HOUSE BILL No. 6180 June 5, 2002, Introduced by Reps. Gieleghem and Kolb 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 section 36101 (MCL 324.36101), as amended by 2000 PA 262, and by adding section 36115a. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 36101. As used in this part: 2 (a) "Agricultural conservation easement" means a conveyance, 3 by a written instrument, in which, subject to permitted uses, the 4 owner relinquishes to the public in perpetuity his or her devel- 5 opment rights and makes a covenant running with the land not to 6 undertake development. 7 (b) "Agricultural use" means the production of plants and 8 animals useful to humans, including forages and sod crops; 9 grains, feed crops, and field crops;dairy anddairy products; 10 poultry and poultry products; livestock, including breeding and 06126'01 TMV 2 1 grazing of cattle, swine, captive cervidae, and similar animals; 2 berries; herbs; flowers; seeds; grasses; nursery stock; fruits; 3 vegetables; Christmas trees; and other similar uses and 4 activities. Agricultural use includes use in a federal acreage 5 set-aside program or a federal conservation reserve program. 6 Agricultural use does not include the management and harvesting 7 of a woodlot. 8 (c) "Conservation district board" means that term as defined 9 in section 9301. 10 (d) "Development" means an activity that materially alters 11 or affects the existing conditions or use of any land. 12 (e) "Development rights" means an interest in land that 13 includes the right to construct a building or structure, to 14 improve land for development, to divide a parcel for development, 15 or to extract minerals incidental to a permitted use or as is set 16 forth in an instrument recorded under this part. 17 (f) "Development rights agreement" means a restrictive cove- 18 nant, evidenced by an instrument in which the owner and the 19 state, for a term of years, agree to jointly hold the right to 20 undertake development of the land, and that contains a covenant 21 running with the land, for a term of years, not to undertake 22 development, subject to permitted uses. 23 (g) "Development rights easement" means a grant, by an 24 instrument, in which the owner relinquishes to the public in per- 25 petuity or for a term of years the right to undertake development 26 of the land, and that contains a covenant running with the land, 27 not to undertake development, subject to permitted uses. 06126'01 3 1 (h) "Farmland" means 1 or more of the following: 2 (i) A farm of 40 or more acres in 1 ownership, with 51% or 3 more of the land area devoted to an agricultural use. 4 (ii) A farm of NOT LESS THAN 5 acres or morein 1 owner-5ship, but lessthan 40 acres, IN 1 OWNERSHIP, with 51% or more 6 of the land area devoted to an agricultural use, that has 7 produced a gross annual income from agriculture of $200.00 per 8 year or more per acre of cleared and tillable land. A farm 9 described in this subparagraph enrolled in a federal acreage set 10 aside program or a federal conservation reserve program is con- 11 sidered to have produced a gross annual income from agriculture 12 of $200.00 per year or more per acre of cleared and tillable 13 land. 14 (iii) A farm designated by the department of agriculture as 15 a specialty farm in 1 ownership that has produced a gross annual 16 income from an agricultural use of $2,000.00 or more. Specialty 17 farms include, but are not limited to, greenhouses; equine breed- 18 ing and grazing; the breeding and grazing of cervidae, pheasants, 19 and other game animals; FARMS FOR THE PRODUCTION OF bees and bee 20 products;mushroomsMUSHROOM FARMS; aquaculture FACILITIES; and 21 other similar uses and activities. 