LOCAL GOVERNMENT PRESPECTIVE MINERAL EXTRACTION LOCAL GOVERNMENT PRESPECTIVE Presented by: Frederick Lucas LUCAS LAW, PC 7577 US Highway 12, Ste A Onsted, MI 49265 www.lucaslawpc.com

Topics The Law Practical Consideration Questions and Answers Understanding the basics principles of zoning Rules specific to mineral extraction Cases interpreting the law Practical Consideration Questions and Answers

THE LAW Statutory Authorities Planning Zoning Planning Enabling Act, Public Act 33 of 2008 Regional Planning Act, 281 of 1994 Zoning Zoning Enabling Act, Public Act 110 of 2006

Land use decisions Legislative Body Zoning Board of Appeal Appointments Ordinance Adoption Zoning Reviews Master Plan (Optional) Other Policy Decisions Planning Commission Master Plan Zoning Ordinance Recommend Subdivision Zoning Review Zoning Board of Appeal Variances Appeals Interpretations

Rules specific to mineral extraction History 1982- Michigan Supreme Court issued opinion in Silva v Ada Township, 416 Mich 153. Adopts the “very serious consequence rule”. 2010 – The court overrules Silva in the case of Kyser v Kasson Twp, 486 Mich 514 2013 – Michigan Legislature adopts an amendment to the MZEA re- establishing the law promulgated in Silva.

MCL § 125.3205 (3)  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. Natural resources shall be considered valuable for the purposes of this section if a person, by extracting the natural resources, can receive revenue and reasonably expect to operate at a profit.

MCLS § 125.3205 (4)   A person challenging a zoning decision under subsection (3) has the initial burden of showing that there are valuable natural resources located on the relevant property, that there is a need for the natural resources by the person or in the market served by the person, and that no very serious consequences would result from the extraction, by mining, of the natural resources.

MCLS § 125.3205 (5)   In determining under this section whether very serious consequences would result from the extraction, by mining, of natural resources, the standards set forth in Silva v Ada Township, 416 Mich 153 (1982), shall be applied and all of the following factors may be considered, if applicable: (a)   The relationship of extraction and associated activities with existing land uses. (b)   The impact on existing land uses in the vicinity of the property. (c)   The impact on property values in the vicinity of the property and along the proposed hauling route serving the property, based on credible evidence. (d)   The impact on pedestrian and traffic safety in the vicinity of the property and along the proposed hauling route serving the property. (e)   The impact on other identifiable health, safety, and welfare interests in the local unit of government. (f)  The overall public interest in the extraction of the specific natural resources on the property.

local government Perspective Be prepared Review the ordinance (or ordinances) regarding mineral extraction Zoning Regulatory Ask to meet with a representative of the Township before taking formal action Take the temperature in the room Find out if there are any special concerns or problems before you file your application

local government Perspective Be Thorough Don’t turn in a half completed application More information is better Know who the players are Address special concerns Prepare visual aids

local government Perspective Be Professional Assign one person to be a spokesperson/contact for the company Don’t wait to the last minute to submit documents Do not respond to anger with anger When presenting your case be sure you can answer any questions that can arise: Engineering Leave the lawyer at home (at least for the first meeting)

local government Perspective Be Understanding The board/commission has a job to do, help them do it Realize that board/commission must hear and respond to the concerns of its residents Address those concerns, if possible Be flexible where possible Treat the municipality as you would a partner (because they are)

local government Perspective Others Matters Continue to interact with the municipality Remember that for most municipalities running the government is a part-time job, they don’t know as much as your business as you do Find out who is charged with overseeing the operation, usually the Zoning Enforcement Official Build trust with the local authorities Stay in contact the local authorities Alert them to issues as soon as they arise Be a good corporate citizen