House Bill 4746 (2011): This bill (substitute H-3) has now passed the Michigan House and has been sent to the Senate. The bill, if adopted, would amend the Michigan Zoning Enabling Act to limit zoning authority over extraction of natural resources (mining) from property unless “very serious consequences” would occur. The bill would undo Kyser v. Kasson Twp. (488 Mich. 860; 788 N.W.2d 9; 2010 Mich. LEXIS 1898, September 14, 2010 [278 Mich. App. 743, 755 N.W.2d 190, 2008 Mich. App. (2008) July 15, 2010], see p2 of Selected Planning and Zoning Decisions: 2011 [http://web5.msue.msu.edu/lu/pamphlet/Blaw/SelectedPlan&ZoneDecisions2010-11.pdf]) The bill is now in the Senate committee on Natural Resources, Environment, and Great Lakes.
The bill amends section 205 of 206 PA 110 (MCL 125.3205) by adding a subsection (3):
“As set forth in Silva v Ada Township, 416 Mich 153, 330 NW2d 663 (1982), 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.”
SB0470 (2011): Is the same bill, but introduced in the Senate. This bill was referred to the Senate committee on Natural Resources, Environment and Great Lakes.
Copy of introduced house bill:
Copy of the house bill, as passed by the house:
Copy of introduced senate bill:
Summary of the house bill (June 15, 2011):
Committee summary of the bill (June 22, 2011):