22 (iv) Parcels of land in 1 ownership that are not contiguous 23 but which constitute an integral part of a farming operation 24 being conducted on land otherwise qualifying as farmland may be 25 included in an application under this part. 26 (I) "INFRASTRUCTURE PROJECT" MEANS THE CONSTRUCTION OR 27 IMPROVEMENT OF A ROAD, STREET, SEWER, WATER MAIN, WATER OR SEWAGE 06126'01 4 1 TREATMENT FACILITY, PARKING LOT OR PARKING STRUCTURE, OFFICE 2 BUILDING, SCHOOL, POLICE OR FIRE STATION, JAIL OR PRISON, AIR- 3 PORT, OR OTHER INFRASTRUCTURE IF THE CONSTRUCTION OR IMPROVEMENT 4 IS FINANCED IN WHOLE OR PART BY A STATE OR LOCAL GOVERNMENT 5 ENTITY. 6 (J)(i)"Local governing body" means 1 of the following: 7 (i) With respect to farmland or open space land that is 8 located in a city or village, the legislative body of the city or 9 village. 10 (ii) With respect to farmland or open space land that is not 11 located in a city or village but that is located in a township 12 having a zoning ordinance in effect as provided by law, the town- 13 ship board of the township. 14 (iii) With respect to farmland or open space land that is 15 not described in subparagraph (i) or (ii), the county board of 16 commissioners. 17 (K)(j)"Open space land" means 1 of the following: 18 (i) Lands defined as 1 or more of the following: 19 (A) Any undeveloped site included in a national registry of 20 historic places or designated as a historic site pursuant to 21 state or federal law. 22 (B) Riverfront ownership subject to designation under part 23 305, to the extent that full legal descriptions may be declared 24 open space under the meaning of this part, if the undeveloped 25 parcel or government lot parcel or portions of the undeveloped 26 parcel or government lot parcel as assessed and owned is affected 27 by that part and lies within 1/4 mile of the river. 06126'01 5 1 (C) Undeveloped lands designated as environmental areas 2 under part 323, including unregulated portions of those lands. 3 (ii) Any other area approved by the local governing body, 4 the preservation of which area in its present condition would 5 conserve natural or scenic resources, includingthe promotion of6the conservation ofsoils, wetlands, and beaches,; the7enhancement ofENHANCE recreation opportunities,; the preser-8vation ofOR PRESERVE historic sites;andidle potential farm- 9 land of not less than 40 acres that is substantially undeveloped 10 and because of its soil, terrain, and location is capable of 11 being devoted to agricultural uses as identified by the depart- 12 ment of agriculture, AND FARMLAND. 13 (l)(k)"Owner," EXCEPT AS USED IN SECTION 36115A, means a 14 person having a freehold estate in land coupled with possession 15 and enjoyment. If land is subject to a land contract, owner 16 means the vendee in agreement with the vendor. 17 (M)(l)"Permitted use" means any use expressly authorized 18 within a development rights agreement, development rights ease- 19 ment, or agriculture conservation easement that is consistent 20 with the farming operation or that does not alter the open space 21 character of the land. Storage, retail or wholesale marketing, 22 or processing of agricultural products is a permitted use in a 23 farming operation if more than 50% of the stored, processed, or 24 merchandised products are produced by the farm operator for at 25 least 3 of the immediately preceding 5 years. The state land use 26 agency shall determine whether a use is a permitted use pursuant 27 to section 36104a. 06126'01 6 1 (N)(m)"Person" includes an individual, corporation, 2 limited liability company, business trust, estate, trust, part- 3 nership, or association, or 2 or more persons having a joint or 4 common interest in land. 5 (O)(n)"Planning commission" means a planning commission 6 created by the local governing body under 1945 PA 282, 7 MCL 125.101 to 125.107, 1959 PA 168, MCL 125.321 to 125.333, or 8 1931 PA 285, MCL 125.31 to 125.45, as applicable. 