“I know of no safe depository of the ultimate powers of the society but the people themselves, . . .

. . . and if we think them not enlightened enough to exercise their control with wholesome discretion, the remedy is not to take it from them, but to inform their discretion.”

Bringing Knowledge to Life

2004 Land Use Legislation

The first legislation from

Governor Jennifer M. Granholm’s

Land Use Leadership Council

2004 Land Use Legislation

Urban Collaborators… MSU, MSUE

In collaboration with:

Environmental and Natural Resources Advisor Dana Debel, to Governor Jennifer Granholm.

Adesoji O. Adelaja, Hannah Distinguished Professor in Land Use Policy

Authors• Noncontiguous Open Space (TDR)

– Dean Solomon, District Natural Resources Agent, Kellogg Biological Station (solomon@msue.msu.edu)

• Several graphics prepared by Rod Cortright, Charlevoix County Extension Director, Land Use Area of Expertise (cortrigh@msue.msu.edu)

• Land Bank– Zenia Z. Kotval, Co-Director, Urban Planning Partnerships (kotval@msu.edu)– June Thomas, Professor, Urban & Reg. Planning and Co-Director, Urban

Collaborators (thomasj@msu.edu)– And additional materials by Genesee County Treasurer Daniel T. Kildee

(http://www.co.genesee.mi.us/treasurer/index.htm)

• Joint Planning Act & Blight Regulations– Kurt H. Schindler, Wexford County Extension Director, Land Use Area of

Expertise (schindlk@msue.msu.edu)

• Brownfields – Lisa Szymecko, JD, Specialist, Department of Civil and Environmental

Engineering (szymecko@egr.msu.edu)– Phil Davis, Ph.D., Director, Victor Institute for Responsible Land

Development and Use (victorin@msue.msu.edu)

Today’s Presenters

• Insert here

What We Will Cover

• Joint Municipal Planning Act

• Noncontiguous Open Space (TDR?)

• Fast Track Land Bank

• Blight

• Brownfields

Michigan Land Use Leadership Council

• These Public Acts are the first to come from Governor Granholm’s Land Use Leadership Council.

• Expect more to come.

Joint Municipal Planning Act;

P.A. 226 of 2003

M.C.L. 125.131 et. seq.

(HB-4284)

Why Joint Planning?

• Need for Coordination in Michigan– The Relative Risk Analysis Project

(1992) concluded “lack of integrated and coordinated land use planning” was one of the top environmental problems in Michigan.

• Michigan Department of Natural Resources (Public Sector Consultants, Inc.); Relative Risk Analysis Project; July 30, 1992.

Why Joint Planning?

• 1,858 Governments with possible planning and zoning authority.– 1,242 Townships in Michigan.– 258 Villages.– 275 Cities.– 83 Counties.

• Compared to other states with 300± to 400± governments with planning and zoning authority.

Coordination is an Attitude Thing.

• If people want to make it happen it will work.

• The issue now is for this to become the new practice in Michigan.

Why Joint Planning?

• There are many issues and topics which can not be dealt with in a small area, (village, city or township).

• To be effective, it must be done at a larger geographic scale.

Economic Development• Economic development involves a larger

areas than a municipality (village, township and most cities).– Jobs and location of people employed is a

labor market area; often an entire county or multiple counties.

– Coordinated planning is needed to be as effective as possible for economic development: worker training, housing, new industrial sites

Ground/Surface Water• One community can have a very

good system in place to protect a river, lake or groundwater.

• But water does not stop at the political boundary.

• Coordinated planning at a watershed (or ground-watershed) level is critical for long term success.

Other topics for Multi-Government Cooperation

• Natural features (lakes, rivers): Often

touch more than one municipality.

• Technology for farming, mining, pipelines, radio

transmissions: Cross municipal boundaries.

• Transportation (roads, trails, billboards, parking,

scenic vistas): Include multiple municipalities.

• Major developments: Have impacts on more than

just one municipality (traffic, lights, etc.) reference, relevant portions of other plans adopted by other agencies and governments.

• Can you think of others?

Planning Statutes (amended in 2001)

• Planning coordination is now a part of the township, village and city, and county planning enabling acts (2001 Amendments).

• So a process is in place.

• Now supplemented even further with Joint Municipal Planning Act.

