2010 Michigan Townships Association Educational Conference Session

Thank you to everyone who attended our recent session on regulating small wind turbines at the recent Michigan Townships Association conference in Grand Rapids. Click here to view our PowerPoint presentation, and to download the handout materials. Click here to contact Mr. Nanney directly with any additional questions.

The following was adapted from an update prepared by Kurt Schindler at MSU-Extension; reprinted with permission from the author:

The Michigan Commission on Agriculture has adopted a new Generally Accepted Agricultural Management Practice (GAAMP) for farm markets (effective January 2010).

NOTE:  Under Michigan’s sweeping Right to Farm legislation, if the subject is covered by GAAMP standards issued by the Michigan Department of Agriculture, then it entirely preempts local zoning, including any special use approval or prohibition of the land use!

What is a “farm market” under the new GAAMP?

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The following case summary was adapted from one prepared by Kurt Schindler at MSU-Extension; excerpts reprinted with permission from the author. The Zoning Guru chose this case because it answers the $Million question elected officials face when confronted with a development-related lawsuit:

“Do we defend our master plan?“

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Earlier this year President Obama’s federal “stimulus program” swept across the country offering federal funding to jump start “shovel-ready” capital improvement projects.

This highlighted the ongoing need for local governments to be more nimble and able to respond without delay to new economic development and community building opportunities. For long-term success, local governments must do more than simply respond and react.

An up-to-date capital improvements program (CIP) is a tool local governments can use to plan for major expenditures, to ensure that public funds are used wisely and as efficiently as possible, and most importantly – to be prepared with “shovel-ready” projects when unexpected sources of funding appear!

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UPDATE 4:

Here is an example of how ONE PERSON can make a difference:  Senate Bill 726 (substitute S-1) to remove the option for youth under 18-years-old to have a place on local planning commissions has been approved by the Michigan Senate and sent over to the state House with something more than…
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The following case summary was adapted from one prepared by Kurt Schindler at MSU-Extension; excerpts reprinted with permission from the author.  For the Zoning Guru, this case raises an important question for planners and zoning administrators:

“Do you know what’s in your zoning ordinance?“

Court: Michigan Court of Appeals (Unpublished No. 283202, March 17, 2009)

Case Name:  Richie v. Gladwin County

Background:

Mr. Ritchie (the plaintiff) removed a barn from his square (four sides of equal length), corner lot at Highwood and Hay Roads in Gladwin County, and constructed a quonset hut on the barn’s foundations.

“At issue was whether the portion of plaintiffs’ property on Hay Road was…

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Three types of land divisions are permitted under Michigan law:

Land developers “created” the most recent type of land division using Michigan’s Condominium Act (Public Act 59 of 1978, as amended) to establish a popular form of development known as:

1.  Site condominiums.

In addition, the Land Division Act  (Public Act 288 of 1967, as amended) allows two more “traditional” types of land divisions:

2. Subdivision plats; and

3.  Metes and bounds or “unplatted” lot splits.

This article will focus on metes and bounds land division, which is a method of describing land using:

• references to the Michigan township and range system and county division;
• local geographic characteristics;
• a point of beginning (and ending) of the legal description, which must “close” to form a polygon;
• directions of bearing (compass directions and degrees);
• distance measurements along parcel boundaries; and
• land area enclosed by the legal description.

This is the basis for many rural legal descriptions of property, which may look something like this: (more…)