1. Priority and Urgent Legislative Action

a. Housing:

i. Local Government Authority for New Tools (write bills, respond to bills, for state legislative adoption, as opportunities arise).

1. Require a Housing Element of a master plan (H5557)
2. Accessory Dwelling Units (ADU’s)
3. Mandatory Minimum Parking
4. Minimum Lot Size
5. Minimum dwelling size
6. Minimum setbacks
7. Protest Petition
8. Revise Study Requirements for Development Plans
9. Duplex in SF Zones
10. Zoning Reform as an Alternative to Rent Control – Inclusionary Zoning

b. Other Pending or Expected to be Introduced Bills:

i. Short Term Rentals (STR) (bill number and sponsor)
ii. Dark Stores
iii. Sand and gravel
iv. Land Divisions (Hertel)

c. Continue participating on the Housing Michigan Coalition; recommend new housing bills as appropriate. Year 2 Priorities:

i. Single staircase design
ii. Six-plexes and less under residential code (instead of commercial)
iii. Employer housing tax credit

2. Disaster Emergency Temporary Response

Initially investigate options to simply and expressly permit municipalities to temporarily allow rapid emergency housing that may not be zoning compliant in response to tornados, floods, earthquakes or other natural or man-made disasters. This may mean allowing for existing dwellings to be used for more than one family (especially SFR families taking on homeless families due to the disaster without violating the zoning definition of “family”), or allowing the following example temporary relief options (among many others) on lands not presently zoned for that purpose: placement of temporary modular structures, construction of easily moved tiny houses, placement of containers for short term shelter modification, etc. Further and later investigation to consider a broader range of planning issues (e.g. transportation, other infrastructure) for which some zoning regulation suspension may be necessary.

3. Alternative Energy Siting

With Alternative Energy Siting Statute (PA 233) bills effective in early 2024, MAP continues to develop and advance potential modifications to rectify technical issues and severe loss of local control with siting of energy facilities in the new statute. MAP prepared to respond to “quick fix” recommendations for the MPSC.

4. Other Planning Issues

There are many issues of importance that the Law Committee has prioritized that, capacity permitting, and in partnership with other municipal organizations like MML and MTA, may emerge as priorities over the next two years. The most important are additional reforms to the MPEA to address everything from planning for affordable housing to ways to mitigate climate change. 

The law committee in 2021 and 2022 initiated new research procedures that will enable MAP to immediately respond when the environment in Lansing is conducive to advancing bills.  Research on the following topics will continue in 2025 and 2026, with bill language being developed as capacity permits, so that as openings in Lansing occur we will be ready with draft bill language in hand.  The following topics are being researched by law committee subcommittees.

1. Freedom of Information Act (FOIA)
2. Marijuana statutes (Consolidate medical and recreational into a single statute. Watch for problematic elements where only 1 is allowed). Current proposals automatically allow both.)
3. Land Division Act
4. Condominium Act
5. Right to Farm Act (RTFA)
6. Open Meetings Act (OMA)
7. Short Term Rentals

5. Legislative Bills | Tracking and Targeted Responses

The Law Committee, the MAP Executive Director, and our municipal partners monitor and track bills that require an organizational response.  Often we must respond or react very quickly.  The law committee develops responses, talking points, and suggests alternative language to improve bills, or reduce harm.  We research, write and send advocacy and education letters to bill sponsors, committee members, and individual legislators with our position.  We testify at committee meetings, meet with legislators to share our concerns and provide advice.  We send legislative alerts and calls for action to our members.  Our responses are based on adopted Board adopted MAP Land Use and Planning policies, when applicable; knowledge and expertise of law committee members; and what we learn from other experts.

a. Watch List

• Manufactured/Modular Housing – alternative ways to create, 3d printing
• Conditional Rezoning
• Drones
• Artificial Intelligence (AI) implications on restricting planning
• Other planning or zoning bills that demand response, especially those that preempt local control.

b. Tracking legislative bills that:

• Advance adopted MAP Land Use and Planning Policies
• Adversely impact local government authority
• Changes to planning and zoning statutes.

6. Corrective Amendments to the Michigan Zoning Enabling Act (MZEA) and Michigan Planning Enabling Act (MPEA)

The Planning Law Committee over the last 5 years reviewed and has prepared amendments to the MZEA and MPEA to address problems experienced at the local level, or in response to court cases, or to introduce alternative best practices. The MZEA conducted stakeholder meetings with MML and MTA attorneys and lobbyists to review the draft MZEA amendatory language; and developed a refined draft bill to advance through the state legislature (along with necessary linked amendments to the MPEA).  Assuming there is a safe opportunity for consideration, the top legislative priority for 2025 - 2026 is to move these two draft bills forward by the following means.