Joint Municipal Planning Act*

• Purpose:– Joint land use planning, and– Joint exercise of certain zoning

powers, and – Conduct other duties by local units of

government, and; – Ability to establish powers, and duties

of joint planning commissions.

*P.A. 226 of 2003, Joint Municipal Planning Act, M.C.L. 125.131 et. seq.

Joint Municipal Planning Act

• Applies to City, Village and Townships (“municipalities”)– (Not Counties).

• Two or more municipalities may each adopt an ordinance approving an agreement establishing a joint planning commission.

Created by Agreement• Agreement shall specify at least all of

the following:– The composition of the joint planning

commission, including any alternate members.

• The qualifications,– the selection by election(!) or – the selection appointment,

• and the terms of office of members of the joint planning commission.

Joint Planning Agreement

– Conditions and procedures for:• removal from office of members of the

joint planning commission and• filling vacancies in the joint planning

commission.

– How the operating budget of the joint planning commission will be shared by the participating municipalities.

Joint Planning Agreement

– The jurisdictional area of the joint planning commission:

• which may consist of all, or • which may consist of part

– of the combined territory of the participating municipalities.

Joint Planning Agreement

– Procedures by which a municipality may join or withdraw from the joint planning commission.

– The planning act whose procedure will be followed to adopt a plan, etc. (a planning act that is applicable to at least 1 participating municipality:

• P.A. 285 of 1931, as amended, being the City or Village Planning Act, M.C.L. 125.31 et. seq.

• P.A. 168 of 1959, as amended, being the Township Planning Act, M.C.L. 125.321 et. seq.).

Joint Planning Agreement

– The zoning act whose procedure will be followed for zoning (a zoning act that is applicable to at least 1 participating municipality.)

• P.A. 207 of 1921, as amended, being the City and Village Zoning Act, M.C.L. 125.581 et. seq.

• P.A. 184 of 1943, as amended, being the Township Zoning Act, M.C.L. 125.271 et. seq.).

– Any additional provision on powers, duties of a zoning board or zoning commission that the zoning act authorizes.

Other stuff: Powers

• Section 7:– All the powers and duties of a planning

commission are transferred to the joint planning commission. Must follow procedure in chosen act.

– All the powers and duties of a zoning board are transferred to the joint planning commission. Must follow procedure in chosen act.

Other Stuff: Territory

• If only part of the territory of a municipality is in the jurisdictional area of a joint planning commission:– the municipality may adopt a zoning

ordinance that affects only that portion of its territory.

Other Stuff: Election

• Zoning ordinance, or amendment, is subject to petition; placing it on the ballot (the same way it is done as if it is a township zoning ordinance).

• If a municipality has a charter with right of referendum on municipal ordinances, then in that municipality, the charter referendum provisions, apply.

Other Stuff: OMA, FIA

• Meetings shall be conducted in public: complying with Open Meetings Act.*

• Written records, materials, files, etc. are subject to the Freedom of Information Act.**

*M.C.L. 15.261 to 15.275.

**M.C.L. 15.231 to 15.246.

Open Space Amendments

P.A. 227-229 of 2003.

Amends:

City and Village Zoning Act, M.C.L. 125.581 et. seq.

Township Zoning Act, M.C.L. 125.271 et. seq.

County Zoning Act, M.C.L. 125.201 et. seq.

Roa

d openspace

2003 Open Space 2003 Open Space Zoning AmendmentsZoning Amendments

• PA 227 – City/Village Zoning Act.

• PA 228 – Township Zoning Act.

• PA 229 – County Zoning Act.

What is Open Space What is Open Space Development?Development?

Conventional Development.

Same number of homes.Open space.

Open Space Option.

Open Space ZoningOpen Space Zoning2001 Amendments2001 Amendments

If This Is Allowed By Right. Then So Is This.

Applies to many, but not all townships, cities and villages.

50 percent open space minimum.

Open Space ZoningOpen Space Zoning2001 amendments2001 amendments

Preserve natural resources

Natural features

Woodlands

Scenic areas

Agriculture

Open space

Trails

Play areasGolf Courses

“Undeveloped State”

Implementing Open Implementing Open Space DevelopmentSpace Development

Planned Unit Development

(PUD)

Planned Unit Development

(PUD)

Other open space development

zoning ordinance provisions

Other open space development

zoning ordinance provisions

New zoning act open space amendments apply here.

