| Planning and Zoning Basics
What do you do to protect your local community and environment when a big, bad development proposal comes to town or when state regulators leave you and the rules in the dust? Below is a checklist of first steps to take for researching and possibly challenging proposals and regulators. In the article at left, you also can read about the basics of organizing community groups and public interest campaigns. Good luck!
Get the Facts
Contact the local planning commission with authority over the area (township, city, or county). Talk with commission members and their staff about the proposal. Learn their perspectives on it and share yours in an open-minded, two-way conversation.
Request copies of the following documents from the township, city, or county clerk:
Minutes of meetings (planning commission, township board, city council, county commission, etc.) where participants discussed the proposed land use. You also may want to obtain copies of the public notices and the published agendas for these meetings.
Site plans, reports, studies, maps, correspondence and other documents the developer may have transmitted to officials or submitted to the planning commission or regulatory agency for review.
The local zoning ordinance.
Applicable state and federal regulations.
Study these documents and confirm what information and what steps are required under the zoning ordinance or the environmental regulation.
Read development applications extremely closely. Officials should not accept them unless the developer has addressed each point completely.
Know the Process. Know the Process. Know the Process.
You can become an expert on the steps government officials need to take. Many officials may be unfamiliar with the wide range of laws that apply if they are new to their office or if the proposed land use triggers procedures that are not part of the local governments typical routine. As an expert in required procedures, you can hold local, state, and federal government accountable to their own rules. It may take a while to get results, but if the law requires it, you have a case.
Example: If the proposal is not a permitted use under the local zoning ordinance, then it would require changes in the ordinance, a variance, or a special use permit. All such changes require a public hearing.
Example: It usually is necessary for a developer to obtain all necessary permits local, state, or federal before proceeding. What do these permits require? Has the developer satisfied the requirements? What procedural steps remain? Obtain copies of the applicable state or federal laws, the developers application under those laws, and accompanying documents, such as a site plan.
Know the Goal of the Law
What did local government leaders or state legislators have in mind when they created certain laws? The goals and objectives behind zoning ordinances, as well as environmental regulations, are the ultimate guidance for decision makers.
Example: If a development proposal undermines the stated goals and objectives of the local land use plan, you can build a case on these foundations of zoning intent. Study the local land use plans goals and objectives, including the language the plan uses to state them. Hold officials accountable to their land use plan and zoning ordinance, which are based on public involvement, scientific research, and the communitys legal authority to decide how it grows.
Take Stock of Dangers
A development proposal could present environmental and public health problems, many of which are covered by existing laws.
For example: If you have information that the project could harm wetlands, critical dunes, or endangered species, contact regulatory authorities and environmental groups with expertise to help. (See Resources on page 18.)
For example: If the proposal will disturb one or more acres of land, or takes place within 500 feet of a lake or stream, it is regulated under the state Soil Erosion and Sedimentation Control Act. A county department, such as the road commission or the drain commissioners office, is usually responsible for issuing permits under this law.
For example: The proposed land use may generate wastes that could affect local water and air quality. One of the best water quality defenses available in Michigan is a local wellhead protection plan, which maps sensitive areas and spells out what is allowed there. Check with your local government to see if your community has one or could create one.
Know Your Rights
The public has the right to know about development proposals and governmental meetings concerning the community, the local economy, and its natural resources. The public also has the right to comment on projects, to obtain information about projects, and to appeal agency decisions.
For more information on these public rights and government responsibilities, check these important laws:
County Zoning Act
Public Act 183 of 1943, Sections 125.201-125.232 of the Michigan Compiled Laws
Township Zoning Act
Public Act 184 of 1943 as amended March 1999, Sections 125.271-125.301 of the Michigan Compiled Laws
Michigan Planning Act
Public Act 168 of 1959 as amended December 20, 1999, Sections 125.321-125.333 of the Michigan Compiled Laws
Freedom of Information Act
Public Act 442 of 1976
Open Meetings Act
Public Act 267 of 1976
Natural Resources and Environmental Protection Act
Public Act 451 of 1994
You can read or obtain copies of these laws at your local library, or at the Web site: www.michiganlegislature.org/law.
Prepared from Taking an Active Role in the Land Use Decision Making Process by the Michigan League of Women Voters. |