Michigan Compiled Laws — MICHIGAN PLANNING ENABLING ACT (Act 33 of 2008)

Short title.

This act shall be known and may be cited as the "Michigan planning enabling act".

Definitions.

As used in this act: (a) "Chief administrative official" means the manager or other highest nonelected administrative official of a city or village. (b) "Chief elected official" means the mayor of a city, the president of a village, the supervisor of a township, or, subject to section 5, the chairperson of the county b…

Assignment of power or duty to county officer or body.

The assignment of a power or duty under this act to a county officer or body is subject to 1966 PA 293, MCL 45.501 to 45.521, or 1973 PA 139, MCL 45.551 to 45.573, in a county organized under 1 of those acts.

Master plan; adoption, amendment, and implementation by local government; purpose.

(1) A local unit of government may adopt, amend, and implement a master plan as provided in this act. (2) The general purpose of a master plan is to guide and accomplish, in the planning jurisdiction and its environs, development that satisfies all of the following criteria: (a) Is coordinated, adjusted, harmonious, ef…

Planning commission; effect of township ordinance; number of days; petition requesting submission of ordinance to electors; filing; petition subject to Michigan election law; violation.

(1) Subject to subsection (2), a township ordinance creating a planning commission under this act shall take effect 63 days after the ordinance is published by the township board in a newspaper having general circulation in the township. (2) Subject to subsection (3), before a township ordinance creating a planning com…

Planning commission; membership; appointment; terms; vacancy; representation; qualifications; ex-officio members; board serving as planning commission; removal of member; conditions; conflict of interest; additional requirements.

(1) In a municipality, the chief elected official shall appoint members of the planning commission, subject to approval by a majority vote of the members of the legislative body elected and serving. In a county, the county board of commissioners shall determine the method of appointment of members of the planning commi…

Chairperson, secretary, and other offices; election; terms; appointment of advisory committees.

(1) A planning commission shall elect a chairperson and secretary from its members and create and fill other offices as it considers advisable. An ex officio member of the planning commission is not eligible to serve as chairperson. The term of each officer shall be 1 year, with opportunity for reelection as specified…

Bylaws; adoption; public record requirements; annual report by planning commission.

(1) A planning commission shall adopt bylaws for the transaction of business, and shall keep a public record of its resolutions, transactions, findings, and determinations. (2) A planning commission shall make an annual written report to the legislative body concerning its operations and the status of planning activiti…

Meetings; frequency; time; place; special meeting; notice; compliance with open meetings act; availability of writings to public.

(1) A planning commission shall hold not less than 4 regular meetings each year, and by resolution shall determine the time and place of the meetings. Unless the bylaws provide otherwise, a special meeting of the planning commission may be called by the chairperson or by 2 other members, upon written request to the sec…

Compensation; expenses; preparation of budget; acceptance of gifts.

(1) Members of a planning commission may be compensated for their services as provided by the legislative body. A planning commission may adopt bylaws relative to compensation and expenses of its members and employees for travel when engaged in the performance of activities authorized by the legislative body, including…

Employment of planning director and other personnel; contract for services; use of information and advice provided by public officials, departments, and agencies.

(1) A local unit of government may employ a planning director and other personnel as it considers necessary, contract for the services of planning and other technicians, and incur other expenses, within a budget authorized by the legislative body. This authority shall be exercised by the legislative body, unless a char…

Master plan; preparation by planning commission; meetings with other governmental planning commissions or agency staff; powers.

(1) A planning commission shall make and approve a master plan as a guide for development within the planning jurisdiction subject to section 81 and the following: (a) For a county, the master plan may include planning in cooperation with the constituted authorities for incorporated areas in whole or to the extent to w…

(1) A master plan must address land use and infrastructure issues and may project 20 years or more into the future. A master plan must include maps, plats, charts, and descriptive, explanatory, and other related matter and must show the planning commission's recommendations for the physical development of the planning…

Subplan; adoption.

A planning commission may, by a majority vote of the members, adopt a subplan for a geographic area less than the entire planning jurisdiction, if, because of the unique physical characteristics of that area, more intensive planning is necessary for the purposes set forth in section 7.

Metropolitan county planning commission; designation; powers.

(1) A county board of commissioners may designate the county planning commission as the metropolitan county planning commission. A county planning commission so designated shall perform metropolitan and regional planning whenever necessary or desirable. The metropolitan county planning commission may engage in comprehe…

Master plan; adoption; procedures; notice; submittals; use of electronic mail.

(1) A master plan shall be adopted under the procedures set forth in this section and sections 41 and 43. A master plan may be adopted as a whole or by successive parts corresponding with major geographical areas of the planning jurisdiction or with functional subject matter areas of the master plan. (2) Before prepari…

Preparation of proposed master plan; submission to legislative body for review and comment; approval required; notice; submission of comments; statements as advisory.

(1) After preparing a proposed master plan, a planning commission shall submit the proposed master plan to the legislative body for review and comment. The process of adopting a master plan shall not proceed further unless the legislative body approves the distribution of the proposed master plan. (2) If the legislativ…

Proposed master plan; public hearing; notice; approval by resolution of planning commission; statement; submission of copy of master plan to legislative body; approval or rejection by legislative body; procedures; submission of adopted master plan to certain entities.

(1) Before approving a proposed master plan, a planning commission shall hold not less than 1 public hearing on the proposed master plan. The hearing shall be held after the expiration of the deadline for comment under section 41(3). The planning commission shall give notice of the time and place of the public hearing…

Extension, addition, revision, or other amendment to master plan; adoption; procedures; review and findings.

(1) An extension, addition, revision, or other amendment to a master plan shall be adopted by following the procedure under sections 39, 41, and 43, subject to all of the following: (a) Any of the following amendments to a master plan may be made without following the procedure under sections 39, 41, and 43: (i) A gram…

Part of county master plan covering incorporated area; adoption by appropriate city or village required; exception.

(1) Subject to subsection (2), a part of a county master plan covering an incorporated area within the county shall not be recognized as the official master plan or part of the official master plan for that area unless adopted by the appropriate city or village in the manner prescribed by this act. (2) Subsection (1) d…

City or village planning department; authority to submit proposed master plan, or proposed extension, addition, revision, or other amendment.

(1) This act does not alter the authority of a planning department of a city or village created by charter to submit a proposed master plan, or a proposed extension, addition, revision, or other amendment to a master plan, to the planning commission, whether directly or indirectly as provided by charter. (2) Subsection…

Public interest and understanding; promotion.

(1) To promote public interest in and understanding of the master plan, a planning commission may publish and distribute copies of the master plan or of any report, and employ other means of publicity and education. (2) A planning commission shall consult with and advise public officials and agencies, public utility co…

Construction of certain projects in area covered by municipal master plan; approval; initiation of work on project; requirements; report and advice.

(1) A street; square, park, playground, public way, ground, or other open space; or public building or other structure shall not be constructed or authorized for construction in an area covered by a municipal master plan unless the location, character, and extent of the street, public way, open space, structure, or uti…

Approval of construction project before effective date of act; rescission of authorization; failure of planning commission to act within certain period of time.

If the opening, widening, or extension of a street, or the acquisition or enlargement of any square, park, playground, or other open space has been approved by a township planning commission that was created before the effective date of this act under former 1931 PA 285 or by a city or village planning commission and a…

Capital improvements program of public structures and improvements; preparation; basis.

(1) To further the desirable future development of the local unit of government under the master plan, a planning commission, after adoption of a master plan, shall annually prepare a capital improvements program of public structures and improvements, unless the planning commission is exempted from this requirement by…