PUD Open Space Zoning PUD Open Space Zoning 2003 Amendments2003 Amendments

“Unless explicitly prohibited by the planned unit development regulations, if requested by the landowner, a township* may approve a planned unit development with open space that is not contiguous with the rest of the planned unit development.”

* also applies to counties, cities and villages.

PUD Open Space Zoning PUD Open Space Zoning 2003 Amendments2003 Amendments

• The problem:– Many ordinances treat adjacent parcels as

single lot for zoning purposes.– But some do not.– Creates challenges for developers seeking

open space developments.

• The solution:– Allow open space on noncontiguous

parcels.

A Simple ExampleA Simple Example

Conventional Development

Open spacedevelopment

50 percent

Contiguous Noncontiguous

separate parcels

A Simple ExampleA Simple Example

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openspace

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PUD Open Space Zoning PUD Open Space Zoning

2003 Amendments2003 Amendments• Applies to PUDs only.• Unless explicitly prohibited in zoning

ordinance, open space may be in non-contiguous parcels as part of the PUD.

• Must be requested by landowner.• Landowner must own or have interest

(development rights) for both parcels.

Noncontiguous Noncontiguous ParcelsParcels

openspace

Roa

dopenspace

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PUD Open Space PUD Open Space Zoning Zoning

2003 Amendments2003 Amendments• Things to consider…

– Will noncontiguous open space maintained in perpetuity?

– Will noncontiguous open space be accessible to PUD residents?

• Some planners and attorneys interpret the new law to…– give local governments that authority

to transfer development rights from one area to another.

– never before explicitly part of enabling legislation.

• This interpretation has not been tested.

Transfer of Transfer of Development Rights Development Rights

(TDR) Authority?(TDR) Authority?

Transfer of Development Transfer of Development RightsRights

TDR authority…the logicTDR authority…the logic

• If open space can be non-contiguous, could it be on the other side of the community?

• If so, isn’t the net effect to allow density to be transferred from one area to another?

• Isn’t that the same as transfer of development rights?

Open space

Higher densitydevelopment

Transfer of Development Transfer of Development RightsRights

Density transfer

TDR with PUD TDR with PUD amendmentsamendments

• Community TDR plan:– identify sending zones and receiving zones.

• PUD standards:– Procedures.– Approval standards.– Density calculation.– Permanent dedication requirement.

• Transfers within single governmental unit only:– Opportunities with multi-jurisdictional transfers

using joint planning commissions?

• Consult your attorney!

Transfer of Development Transfer of Development RightsRights

Receiving zone

Sending zone

BREAK

Land Bank Fast Tract Act

P.A. 258 of 2003

M.C.L. 124.751 et. seq.

(HB 4483 & 5 other bills amending parts of other acts)

Land Banking

The practice of acquiring land and holding it for future use

Why is it Important?• Public control of land is often desirable as a

strategy to eliminate blight, dangerous conditions or havens for criminal activities.

• Municipalities are sometimes hesitant to acquire land because ownership raises the specter of liability, including environmental liability for "brownfield" sites.

• Tax reverted properties often contribute to urban or other community decay.

Why is it Needed in Michigan?• Reform legislation enacted in 1999 was overly

complicated and still required 5 or 6 years between delinquency and foreclosure.

• At the time legislation was considered in 1999, title companies indicated that 65% of tax reverted properties lacked marketable title.

• Some large cities developed huge backlogs; 50,000 parcels in Detroit in 1998.

• Counties use the 1999 legislation, but not all counties choose to handle tax delinquency at the county level.

• Genesee County uses the legislation with the Urban Cooperation Act to have a Land Bank.

The Basic Problem: A Hypothetical Scenario

• 1995—a person dies and leaves no clear heir, or simply must move and can’t find buyer or capable renter.

• Owner or Survivor can’t sell property or can’t pay taxes.

• The County begins a long process of trying to get taxes paid and get property . . .

• YEARS go by; property goes to State but not until . . .

The Basic Problem: A Scenario

• Years later does it come back to County or City, by which time it’s . . .

• Dilapidated, blighting to the neighborhood, a danger, unmarketable.

• What should be done with land or cleared site?

• Consider cumulative effects of several such houses.

The Potential: Genesee County

• Flint population fell from 193,000 in 1970 to 120,000 in 2000.

• Over 12% of housing stock empty in 2000.• Abandoned properties transferred to

private speculators or became state-owned through foreclosure; 5 year span.

