The following Summary was prepared by the Michgian Society of Planning.
Michigan’s four existing planning enabling acts date back to 1931. Very few changes have been made since their adoption. The existing laws do not address the planning issues and problems of today.
New Changes to the Old Law
At 10:25 AM, January 9, 2002 Governor Engler signed new planning law. Planning reform has occurred. Not a total and complete revision, but amendments to current statutes that begin to move planning in the right direction.
Public Acts 263, 264, and 265 of 2001 amend Michigan planning law in several significant ways. The following bullets outline the new planning process set forth in the new acts. For a complete copy of the act look to the links provided at the bottom of this page.
This amendatory act requires all municipalities to be in conformance by January 9, 2003. The three acts have slight differences. that will be discussed in the March, 2003 addition of the Michigan Planner magazine. The new laws attempt to open constructive communication among neighboring governmental units in an effort to promote more coordinated land use planning.
- The new law requires all municipal jurisdictions to first notify neighboring jurisdictions, the county, the region, and any registered public utility company, railroad, or other governmental entities (such as a DDA) of the municipality's intention to amend, revise or create a totally new plan.
- The notice requests the recipient's cooperation in the planning process and asks for the recipient's comments. Once a draft plan is created and authorized for distribution by the proposing community, the notified entities are asked to review and make comment on the proposed plan.
- The review comments are transmitted to the jurisdiction proposing the new plan. Additionally, the neighboring jurisdictions and the regional planning commission must also send a copy of their comments to the county government within which the proposing municipally resides.
- The county then provides comments, including a two-part consistency review. First, the county must make a statement regarding whether the proposed plan is inconsistent with the neighboring jurisdiction’s plan, and second, determine whether the proposed plan is inconsistent with the county’s plan, if such a county plan exists.
This first step, though modest, is worth celebrating. Planning law has been improved.
Copies of the new public acts, which amend the current Township, County, and City Village planning statutes, are available below in a PDF format.
• Township Planning Act - Public Act 263
• County Planning Act - Public Act 264
• City Village Planning Act - Public Act 265
Also available from this web site are PDF copies of the new Open Space Zoning Laws. These new laws were signed by Governor Engler on December 14, 2001.
Public Acts 177,178,and179 of 2001 require all cities, villages, counties, and townships over 1800 population to provide an open space preservation option in their local zoning ordinance.
• Township Zoning Act - Public Act 177
• County Zoning Act - Pubic Act 178