SB-1188, As Passed Senate, November 29, 2018

SUBSTITUTE FOR

SENATE BILL NO. 1188

     A bill to prohibit local units of government from adopting or

enforcing certain ordinances or charter provisions, including those

prohibiting or restricting removal of trees or other vegetation;

and to provide the powers and duties of certain local officials.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1. This act shall be known and may be cited as the

"vegetation removal preemption act".

     Sec. 3. As used in this act:

     (a) "Enforce an ordinance, charter provision, or regulation"

means to prosecute, sue, ticket, or fine a person for a violation

of, or otherwise subject a person to, an ordinance, charter

provision, or regulation.

     (b) "Heritage tree" means a tree that meets the following

requirements:

     (i) Is not diseased, dying, or otherwise a threat to

structures or human safety.

     (ii) Is one of the following trees of at least the following

diameter in inches, measured at 4.5 feet above the highest ground

at the base of the tree:

     (A) Basswood (Tilia L.), 36.

     (B) Beech (Fagus L.), 30.

     (C) Birch (Betula L.), 30.

     (D) Cherry species, 30.

     (E) Chestnut (Castanea Mill.), 16.

     (F) Eastern hemlock (Tsuga canadensis (L.) Carrière), 20.

     (G) Eastern red cedar (Juniperus virginiane L.), 20.

     (H) Kentucky coffeetree (Gymnocladus dioicus (L.) K. Koch),

30.

     (I) Hickory (Carya Nutt.), 30.

     (J) Locust (Robinia L.), 36.

     (K) Maple (Acer L.), except boxelder (Acer negundo L.) and

silver maple (Acer saccharinum L.), 30.

     (L) Oak (Quercus L.), 36.

     (M) Sassafras (Sassafras albidum (Nutt.) Nees), 20.

     (N) Sycamore (Platanus L.), 30.

     (O) Tamarack (Larix laricina (Du Roi) K. Koch), 20.

     (P) Walnut (Juglans L.), 30.

     (Q) White pine (Pinus strobus L.), 24.

     (c) "Local unit of government" means a city, village,

township, or charter township.

Senate Bill No. 1188 as amended November 29, 2018

     Sec. 5. (1) A local unit of government shall not adopt,

maintain, or, for violations occurring on or after << the

effective date of this act,>>

enforce an ordinance, charter provision, or regulation that does

any of the following, and an ordinance, charter provision, or

regulation that does any of the following is void:

     (a) Prohibits, requires approval for, or otherwise restricts

the trimming, felling, or removal of any vegetation, other than a

heritage tree, located on private property with an agricultural,

business, commercial, or industrial zoning classification.

     (b) Requires mitigation, including, but not limited to, the

planting of trees or other vegetation or the payment of a fee or

fine, for the trimming, felling, or removal of any vegetation,

other than a heritage tree, from private property with an

agricultural, business, commercial, or industrial zoning

classification.

     (2) Subsection (1) does not require a local unit of government

to refund any fee, fine, or costs received by the local unit of

government before the enactment date of this act as a result of the

enforcement of an ordinance or charter provision described in

subsection (1).

     Sec. 7. This act shall not be construed to do any of the

following:

     (a) Prohibit a local unit of government from adopting,

maintaining, or enforcing an ordinance, charter provision, or

regulation that does any of the following:

     (i) Requires private property to be maintained in a healthy,

neat, and orderly appearance free from noxious weeds, invasive

vegetation, excessive lawn grass, refuse, and debris.

     (ii) Provides property owners the voluntary option to preserve

or maintain trees or vegetation as part of a site plan, planned

unit development agreement, cluster development plan, or other

provision of a zoning ordinance adopted under the Michigan zoning

enabling act, 2006 PA 110, MCL 125.3101 to 125.3702, related to the

development or redevelopment of a site in exchange for reduction of

other restrictions in the zoning ordinance.

     (iii) Restricts or allows trimming or removal of trees or

vegetation on public property or within a public right-of-way.

     (iv) Allows trimming or removal of trees or other vegetation

within easements or locations that would enhance clear vision or

other traffic safety considerations.

     (b) Prohibit a local unit of government from entering into a

voluntary planned unit development agreement with a private

landowner consistent with section 503 of the Michigan zoning

enabling act, 2006 PA 110, MCL 125.3503.

     (c) Conflict with any of the following:

     (i) State or federal stormwater management, floodplain, or

soil erosion and sedimentation control requirements including those

contained within part 31 of the natural resources and environmental

protection act, 1994 PA 451, MCL 324.3101 to 324.3134, or part 91

of the natural resources and environmental protection act, 1994 PA

451, MCL 324.9101 to 324.9123a.

     (ii) The drain code of 1956, 1956 PA 40, MCL 280.1 to 280.630.

     (iii) The insect pest and plant disease act, 1931 PA 189, MCL

286.201 to 286.228.

     (d) Exempt property owners from continued compliance with tree

or vegetation requirements contained in site plans, including site

plans adopted as part of a planned unit development agreement or

cluster development plan, adopted on or before the enactment date

of this act.

     (e) Prohibit a local unit of government from requiring tree or

vegetation greenbelts within property boundary setbacks or in

parking lots pursuant to a zoning ordinance adopted under the

Michigan zoning enabling act, 2006 PA 110, MCL 125.3101 to

125.3702.

     Enacting section 1. This act takes effect 90 days after the

date it is enacted into law.