Michigan Zoning Laws Changed to Suit FrackingPosted: February 14, 2013
Unlike Pennsylvania or New York, Michigan local rule will not be able to restrict attempts to frack.
A new Michigan statute recognizes that local zoning ordinances may affect attempts to exploit mineral resources. The exploitation of those mineral resources would be allowed in the face of an ordinance restricting it if the one seeking to exploit those resources demonstrates the following: (1) that there are valuable natural resources on the property; (2) that there is a need for the natural resources, either by the owner or the market at large; and (3) that no very serious consequences would result from the extraction by mining of the resources. In the event that showing is made, then the court will make its own determination as to the impact of the development on local resources and the community.
Here is the statute.