Tag Archives: Local Control

Action Needed – Qualified Residential Treatment Facilities Preemption Vote

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Municipalities may soon have no zoning authority or ability to require a special use permit for qualified residential treatment programs in all residential zoning districts. We are anticipating a vote today on House Bill 5981 and ask you to call your state senator in opposition. While HB 5981 was not listed on the agenda, we have word it will be up today for a vote.

Qualified residential treatment programs (QRTP) are child-caring institutions with trauma-informed treatment, requiring medical staff 24 hours a day, 7 days a week, and can house up to 25 individuals per location.

House Bill 5981 would make QRTPs a residential use of property for the purposes of zoning and a permitted use in all residential zones, not subject to a special use or conditional use permit or procedure different from those required for other dwellings of similar density in the same zone. The bill would prevent a municipality from requiring any type of buffering to decrease the intensity of the use in residential neighborhoods or parking requirements. Contrary to information provided to some legislators, the bill is not required by federal law nor does federal law preempt local zoning authority for these facilities.

Please call your state senator and tell them to OPPOSE HB 5981 if it comes up for a vote today.

Jennifer Rigterink is the League’s assistant director of state and federal affairs handling economic development, land use and municipal services issues. She can be reached at jrigterink@mml.org or 517-908-0305.

ORV Legislation Signed by the Governor

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With the help of the Michigan Municipal League the Governor signed three pieces of legislation that improve access and local control over the use of ORVs in Michigan.

Senate Bill 50 would allow the DNR to create free ORV riding days. These would be similar to the free fishing weekends currently established by the DNR and would allow riders to use Michigan’s trail system without purchasing a license.

House Bill 4284 would establish a process for local units of government to approach MDOT with a request allowing ORV use on State Trunklines within their jurisdiction. It would also limit MDOTs ability to designate State Trunklines for ORV use for the purpose of connecting trails for access to food, fuel, or lodging, without consulting with the affected local units of government.

House Bill 4299 would expand the ability of a local unit of government to pass an ordinance allowing or preventing the use of ORVs on roadways under their jurisdiction in all 83 counties.

Through discussion with the sponsors of these bills all of the League’s requests to protect local control were met resulting in support from the League on these bills.

John LaMacchia is a Legislative Associate for the League handling transportation and infrastructure issues. He can be reached at jlamacchia@mml.org or 517-908-0303.

ORV Legislation Another Step Closer to the Governor’s Desk

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This week the the Senate Committee on Natural Resources, Environment and Great Lakes moved three bills designed to help expand ORV use in Michigan for residents and tourists.

Senate Bill 50 would allow the DNR to create free ORV riding days. These would be similar to the free fishing weekends currently established by the DNR and would allow riders to use Michigan’s trail system without purchasing a license.

House Bill 4284 would establish a process for local units of government to approach MDOT with a request allowing ORV use on State Trunklines within their jurisdiction. It would also allow MDOT to designate State Trunklines for ORV use for the purpose of connecting trails or for access to food, fuel ,or lodging.

House Bill 4299 would expand the ability of a local unit of government to pass an ordinance allowing or preventing ORVs on roadways under their jurisdiction to all 83 counties.

Through discussion with the sponsors of these bills the League has worked to improve our communities local control over ORVs while maintaining high safety standards for riders, increasing access to trails and promoting tourism in Michigan.

John LaMacchia is a Legislative Associate for the League handling Transportation issues. He can be reached at jlamacchia@mml.org or 517-908-0303.