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

2. 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

3. 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

4. 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

5. Rules specific to mineral extraction
History
1982- Michigan Supreme Court issued opinion in Silva v Ada Township, 416 Mich 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.

6. MCL §
(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.

7. MCLS §
(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.

8. MCLS §
(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.

9. 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

10. 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

11. 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)

12. 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)

13. 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