Agenda - Planning Commission - 09/07/1999

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Page 2--July 10,1999 Z,go Zoning Powers -- State agency claims it doesn't have to comply with local zoning regulations MICHIGAN (6/2/99) -- The Michigan Department of Natural Resources (DNR) took title to two lots on Burt Lake, planning to build a public boat launch. The Burt Township zoning administrator learned of the plan and sent the DNR a letter pointing out that the township had not approved the project. The zoning administrator asked the DNR to seek the township zoning board's approval for the project. The DNR responded that it didn't need the board's approval because it was a state agency to which local zoning ordinances didn't apply. The township sued the DNR, asking the court to declare that the state agency had to comply with its zoning regulations. The township voluntarily dismissed the lawsuit after the DNR said it didn't have the money to complete the boat launch. The township also believed it had reached an informal agreement with the DNR regarding the scope of the project if the agency should choose to pursue the project when it got the funds. Three years later, the DNR got funding and began building the boat launch, It never sought the township's approval. The township sued the DNR again, seeking a declaration that the DNR had to comply with its zoning ordinance. The township also sought a court order prohibiting the agency from building the boat launch. Under Michigan law, whether a state agency was immune from local zon- ing ordinances depended on whether the Legislature meant for the agency to be immune. The township claimed the DNR wasn't immune from local zoning ordi- nances because the state Legislature gave townships significant authority to regulate the use and development of boating and recreational facilities. The state Township Rural Zoning Act gave townships the authority to regulate land development "to meet the needs of the state's citizens ,.. for recreation ... and other uses of land." The Legislature also gave townships the power to conserve natural resources. The DNR claimed the statutes that gave it the authority to build the boat launch showed a clear legislative intent that it had absolute authority to pro- vide public access facilities on inland lakes -- to the complete exclusion of municipal zoning authorities. One.such statute mandated that the DNR protect and conserve natural resources and provide outdoor recreation facilities. An- other gave the agency the power to acquire, build, and maintain harbors, chan- nels, and facilities for boats traveling navigable waters. The court found that although the township couldn't prevent the DNR from building the boat launch, the DNR still had to comply with the township's zoning ordinances. The DNR appealed, and an appeals court affirmed. The DNR appealed to the Michigan Supreme Court. DECISION: Affirmed. The township couldn't prevent the~ DNR from building the boat launch, but !