STATE LEGISLATURE EVALUATING ZONING LAW MODIFICATIONS LIMITING LOCAL CONTROL

Bills relating to short term vacation rental and gravel mining zoning regulations test competing principles of government.

The Michigan legislature is evaluating two laws relating to local zoning ordinances.

This article describes efforts to preempt local communities from regulating gravel mining.

This article discusses legislation to limit communities from restricting short term vacation rentals.

Laws like these force legislators to prioritize principles that are often complementary but are competing in these instances. These laws get to the heart of the debate about whether private property rights versus the impacts on neighboring properties are more important. They also relate to whether decisions should be made by larger, centralized government or left to local control. The mining debate also implicates the balance between environmental preservation versus the economy, particularly since mined sand and gravel are used for public infrastructure projects and transportation costs are a large percentage of the cost of the products.  

Regardless of where the power to regulate these issues is vested, there may be private remedies available to aggrieved neighboring property owners. For example, Michigan law recognizes that neighbors may sue neighbors to enjoin certain uses that constitute nuisances.

I have handled zoning and nuisance issues generally and been involved in matters relating to gravel mines and vacation home rentals. If you have any questions, please feel free to contact me.