It is a recognized reality for property owners in Michigan that neighboring land development projects can negatively impact not only their own property rights but affect the local community area as well. These kinds of projects generally begin at the local level with the planning or zoning board. Thus, participation at the local level is a crucial first step for those who seek to contest such development projects.
Each municipal government in Michigan adopts a code of zoning ordinances or regulations that apply to properties under the jurisdiction of such government. These ordinances operate as local land use and zoning laws, which also give authority will provide also outline each local planning and/or zoning boards. Generally, the role of these local boards is to implement the ordinances and regulations, which can include granting or denying applications for building permits, variance requests, or requests to amend certain regulations.
Local planning and zoning boards are bound by the Michigan Zoning Enabling Act (“MZEA”), MCL 125.3101 et. seq., which established provisions for how regulations may be administered. Importantly, MZEA provides people further recourse in contesting land development projects, should their local zoning board grant such projects. It is important to note that participation in the local proceedings is required under MZEA. This further emphasizes the significance in initial engagement with planning or zoning boards when contesting a land development proposal. Therefore, below are some key considerations when engaging at the local level.
Monitor Proposed Projects
As initial steps, it is important to monitor and stay informed on prospective development projects.
Land development projects, depending on what is proposed, are typically required to obtain municipal approval. Thus, one should review details for a proposed project, and monitor any applications submitted to the relevant municipal board.
One can stay informed by reviewing their local government website, which typically provides useful information on public notices, planning and zoning boards information, as well as local ordinances and regulations. Additionally, reviewing applicable ordinances can offer useful information on zoning board procedures, land development requirements, and relevant restrictions to designated areas.
Submit Objections
Under MZEA, participation in local proceedings can include either submitting a written objection to the proposal, and/or stating your objection at a public hearing before the local board. Public hearings must be properly noticed to allow interested members of the public to voice their concerns or support directly before the planning/zoning board.
Whether submitting your opposition by letter or speaking at a hearing, evidence supporting your position should be gathered and included in such submission.
Refer to Legal Counsel
While participating with planning/zoning boards does not require legal counsel, utilizing one could be advantageous to the outcome of a contested development project.
Legal counsel can assist in navigating state and local zoning laws. Moreover, land development proposals, can involve more than one issue to dispute, involving various laws, thereby making the process more complex. Legal counsel can provide expertise on gathering effective evidence, presenting compelling objections, and ensuring rights are not violated.
Attorneys at Dalton & Tomich, PLC, are highly experienced in land use and zoning proceedings throughout Michigan. If you have any questions for a related matter, please contact the number (313) 859-6000. We would be happy to speak with you.
