House Introduced Bill 6147

HOUSE BILL No. 6147

May 29, 2002, Introduced by Reps. Hansen, Kolb, Plakas, Bovin, Basham and Zelenko and referred to the Committee on Land Use
and Environment.

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 60904, 60905, 60906, 60908, and 60909 (MCL

324.60904, 324.60905, 324.60906, 324.60908, and 324.60909), as

added by 1995 PA 57.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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Sec. 60904. (1) The land resource portion of the inventory

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shall be completed in a format that may be readily integrated

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into the data management system, and shall provide a base of

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information to analyze the existing and future productivity of

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the state's natural resources and provide information to assist

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in the analysis of the timing, location, and intensity of future

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development in the state. The format should also include

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information that will be readily usable and available to assist

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local governmental units in their land use planning. The

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inventory may SHALL include any ALL of the following:

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(a) Geological features, including groundwater features such

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as depth to groundwater, groundwater recharge zones, and potable

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aquifers.

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(b) Land area with characteristics that pose problems to

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development, such as an area subject to reasonably predictable

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hazardous natural phenomenon, which may include flooding,

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high-risk erosion, or subsidence.

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(c) Land area with characteristics that make it suited for

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agricultural use.

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(d) Land area with characteristics that make it suited for

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silvicultural use.

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(e) Metallic and nonmetallic mineral deposits.

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(f) Hydrological features, including lakes, rivers and

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creeks, impoundments, drainage basins, and wetlands.

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(g) Land area of wildlife habitat, including each signifi-

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cant breeding area or area used by migratory wildlife.

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(h) Topographic contours.

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(I) OTHER RELEVANT NATURAL FEATURES OR LAND COVER TYPES AS

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DETERMINED BY THE DEPARTMENT.

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(2) If the department designates an area as wetland, the

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state may negotiate and contract for an option to purchase or

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exchange the wetland in order to protect the wetland. The option

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to purchase or exchange the wetland shall be valid for 5 years.

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After an option to purchase is negotiated, a person may apply for

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and receive consideration for an exemption from property taxes

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levied pursuant to the general property tax act, Act No. 206 of

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the Public Acts of 1893, being sections 211.1 to 211.157 of the

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Michigan Compiled Laws 1893 PA 206, MCL 211.1 TO 211.157, for

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the duration of the option to purchase.

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Sec. 60905. The current use portion of the inventory shall

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be completed using a consistent classification system that can be

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readily integrated into the data management system, and shall

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provide the base to analyze the existing use and cover in the

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state. The current use inventory may SHALL include any ALL

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of the following:

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(a) Substantially undeveloped land devoted to the production

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of plants and animals useful to humanity, including forages and

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sod crops; grain and feed crops; dairy ANIMALS and dairy pro-

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ducts; livestock, including the breeding and grazing of those

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animals; fruits of all kinds; vegetables; and other similar uses

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and activities.

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(b) Land used in the production of fiber and other woodland

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products or that supports trees that are protective of water

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resources, soils, recreation, or wildlife habitat.

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(c) Land that is being mined, drilled, or excavated for

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metallic and nonmetallic mineral, rock, stone, gravel, clay,

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soil, or other earth, petroleum, or natural gas resources.

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(d) A site, structure, district, or archaeological landmark

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that is officially included in the national register of historic

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places or designated as a historic site pursuant to state or fed-

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eral law.

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(e) Urban and developed land , including residential,

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commercial, industrial, transportation, communication, utilities,

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and open space uses and THAT SPECIFICALLY IDENTIFIES LAND USES

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IN THE FOLLOWING CATEGORIES:

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(i) RESIDENTIAL.

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(ii) COMMERCIAL.

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(iii) INDUSTRIAL.

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(iv) TRANSPORTATION.

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(v) COMMUNICATIONS.

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(vi) UTILITIES.

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(vii) OPEN SPACE, including recreational land.

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(f) Land owned on behalf of the public, including land man-

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aged by federal, state, or local government or school districts.

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(g) Land enrolled in part 361.

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(H) LAND SUBJECT TO AN AGRICULTURAL CONSERVATION EASEMENT AS

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PROVIDED FOR IN PART 362.

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(I) (h) Land enrolled in part 511.

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(J) (i) Land designated for tax abatements, restricted

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use, or specific use under a public act of this state.

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(K) OTHER LAND USES AS DETERMINED BY THE DEPARTMENT.

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Sec. 60906. (1) The current use portion of the inventory

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may be conducted by municipalities, counties, or regional plan-

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ning commissions as provided in subsection (4). A municipality,

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county, or regional planning commission conducting a portion of

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the current use inventory shall conduct that portion on a scale,

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level of detail, format, and classification system prepared by

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the department.

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(2) By December 27, 1980, the THE department shall prepare

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criteria for municipality, county, and regional planning commis-

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sion participation in the current use inventory process. The

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criteria shall specify the scale, level of detail, format, and

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classification system to be used in the current use portion of

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the inventory and shall contain forms and information on the

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financial reimbursement provisions provided in section 60907.

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(3) The criteria prepared under subsection (2) shall be cir-

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culated by the department to local government associations and to

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a municipality, county, or regional planning commission, upon

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request. By March 27, 1982, a A municipality with an estab-

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lished planning commission may submit to the department and to

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the county board of commissioners of the county in which the

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municipality is primarily located a notice of intent to perform

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or cause to be performed the work necessary to complete the cur-

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rent use portion of the inventory. By June 27, 1982, a A

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county with an established planning commission may submit to the

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department a notice of intent to perform or cause to be performed

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the work necessary to complete the current use portion of the

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inventory for each area for which a municipality is not perform-

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ing the work necessary to complete the current use portion of the

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inventory. By September 27, 1982, a A regional planning com-

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mission may submit a notice of intent to the department to per-

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form the work necessary to complete the current use inventory for

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each area not covered by a municipality or county notice of

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intent. For each area not covered by a notice of intent under

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this subsection, the department shall make or cause to be made

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the current use portion of the inventory.

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(4) A municipality, county, or regional planning commission

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engaged in the preparation of the current use portion of the

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inventory may make use of assistance, data, and information made

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available to it by public or private organizations.

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Sec. 60908. (1) The land resource portion of the inventory

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shall be reviewed and updated when necessary, but not less than

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once every 10 5 years.

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(2) The current use portion of the inventory shall be

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reviewed and updated when necessary, but not less than once each

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5 years.

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(3) THE DEPARTMENT SHALL ESTABLISH A PROGRAM DESIGNED TO

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ASSESS LONG-TERM LAND USE TRENDS IN THE STATE USING DATA IN THE

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INVENTORY. NOT LESS THAN EVERY 5 YEARS, THE DEPARTMENT SHALL

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ASSESS LAND USE AND LAND COVER TRENDS IN THE STATE. THE DEPART-

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MENT SHALL PREPARE A REPORT DESCRIBING THESE TRENDS AND SHALL

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MAKE THIS REPORT AVAILABLE TO THE GENERAL PUBLIC.

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Sec. 60909. The EXCEPT FOR THE REPORT PROVIDED FOR IN

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SECTION 60908, THE department may charge fees for generating pro-

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ducts or rendering services based on the information in the

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inventory. The fees shall not exceed the costs to the department

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of generating the products or rendering the services. The amount

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of money expended by the department for generating products or

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rendering services in a fiscal year shall not exceed the amount

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appropriated for that fiscal year or the amount of the fees

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actually received during that fiscal year, whichever is less.

04933'01 Final page.