9 (P)(o)"Prohibited use" means a use that is not consis- 10 tent with an agricultural use for farmland subject to a develop- 11 ment rights agreement or is not consistent with the open space 12 character of the land for lands subject to a development rights 13 easement. 14 (Q)(p)"Property taxes" means general ad valorem taxes 15 levied after January 1, 1974, on lands and structures in this 16 state, including collection fees, but not including special 17 assessments, penalties, or interest. 18 (R)(q)"Regional planning commission" means a regional 19 planning commission created pursuant to 1945 PA 281, MCL 125.11 20 to 125.25. 21 (S)(r)"Regional planning district" means the planning 22 and development regions as established by executive directive 23 1968-1, as amended, whose organizational structure is approved by 24 the regional council. 25 (T)(s)"State income tax act" means the income tax act of 26 1967, 1967 PA 281, MCL 206.1 to 206.532, and in effect during the 27 particular year of the reference to the act. 06126'01 7 1 (U)(t)"State land use agency" means the department of 2 agriculture. 3 (V)(u)"Substantially undeveloped" means any parcel or 4 area of land essentially unimproved except for a dwelling, build- 5 ing, structure, road, or other improvement that is incidental to 6 agricultural and open space uses. 7 (W)(v)"Unique or critical land area" means agricultural 8 or open space lands identified by the land use agency as an area 9 that should be preserved. 10 SEC. 36115A. (1) IF LAND THAT IS SUITABLE FOR AGRICULTURAL 11 USE AND HAS BEEN IN AGRICULTURAL USE AT ANY TIME DURING THE PRE- 12 CEDING 2 YEARS IS PROPOSED AS A SITE FOR AN INFRASTRUCTURE 13 PROJECT THAT WILL RENDER THE LAND UNSUITABLE FOR AGRICULTURAL 14 USE, BEFORE THE LAND OR AN INTEREST IN THE LAND IS CONVEYED FOR 15 THE INFRASTRUCTURE PROJECT, THE OWNER SHALL PREPARE AN ENVIRON- 16 MENTAL IMPACT STATEMENT AND FILE A COPY OF THE ENVIRONMENTAL 17 IMPACT STATEMENT WITH THE CLERK OF THE CITY, VILLAGE, OR TOWNSHIP 18 WHERE THE INFRASTRUCTURE PROJECT IS LOCATED. 19 (2) AN ENVIRONMENTAL IMPACT STATEMENT UNDER SUBSECTION (1) 20 SHALL CONTAIN ALL OF THE FOLLOWING INFORMATION: 21 (A) THE NAME AND ADDRESS OF THE OWNER. 22 (B) A DESCRIPTION OF THE OWNER'S PROPRIETARY INTEREST IN THE 23 LAND. 24 (C) THE NAME, ADDRESS, AND PROFESSIONAL QUALIFICATIONS OF 25 THE PROPOSED PROFESSIONAL DESIGN TEAM MEMBERS FOR THE INFRASTRUC- 26 TURE PROJECT, INCLUDING THE DESIGNATION OF THE PERSON RESPONSIBLE 27 FOR THE PREPARATION OF THE ENVIRONMENTAL IMPACT STATEMENT. 06126'01 8 1 (D) THE DESCRIPTION AND PURPOSE OF THE PROPOSED 2 INFRASTRUCTURE PROJECT. 3 (E) SIX COPIES AND 1 REPRODUCIBLE TRANSPARENCY OF A SCHE- 4 MATIC USE PLAN OF THE INFRASTRUCTURE PROJECT SHOWING THE GENERAL 5 LOCATION OF THE INFRASTRUCTURE PROJECT AND MAJOR EXISTING PHYSI- 6 CAL AND NATURAL FEATURES ON THE SITE, INCLUDING, BUT NOT LIMITED 7 TO, WATERCOURSES, ROCK OUTCROPPING, WETLANDS, AND WOODED AREAS. 8 (F) THE LOCATION OF THE EXISTING UTILITIES AND 9 DRAINAGEWAYS. 10 (G) THE LOCATION AND NOTATION OF PUBLIC STREETS, PARKS, AND 11 RAILROAD AND UTILITY RIGHTS-OF-WAY WITHIN OR ADJACENT TO THE 12 INFRASTRUCTURE PROJECT. 