• Contiguous blight.• No way to intervene for local families.

Results: Genesee County

• Got outside funding and consultants to help develop a way to use legislation.

• In first two years after 1999, county took title to 2,500 parcels, 5% of land in county.

• In first two years, county brought in $2.6 million from:– increased delinquent tax fees surplus

dedicated to the land bank,– land sales.

Results: Genesee County

• In first two years, set up program which saved from foreclosure:– 890 families (in homes they own); – 130 families in rental housing (tenant

managed).

• both assisted by MSUE.

More Results: Genesee County

• Side lot transfers and city lot preparation for redevelopment.

• 140 foreclosed tenant-occupied.• properties owned by land bank are now

managed by non-profit housing agencies.• The County’s Treasurer, Dan Kildee,

helped fashion the new bills!

What is required for Land Banking?

• Set up the Land Bank Authority. – State of Michigan, – A county foreclosing governmental unit

(32 counties),– City of Detroit, – Any municipality(ies) based on an

agreement with their county or with the state, if appropriate.

What is required for Land Banking?

• Municipality and/or county must have the capacity to:– rapidly gain control of deteriorated property,– assemble larger tracts of land,– hold land in anticipation of development without

incurring substantial liabilities,– dispose of land to individual property owners, and

nonprofit and for profit groups without going through cumbersome proceedings, while still fulfilling the function of protectors of the public treasury and principal land use regulators.

Land Bank Legislation

• Governor Granholm, January 4, 2004, signed a bipartisan package of legislation intended to help urban communities.

• The six-bill, bipartisan Land Bank Fast Track Authority legislation presents an innovative approach to relieving the state and local units of tax reverted parcels. 

• The land bank authorities would undertake expedited action to clear titles and then ensure redevelopment of the properties, helping urban communities revitalize neighborhoods and business districts.

The Legislative Package

The package contains 6 tie-barred bills:• HB 4480 allows a fast track authority to take land

and put it into an established brownfield plan.  The governing body of the local unit of government must approve the placement of the land into the brownfield plan.

• HB 4481 exempts property sold by the authority from general property taxes for five years.

• HB 4482 subjects property sold by the authority to a specific tax at the same rate of the general property taxes for five years.  One-half of the revenue from this specific tax would fund title clearance and land disposition costs.  The remaining half would be earmarked for local and state collecting units on a pro-rata basis.

The Legislative Package (2)

• HB 4483 creates the Land Bank Fast Track Act and authorizes an Authority to assemble property for sale or lease 

• HB 4484 establishes the procedure that the foreclosing unit of government searches for land owners to provide notification of future foreclosure.

• HB 4488 allows the State Treasurer to invest surplus funds in loans to RFTAs at the market rate of interest for the purpose of clearing title to tax reverted property held by the RFTA.  The loan shall not be for a period over ten years.

Key Bill: H. B. 4483 • House Bill 4483 (H-3) enacts the Land Bank

Fast Track Act,* which:– Creates the State Land Bank Fast Track Authority and

provides for the creation of county and local land bank authorities,

– Establishes procedures for an expedited quiet title and foreclosure action,

– Allows an authority to acquire, buy, lease, demolish or rehabilitate property,

– Allows a county or city to make a tax pledge to support its bonds,

– Creates the Land Bank Fast Track Authority Fund,– Repeals the Tax Reverted Property Emergency

Disposal Act.

*P.A. 258 of 2003, M.C.L. 124.751 et. seq.

Early Concerns with H. B. 4483 (House Analysis)

• HB 4483 was to give land bank authorities great power subject only to prohibitions about condemnation, levying taxes, casinos.

• Property owned by land bank would be tax-exempt; would this deprive municipalities of tax revenue?

• Is proper notification going to be given to property owners?

Creation and Powers of the Landbank Authority

• This bill creates the new land banking authority within the Dept. of Labor and Economic Growth (formerly Consumer and Industry Services).

• A county or qualifying city could enter into an agreement with the state authority for the creation of an authority.

• The authority has the power to borrow money and issue bonds and notes.

• The authority could not use eminent domain to condemn land, levy any taxes or assessments or develop a casino.

Purchasing Powers

• An authority can purchase property for any purpose, including:– To use or develop the property it acquired.– To facilitate the assembly of the property for

sale or lease to another public or private entity.

