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April 2022

Michigan Legislative Report

Our readers should keep in mind that 2022 is a local, state, and federal election year. This year’s election is scheduled to be held on Tuesday, November 8th. Several controversial bills introduced in the past year, including legislation that would effectively strip local governments of the authority to issue gravel mine permits; and ban local governments from adapting, and/or enforcing zoning ordinances that would have the effect of prohibiting short term rentals are not likely to be acted upon in an election year where incumbent members of Michigan’s House and Senate are reluctant to vote yes on legislation that may cost them votes on election day. Although corporate supporters of the legislation continue to pro-actively support passage of House Bill 4722 and Senate Bill 1210, the state legislature is unlikely to consider either of the bills until a new session is called to order in January 2023 – well after the election.

If passed into state law, Senate Bill 991 would:

  • Prohibit the installation of an underground storage tank within 2,000 feet of an existing Type I community or Type II (a) non-community public water well
  • Within 800 feet of an existing Type II (b) or type III non-community public water well
  • Within 300 feet of any other type of well not described 3 in subdivision (a) or (b).

If passed into state law, Senate Bill 1210 would:

  • Strip local governments of the authority to issue gravel mine permits
  • Give permitting authority to the Michigan Department of Environment, Great Lakes, and Energy (EGLE)
  • In the vast majority of cases, EGLE would be required to issue the permits even if local governments and residents oppose new mines
  • set no limits on hours of operation for gravel mines, and they would be allowed to operate within a block of schools, churches, or existing neighborhoods

If passed into state law, House Bill 4722 would:

  • Ban local governments from adopting or enforcing zoning ordinances that “have the effect of prohibiting short-term rentals,” which are defined as a single-family home or unit available to rent for less than 30 consecutive days
  • Allow local governments to limit an owner or ownership group to as little as two short-term rental properties
  • Allow local governments to limit the total number of short-term rentals to 30 percent of all residential units
  • Allow local governments to regulate and inspect short-term rental units for noise, advertising, traffic or “any other condition that may create a nuisance.”

To track the current status of legislation pending action by the

Michigan Senate Environmental Quality Committee, click here