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JJB H06939'26 a_HB6136_INTR_1 c8tigz
HOUSE BILL NO. 6136
A bill to amend 2006 PA 110, entitled
"Michigan zoning enabling act,"
by amending section 205 (MCL 125.3205), as amended by 2023 PA 234.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 205. (1) A zoning ordinance is subject to all of the 1
following: 2
(a) The electric transmission line certification act, 1995 PA 3
30, MCL 460.561 to 460.575. 4
(b) The regional transit authority act, 2012 PA 387, MCL 5
124.541 to 124.558. 6
June 25, 2026, Introduced by Reps. Wooden, Andrews, Grant, Tsernoglou, Breen, Steckloff,
O'Neal, Arbit, Foreman, Hoskins, Snyder, Liberati, Rogers, McFall, Morgan, Martus,
Rheingans, Skaggs, Witwer, MacDonell, McKinney, Scott, Wilson, Conlin, Brixie, Herzb erg
and Fitzgerald and referred to Committee on Government Operations.
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(c) The small wireless communications facilities deployment 1
act, 2018 PA 365, MCL 460.1301 to 460.1339. 2
(d) Part 8 of the clean and renewable energy and energy waste 3
reduction act, 2008 PA 295, MCL 460.1221 to 460.1232. 4
(e) The data center community benefit agreement act. 5
(2) A county or township shall not regulate or control the 6
drilling, completion, or operation of oil or gas wells or other 7
wells drilled for oil or gas exploration purposes and does not have 8
jurisdiction with reference to the issuance of permits for the 9
location, drilling, completion, operation, or abandonment of such 10
wells. 11
(3) An ordinance shall not prevent the extraction, by mining, 12
of valuable natural resources from any property unless very serious 13
consequences would result from the extraction of those natural 14
resources. Natural resources shall be considered valuable for the 15
purposes of this section if a person, by extracting the natural 16
resources, can receive revenue and reasonably expect to operate at 17
a profit. 18
(4) A person challenging a zoning decision under subsection 19
(3) has the initial burden of showing that there are valuable 20
natural resources located on the relevant property, that there is a 21
need for the natural resources by the person or in the market 22
served by the person, and that no very serious consequences would 23
result from the extraction, by mining, of the natural resources. 24
(5) In determining under this section whether very serious 25
consequences would result from the extraction, by mining, of 26
natural resources, the standards set forth in Silva v Ada Township, 27
416 Mich 153 (1982), shall be applied and all of the following 28
factors may be considered, if applicable: 29
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(a) The relationship of extraction and associated activities 1
with existing land uses. 2
(b) The impact on existing land uses in the vicinity of the 3
property. 4
(c) The impact on property values in the vicinity of the 5
property and along the proposed hauling route serving the property, 6
based on credible evidence. 7
(d) The impact on pedestrian and traffic safety in the 8
vicinity of the property and along the proposed hauling route 9
serving the property. 10
(e) The impact on other identifiable health, safety, and 11
welfare interests in the local unit of government. 12
(f) The overall public interest in the extraction of the 13
specific natural resources on the property. 14
(6) Subsections (3) to (5) do not limit a local unit of 15
government's reasonable regulation of hours of operation, blasting 16
hours, noise levels, dust control measures, and traffic, not 17
preempted by part 632 of the natural resources and environmental 18
protection act, 1994 PA 451, MCL 324.63201 to 324.63223. However, 19
such regulation shall be reasonable in accommodating customary 20
mining operations. 21
(7) A renewable energy project that received special land use 22
approval under section 502 on or after January 1, 2021 is 23
considered to be a prior nonconforming use and the special land use 24
approval shall not be revoked or modified if substantial 25
construction has occurred or if an expenditure equal to 10% of the 26
project construction costs or $10,000.00, whichever is less, has 27
been made. 28
(8) This act does not limit state regulatory authority under 29
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Final Page
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other statutes or rules. 1
Enacting section 1. This amendatory act does not take effect 2
unless Senate Bill No. ____ (request no. S06939'26) or House Bill 3
No. 6137 (request no. H06939'26) of the 103rd Legislature is 4
enacted into law. 5