– To protect or prevent the extinguishing of a lien, including a tax lien, held by the authority or imposed on its property.

Implementation Powers

• An authority can do the following with land it holds:– Grant or acquire a license, easement or

option.– Fix, charge, and collect rent, fees and

charges.– Pay any tax or special assessment due– Take action required to clear or quiet title to

establish ownership.– Remediate environmental contamination.

Quality of Life Violations

City enforcement Bureau

P.A. 316 of 2003

M.C.L. 117.4l & 117.4q

This section applies to cities only

The Problem

• In mid 1990s the “municipal civil infractions” method of enforcement was adopted.

• Now communities are struggling with major backlogs (months, years) before district court hears the case.

• Court gives civil infractions a low priority.• Civil infraction maximum penalty of $500

is too low.

Quality of Life Violations

• Several Acts: To set up an enforcement bureau for violations of ordinances which deal with quality of life.– Applies only to cities.

Applies Only to Certain Ordinances:

• building or construction codes (including elevator, escalator, electrical, mechanical, and plumbing codes);

• building or property maintenance or conditions in buildings or on premises related to health and safety;

• zoning; • fire prevention;• illegal dumping and

disposal of solid waste;• noxious weeds; and• vehicle abandonment,

inoperative vehicles, and vehicle impoundment.

Can Not be Used For:

• Civil infractions under the motor vehicle code, uniform traffic code, or provisions that allow for control of traffic in parking areas.

• Actions which are a crime under specifically listed statutes.

• Have jurisdiction over criminal offenses, traffic infractions, municipal or state civil infractions.

Administrative Hearing Bureau• A city can set up a Bureau (by adopting

an ordinance) to:– adjudicate,– impose sanctions,– accept admissions of responsibility for quality of life violations,

and– collect civil fines and costs.

• Maximum civil fine of $10,000.• Can not impose a penalty of incarceration.• City must bear the costs of running the Bureau.

Detailed Requirements to Operate and Run Bureau

• Need a lawyer to set up the bureau and create operating procedures.

• Accused:– pays the fine listed on the notice of, or– appears before the Bureau to admit responsibility,– appears before the Bureau to admit responsibility with explanation,– appears before the Bureau to deny responsibility.

• Fail to appear: judgment made in their absence.• Must have procedures to set aside an entry of

decision and order of default.

Hearing procedures are detailed in the statute.

• Accused has to have opportunity for a hearing.– Can be represented by counsel, present witnesses, cross-

examine witnesses.– Formal technical rules of evidence would not apply.

• Hearing officer must be an attorney.– In practice in Michigan for 5+ years,– appointed according to a city’s charter,– complete the training program prescribed in the statute.

• Can appeal decision to circuit court, if done within 28 days.

Tie-Bared (related) Legislation

• City obtain a lien against property for quality of life violation (if fines are not paid). (HB5217 amends Home Rule City Act (M.C.L. 117.4r))

• City can set up such a Bureau. (HB5218 amends Home Rule City Act (M.C.L. 117.29))

• Bureau has court jurisdiction needed. (HB5219 amends the Revised Judicature Act (M.C.L. 600.8313))

• Zoning violation can be handled in the Bureau (HB5220 amends

the City and Village Zoning Act (M.C.L. 125.587)) if the city designates zoning violations:– A municipal civil infraction,– Imposes a civil fine,– Designate the violation as a quality of life violation.

Michigan’s Brownfield Program

PA 252 of 2003

Amends M.C.L. 257.803-257.811

(SB 805)

Agenda: Brownfields

• Brownfield definitions.

• Brownfield claims.

• Brownfield State and Federal Legislation.

• Resources – Victor Institute for Responsible Land Development and Use, MSUE.

What is a Brownfield?• Vacant or underused commercial or

industrial property where environmental, economic and social obstacles hinder use and redevelopment (US EPA).

• States vary in definitions.• Most contain low to moderate levels of

contamination .

Michigan Brownfields• In Michigan, any property with contamination

above residential standards is a brownfield:– Funding: property has the potential for

redevelopment.– Michigan legislation: commercial, industrial

and residential properties.– Core Communities: functionally blighted or

obsolete buildings can use brownfield funds.

Michigan Core Communities

• Defined under Public Act 146 of 2000 (M.C.L.

125.2781 to 125.2797) as a “Qualified Local Governmental Unit”.

• Central, Older, or Distressed Areas.• 104 Communities.

