2011 House Bill 4746 / Public Act 113

Preempt zoning ordinance gravel pit bans

Introduced in the House

June 14, 2011

Introduced by Rep. Matt Huuki (R-110)

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 Committee on Natural Resources, Tourism, and Outdoor Recreation

June 16, 2011

Reported without amendment

Without amendment and with the recommendation that the bill pass.

Amendment offered by Rep. Rashida Tlaib (D-12)

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

The amendment failed 45 to 63 (details)

June 22, 2011

Substitute offered by Rep. Ray Franz (R-101)

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

Passed in the House 85 to 25 (details)

Received in the Senate

June 22, 2011

Referred to the Committee on Natural Resources, Environment, and Great Lakes

June 30, 2011

Reported without amendment

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

Substitute offered

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

Passed in the Senate 26 to 12 (details)

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

Received in the House

June 30, 2011

Passed in the House 85 to 23 (details)

To concur with the Senate-passed version of the bill, which potentially imposes certain additional burdens on property owners.

Signed by Gov. Rick Snyder

July 20, 2011