission created

 

by the local governing body under the Michigan planning enabling

 

act, 2008 PA 33, MCL 125.3801 to 125.3885, former 1945 PA 282, MCL

 

125.101 to 125.115, former 1959 PA 168, MCL 125.321 to 125.333, or

 

former 1931 PA 285. , MCL 125.31 to 125.45, as applicable.

 

     (o) "Prohibited use" means a use that is not consistent with

 

an agricultural use for farmland subject to a development rights

 

agreement or is not consistent with the open space character of the

 

land for lands subject to a development rights easement.

 

     (p) "Property taxes" means general ad valorem taxes levied

 

after January 1, 1974, on lands and structures in this state,

 

including collection fees, but not including special assessments,

 

penalties, or interest.

 

     (q) "Regional planning commission" means a regional planning

 

commission created pursuant to 1945 PA 281, MCL 125.11 to 125.25.

 

     (r) "Regional planning district" means the planning and

 

development regions as established by executive directive 1968-1,

 

as amended, whose organizational structure is approved by the

 

regional council.

 

     (s) "Renewable energy system" means either of the following:

 

     (i) A wind energy conversion system or solar energy system used

 

to generate electricity.

 

     (ii) A system that uses biomass to generate energy. As used in

 

this subparagraph, "biomass" means that term as defined in section

 

3 of the clean, renewable, and efficient energy act, 2008 PA 295,

 

MCL 460.1003.

 

     (t) (s) "State income tax act" means the income tax act of

 

1967, 1967 PA 281, MCL 206.1 to 206.532. , and in effect during the

 

particular year of the reference to the act.

 

     (u) (t) "State land use agency" means the department of

 

agriculture.

 

     (v) (u) "Substantially undeveloped" means any parcel or area

 

of land essentially unimproved except for a dwelling, building,

 

structure, road, or other improvement that is incidental to

 

agricultural and open space uses.

 

     (w) (v) "Unique or critical land area" means agricultural or

 

open space lands identified by the land use agency as an area that

 

should be preserved.

 

     Sec. 36104a. In determining whether a use is a permitted use

 

under section 36101(l), the state land use agency shall consider the

 

following criteria:

 

     (a) Whether the use adversely affects the productivity of

 

farmland or adversely affects the character of open space land.

 

     (b) Whether the use materially alters or negatively affects

 

the existing conditions or use of the land.

 

     (c) Whether the use substantially alters the agricultural use

 

of farmland subject to a development rights agreement or

 

substantially alters the natural character of open space land

 

subject to an open space easement.

 

     (d) Whether the use results in a material alteration of an

 

existing structure to a nonagricultural use.

 

     (e) Whether the use conforms with all applicable federal , and

 

state , laws and local laws and ordinances.