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San Lake commissioners warn of divergent township approaches to comply with Michigan Public Act 233
Summary
Commissioners discussed how townships are taking different approaches to comply with Michigan Public Act 233 before its end-of-November effective date, including overlay-district zoning and retaining older ordinances; they said such tactics are likely to be litigated and urged coordination with legislators.
The San Lake County Board of Commissioners spent a substantial portion of its Oct. 15 meeting discussing how local townships plan to respond to Michigan Public Act 233, which takes effect at the end of November.
Commissioners said townships are pursuing different tactics: some are adopting PA 233 standards but restricting development to designated overlay districts, while others plan to keep existing ordinances and seek a "workable ordinance" path. A commissioner said those choices are likely to face legal challenge and "get squeezed through the court system" to determine the scope of local authority under the new law.
The discussion grew out of reports from recent township planning meetings and a regional MAX 7th district briefing. MAC staff, the commissioners said, described PA 233 as "a poorly written bill" and flagged the possibility of a legislative cleanup bill that could alter how municipalities and counties exercise zoning authority under the statute. Commissioners said the direction of any cleanup legislation will depend on changes in the legislature.
Commissioners also agreed to invite State Rep. Greg Alexander to a January MAX meeting so local officials can convey their concerns directly to legislators. The regional meeting is planned as a virtual session on Jan. 22, 2025, if scheduled.
Administrator Nathan told the board he would build contingency items into the county budget in case litigation or other costs arise from PA 233 implementation.
The board did not take formal action on zoning policy at the meeting; commissioners said they will continue monitoring MAC analyses and any proposed state cleanup legislation before deciding on county-level steps.