Brownfield Properties

• Estimated 500,000 in the United States.• Michigan Department of Environmental

Quality (MDEQ) lists 3,000 Part 201 sites (not including underground storage tanks).

• Most sites known by community and not listed.

• Brownfields in every county, urban and rural areas.

Brownfield Claims

• Reduces pressure on farm land.• Increases (RENEWS) property value and

local tax base.• Reduces the need to develop greenfields.• Uses existing infrastructure (cost savings).• Mitigates public health and safety concerns.• Improves the community image.• Integral part of community plan.

Michigan Communities are Active

• Over 200 Brownfield Redevelopment Authorities in Michigan.– County, City, Village, and Townships.

• MDEQ awarded over $109.4 million to over 258 sites:– Leveraged $1.9 billion in private investment.– Created 8,117 jobs.

(MDEQ news release, February 4, 2004; www.michigan.gov)

• Over 7,000 Baseline Environmental Assessments.• 39 Entities receive Federal EPA Brownfield Funding

(State, Cities, Villages, Townships, BRAs, Tribes, Counties, Nonprofits).

• CERCLA* 1980:– Comprehensive Environmental

Response, Compensation, Liability Act* (Superfund).

• Federal Legislation.• Joint, strict, and several liability.• Cleanup Standards – pristine (child

eating dirt).

Brownfield Background: Federal Liability

*42 U.S.C. 9601 to 9675

• Michigan signs MOA: Memorandum of Agreement:– 1996 between US EPA and MDEQ.– EPA promised not to “plan or anticipate

any federal action against a covered party under Superfund” as long as they comply with MERA.

Overcoming Federal Liability

• Limits liability-from strict to causation based.

• Risk based standards – clean up based on end use:– Industrial: manufacturing, utilities– Commercial: gas stations, daycares– Residential: (child eating dirt): single

family, condos.– “Limited”.

Michigan Environmental Response Act* (MERA) of

1995

*Part 201 of NR&EP Act, M.C.L. 324.20101 et. seq.

MERA Amendments - Liability

• New owners do have obligations!• Baseline Environmental Assessment: BEA• Evaluation of environmental conditions:

– Phase I: Historical review of the property.– Phase II: Sampling at site.

• Three Types of BEAs:– Nonhazardous new operation N.– Hazardous but different D.– Hazardous and same (most difficult) S.

• Due Care:– Avoid unexceptable exposures, take reasonable

precautions, and not exacerbate the contamination.

Land Use Council

• Michigan’s Land Use Council identified existing program funded by the Clean Michigan Initiative (CMI) to further restore brownfields.

• 1998 Clean Michigan Initiative $335 Million of $675 Million for Brownfields:– $20 Million Brownfield Grants and Loans.

• MI Chamber of Commerce states 15 grants/loans for $10.3 Million awarded with $314 Million private investment.

PA 252 of 2003: Clean Michigan Initiative Money

• MDEQ funding for:– Corrective action for Underground Storage Tank,– Response activities at facilities,– Assessments.

• facility: sites that exceed residential cleanup standards

• Grants and loans to local units of government and BRAs including revolving loan fund:– Increase from $20 Million to $75 Million.

• Applications by March 31, 2004 for immediate funding and then on a continuous basis.

CMI Money: Contact Information for MDEQ

• Upper Peninsula and Northern Lower Peninsula: Jamie Harrington (906)346 8506

• Mid Michigan and Thumb: Susan Sandell (231)775 3960

• Southwest and Central: Carol Skilling (517)335-6871

• Southeast: Bruce Moore (517)373 6413

Federal Brownfield Legislation

• Public Law 107-118 (H.R. 2869) - "Small Business Liability Relief and Brownfields Revitalization Act”.

• Passed in 2001:– Relief for small businesses from liability under the

CERCLA,– to promote the cleanup and reuse of brownfields, – to provide financial assistance for brownfields

revitalization,– to enhance State response programs.

• www.epa.gov/brownfields

Victor Institute, MSUE• Mission is to support wise and responsible

use, development, and redevelopment and provide researched-based information to all stakeholders.

• Produced written materials:– Newsletters.– Michigan Guidebook.– Lessons Learned in Brownfield Redevelopment.

• Workshops/Training.