13 (H) THE GENERAL LOCATION AND DIMENSIONS OF PROPOSED STREETS, 14 DRIVEWAYS, SIDEWALKS, PEDESTRIAN WAYS, TRAILS, OFF-STREET PARK- 15 ING, AND LOADING AREAS. 16 (I) THE GENERAL LOCATION AND APPROXIMATE DIMENSIONS OF PRO- 17 POSED STRUCTURES. 18 (J) MAJOR PROPOSED CHANGE OF LAND FORMS SUCH AS NEW LAKES, 19 TERRACING, OR EXCAVATING. 20 (K) APPROXIMATE EXISTING AND PROPOSED CONTOURS AND DRAINAGE 21 PATTERNS, SHOWING AT LEAST 5-FOOT CONTOUR INTERVALS. 22 (l) SKETCHES SHOWING THE SCALE, CHARACTER, AND RELATIONSHIP 23 OF STRUCTURES, STREETS OR DRIVEWAYS, AND OPEN SPACE. 24 (M) APPROXIMATE LOCATION AND TYPE OF PROPOSED DRAINAGE, 25 WATER AND SEWAGE TREATMENT AND DISPOSAL FACILITIES. 26 (N) A LEGAL DESCRIPTION OF THE PROPERTY. 06126'01 9 1 (O) AN AERIAL PHOTO AND CONTOUR MAP SHOWING THE SITE IN 2 RELATION TO THE SURROUNDING AREA. 3 (P) A DESCRIPTION OF THE SITE, INCLUDING ITS DOMINANT CHAR- 4 ACTERISTICS, ITS VEGETATIVE CHARACTER, ITS PRESENT AGRICULTURAL 5 USE, AND OTHER RELEVANT INFORMATION. 6 (Q) A SOIL REVIEW GIVING A SHORT DESCRIPTIVE SUMMARY OF THE 7 SOIL TYPES FOUND ON THE SITE AND WHETHER THE SOIL PERMITS THE USE 8 OF SEPTIC TANKS OR REQUIRES CENTRAL SEWER. THE REVIEW MAY BE 9 BASED ON THE "UNIFIED SOIL CLASSIFICATION SYSTEM" AS ADOPTED BY 10 THE UNITED STATES GOVERNMENT CORPS OF ENGINEERS AND BUREAU OF 11 RECLAMATION, DATED JANUARY 1952, OR THE NATIONAL COOPERATIVE SOIL 12 SURVEY CLASSIFICATION SYSTEM, AND THE STANDARDS FOR THE DEVELOP- 13 MENT PROSPECTS THAT HAVE BEEN OFFERED FOR EACH PORTION OF THE 14 SITE. 15 (R) A NATURAL HAZARDS REVIEW CONSISTING OF A LIST OF NATURAL 16 HAZARDS SUCH AS PERIODIC FLOODING, POOR SOIL BEARING CONDITIONS, 17 AND ANY OTHER HAZARDS PECULIAR TO THE SITE. 18 (S) A SUBSTRATA REVIEW INCLUDING A DESCRIPTIVE SUMMARY OF 19 THE VARIOUS GEOLOGIC BEDROCK FORMATIONS UNDERLYING THE SITE, 20 INCLUDING THE IDENTIFICATION OF KNOWN AQUIFERS, THE APPROXIMATE 21 DEPTHS OF THE AQUIFERS, AND, IF BEING TAPPED FOR USE, THE PRINCI- 22 PAL USES TO BE MADE OF THESE WATERS, INCLUDING IRRIGATION, DOMES- 23 TIC WATER SUPPLY, AND INDUSTRIAL USAGE. 24 (T) AN EROSION REVIEW SHOWING HOW EROSION CONTROL WILL BE 25 ACHIEVED AND ILLUSTRATING PLANS OR PROGRAMS THAT MAY BE REQUIRED 26 BY ANY EXISTING SOIL EROSION AND SEDIMENTATION ORDINANCE. 06126'01 10 1 (U) AT A MINIMUM, PLANS FOR COMPLIANCE WITH ALL OF THE 2 FOLLOWING STANDARDS REQUIRED FOR CONSTRUCTION AND 3 POSTCONSTRUCTION PERIODS: 4 (i) SURFACE DRAINAGE DESIGNS AND STRUCTURES SHALL BE 5 EROSION-PROOF THROUGH CONTROL OF THE DIRECTION, VOLUME, AND 6 VELOCITIES OF DRAINAGE PATTERNS. THESE PATTERNS SHALL PROMOTE 7 NATURAL VEGETATION GROWTH THAT ARE INCLUDED IN THE DESIGN SO THAT 8 DRAINAGE WATERS MAY BE IMPEDED IN THEIR FLOW AND PERCOLATION 9 ENCOURAGED. 10 (ii) THE DESIGN SHALL INCLUDE TRASH COLLECTION DEVICES WHEN 11 HANDLING STREET AND PARKING DRAINAGE TO CONTAIN SOLID WASTE AND 12 TRASH. 13 (iii) WATERCOURSE DESIGNS, CONTROL VOLUMES, AND VELOCITIES 14 OF WATER SHALL PREVENT BOTTOM AND BANK EROSION. IN PARTICULAR, 15 CHANGES OF DIRECTION SHALL GUARD AGAINST UNDERCUTTING OF BANKS. 16 (iv) IF VEGETATION HAS BEEN REMOVED OR HAS NOT BEEN ABLE TO 17 GROW ON SURFACE AREAS SUCH AS INFILL ZONES, THE OWNER SHALL STA- 18 BILIZE AND CONTROL THE IMPACTED SURFACE AREAS TO PREVENT WIND 19 EROSION AND THE BLOWING OF SURFACE MATERIAL THROUGH THE PLANTING 20 OF GRASSES, WINDBREAKS, AND OTHER SIMILAR BARRIERS. 21 (3) TO THE EXTENT CONSISTENT WITH APPLICABLE LAW, THE COST 22 OF PREPARING AN ENVIRONMENTAL IMPACT STATEMENT UNDER THIS SECTION 23 MAY BE RECOVERED FROM THE STATE OR LOCAL GOVERNMENT FINANCING 24 BEING PROVIDED FOR THE INFRASTRUCTURE PROJECT. 06126'01 Final page. TMV