1. Reach out to other organizations like MEC, Farm Bureau, and State Agencies as appropriate for their review and support,
2. Request MML and MTA to vet the draft bills with their internal committees
3. Identify bill sponsors, bi-partisan
4. Determine if the changes will be advanced as a whole, or in parts
5. Work with other organizations including MML and MTA to advance the changes through the legislature.

7. Direct Advocacy in Court on Behalf of Court Cases

From time to time, MAP is called upon to support lawsuits involving planning or zoning cases. We can contribute our knowledge and expertise, as well as testimony as appropriate. MAP capacity is limited to participate in the writing of Amicus Briefs and each effort is a huge commitment. MAP will consider requests for Amicus Brief support as they emerge. MAP will monitor court cases and develop amicus briefs as appropriate.

1. MZEA  

The Planning Law Committee over the last 3 years has integrated the B and C changes into the  MZEA; conducted stakeholder meetings with MML and MTA; and developed a final draft bill to  advance through the state legislature (along with necessary linked amendments to the MPEA).  The top legislative priority for 2021 is to move the bill(s).  

1. Identify bill sponsors, bi-partisan 
2. Determine if the changes will be advanced as a whole, or in parts 
3. Work with MML and MTA to advance the changes through the legislature. 

2. Other Planning Issues  

There are many issues of importance that the Law Committee has prioritized that, capacity permitting, and in partnership with other municipal organizations like MML and MTA, may emerge as priorities over the next two years. The most important are other reforms to the  MPEA to address everything from planning for affordable housing to ways to mitigate climate change. As the opportunity presents itself, and in no particular order, are also desired  refinements/reforms to the: 

1. Land Division Act 
2. Condominium Act 
3. Right to Farm Act (RTFA) 
4. Freedom of Information Act (FOIA) 
5. Open Meetings Act (OMA) 
6. Regional Planning  
7. Marijuana statutes 
8. School siting 

3. Legislative Bills Tracking and Targeted Responses 

The Law Committee, the MAP Executive Director, and our municipal partners monitor and track  bills that require an organizational response. Often we must respond or react very quickly. The  law committee develops responses, talking points, and alternative language. We research, write and send advocacy and education letters to bill sponsors, committee members, and individual  legislators with our position. We testify at committee meetings, meet with legislators to share  our concerns and provide advice. We send legislative alerts and calls for action to our members.  Our responses are based on adopted MAP policies, knowledge and expertise of law committee  members, and what we learn from other experts.  

1. Current bills being monitored:
   1. Short Term Rentals (STR)
   2. Sand and gravel
   3. Billboards 
   4. Other planning or zoning bills that demand response, especially those that erode local control.
2. Tracking legislative bills that:
   1. Adversely impact local government authority 
   2. Changes to planning and zoning legislation. 

4. Direct advocacy in court on behalf of court cases. 

1. From time to time MAP is called upon to support lawsuits involving planning or zoning  cases. We can contribute our knowledge and expertise, as well as testimony as  appropriate. MAP capacity is limited to participate in the writing of Amicus Briefs and  each effort is a huge commitment. Amicus Briefs have included: 
   1. Kyser v Kasson Twp. 
   2. F.P. Development v Canton Township (litigation ongoing).  
2. Future action to activate and grow the Planning Advocacy Network (PAN). c. Future action to fund Amicus Brief activity 

5. Input and Support as Appropriate to MAP Board Policy Priorities (2021 – 2022 )

1. Housing: 
   1. Local Government Use of Existing tools 
   2. Self-help evaluation of existing codes, and impacts on affordable housing.  Audit? Undermining the provision of AH? Housing Ready Check list (Housing North), AARP list and AARP. 
   3. Paper on regulatory reform of existing tools.
   4. Local Government Authority for New tools (write bills for state legislative  adoption, as opportunities arise). 
   5. Monitoring of Housing Michigan Coalition Bills HB 4289 and HB 4290, and  advocating for passage as appropriate. 
2. Climate Change: 
   1. Review APA Climate Change Policy Guide 
   2. Identify possible state legislative changes 
   3. Draft potential bills
   4. Find partners 
   5. Review and comment on Government Relations Committee climate change  policy documents 
      1. Climate migration
      2. Freshwater coast