Workshop/Training Examples

• MSUE Train the Trainer in 1999.• Brownfield Financial Reporter (ongoing).• Fundamentals of Brownfield Workshop (Jackson,

1999).• Environmental Management Certificate (Wayne

County, 2000).• Brownfield-Greenfield Policy Roundtable (MSU,

2003).• MSUE and BRAs on topics such as Brownfield

Redevelopment Authorities, Brownfield Plans, Environmental Issues, Brownfield Financing.

Brownfields

Brownfields = Opportunities

Opportunities in your Community?

MI Brownfields Web Pages

Take a browse …• www.michigan.gov/deq

– http://www.michigan.gov/deq/0,1607,7-135-3311_4110---,00.html

• www.egr.msu.edu/brownfields• www.msue.msu.edu/victorinstitute• www.epa.gov/brownfields• www.envirotools.org

Contact InformationLisa Szymecko

Civil and Environmental Engineering Dept.

Michigan State University

(517)432-2291szymecko@egr.msu.edu

Phil Davis

Victor Institute for Responsible Land

Development and Use,

Michigan State University Extension

(517)432-9295

Victorin@msue.msu.edu

Five New Sets of Legislative Changes:

• Joint Municipal Planning Act.

• Noncontiguous Open Space (TDR?).

• Fast Track Land Bank.

• Blight.

• Brownfields.

Joint Planning Act

• Two or more municipalities can join to combine Planning and Zoning.

• Done by written agreement.

• Can be for all of the territory or a selected territory (e.g., around a lake, along a river, commercial area).

Noncontiguous Open Space (TDR?)

• The 2003 Amendment further supplements the 2001 Open Space Amendments.

• 2003 amendment applies only to Planned Unit Developments.

• Unless zoning explicitly prohibits: Open space in a PUD can not be required to be contiguous.

• May provide Transfer of Development Rights --consult with your attorney first.

Fast Track Land Bank

• Land banking is an important tool when abandoned land or housing is a problem.

• Experiences of Genesee County show the potential for positive action.

• New, better land banking legislation offers many opportunities.

• It is composed of several bills, but the original H. B. 4483 is perhaps pivotal.

• This allows for the creation of county or local authorities under certain conditions.

• Those authorities have an impressive list of powers necessary to do the job.

Blight• Quality of Life Violations

– City can set up a violations bureau (sort of like a mini-court).

– Only for certain ordinances (civil infractions).

– Create bureau by adopting an ordinance.– Need lawyer to set it up.– Need lawyer to be the hearings officer.

Brownfields

• Brownfields-any property exceed residential standards; Core Communities include blighted or functionally obsolete.

• Brownfields are everywhere! Michigan communities are active.

• Michigan law limits liability and cleanup is based on end use.

• New MI legislation provides funding for brownfield redevelopment – LUGs & BRAs.

• MSUE can provide resources to communities.

Authors• Noncontiguous Open Space (TDR)

– Dean Solomon, District Natural Resources Agent, Kellogg Biological Station (solomon@msue.msu.edu)

• Several graphics prepared by Rod Cortright, Charlevoix County Extension Director, Land Use Area of Expertise (cortrigh@msue.msu.edu)

• Land Bank– Zenia Z. Kotval, Co-Director, Urban Planning Partnerships (kotval@msu.edu)– June Thomas, Professor, Urban & Reg. Planning and Co-Director, Urban

Collaborators (thomasj@msu.edu)– And additional materials by Genesee County Treasurer Daniel T. Kildee

(http://www.co.genesee.mi.us/treasurer/index.htm)

• Joint Planning Act & Blight Regulations– Kurt H. Schindler, Wexford County Extension Director, Land Use Area of

Expertise (schindlk@msue.msu.edu)

• Brownfield Amendments – Lisa Szymecko, JD, Specialist, Department of Civil and Environmental

Engineering (szymecko@egr.msu.edu)– Phil Davis, Ph.D., Director, Victor Institute for Responsible Land

Development and Use (victorin@msue.msu.edu)

MSU Extension on the Internet

• MSU: http://www.msu.edu

• MSU Extension: http://www.msue.msu.edu

• MSU Extension, Land Use Team: http://ntweb11a.ais.msu.edu/luaoe/index.asp

Michigan State University Extension programs and materials are available to all without regard to race, color, national origin, gender, religion, age, disability, political beliefs, sexual orientation, marital status, or family status.

MSU is an Affirmative-Action/Equal-Opportunity Institution.