Signage for the Chocolay Township offices in Harvey s pictured. (Journal photo by Abby LaForest)

CHOCOLAY TOWNSHIP — The proposal for a text amendment to Chocolay Township’s zoning ordinance and natural resource extraction on township property has proved confusing.

In July, a petition from Andy Smith on behalf of APS Properties, Inc. was submitted to the Chocolay Township Planning Commission at its monthly meeting, which asked for a text amendment to the township’s zoning ordinance. The petition was based on an assertion that the current language of the zoning ordinance no longer comports with the Michigan Zoning Enabling Act.

The act was amended in 2011 to limit the authority of a municipality to “prevent the extraction, by mining, of valuable natural resources from any property unless very serious consequences would result…”

The 2011 version of the act can be viewed in full online at legislature.mi.gov/Bills/Bill?ObjectName=2011-HB-4746.

At the July meeting, Smith stated that he wishes to remove a spoils pile (or sand) from a campground property in which he has an interest. The spoils came from digging a pond. According to Chocolay Township Supervisor Greg Elliot, “A separate issue related to the current language of the township’s zoning ordinance is that the removal of any appreciable amount of spoils from a parcel of land fits the definition of mining.”

The current language within the township’s zzoning ordinance relating to mining and mineral extraction can be read online at chocolay.gov/wp-content/uploads/2024/10/Zoning-Ordinance-through-34-24-01-10.18.24.pdf.

In Elliot’s following quotes, he refers to the term “natural resource extraction” rather than “mining” or “mineral extraction” because the material removed could be something like dirt or sand. He clarifies that Smith wants to extract sand. What distinguishes the activity from mining or mineral extraction is the fact that natural resource extraction includes removing something from a site that naturally exists in the earth on that site.

“A Michigan municipality’s ability to engage in zoning is authorized only to the extent provided for in the Zoning Enabling Act. The Township Planning Commission has a duty to review and react to the petition for a text amendment that Mr. Smith submitted. It’s the same process as a rezoning of land, which is a map change versus a text change, but the text amendment process is pretty rarely used,” explained Elliot in an email to the Mining Journal. “After the Planning Commission studies the issue, they will make a recommendation to the Township Board, which has authority to approve, approve as modified, or deny the request. Since the Michigan Zoning Enabling Act (the authority for a Michigan municipality to zone) was amended by the State to prescribe the manner in which proposals for natural resource extraction are reviewed, it is likely that some language changes to the Zoning Ordinance will be recommended.”

The language under review relates to the process by which all requests for natural resource extraction are considered. Mining, as currently defined by the ordinance, is only allowed in certain zoning districts. Elliot explained that one of the things the planning commission will have to determine is whether the current statutory authority allows them to limit mining to certain areas. He clarifies that they are not currently discussing anything that would be particular to Smith’s land or any particular parcel of land, and that the proposal to engage in natural resource extraction will require a separate application and review process.

That process will be defined by the review that’s currently underway.

“Once precise ordinance language has been developed by the planning commission, it will hold a public hearing on it before making any recommendation to the township board,” Elliot said. “However, all planning commission meetings are open to the public and there is an opportunity for the public to comment at each such meeting.”

Elliot says that it’s possible the planning commission will discuss the matter at its Monday meeting, but no action will be taken at that time. He anticipates that it will take several months before the planning commission has a recommendation from the board.

Any specific proposal for natural resource extraction will require a separate approval process, specific to the proposal’s parcel of land.

“Any amendment to the zoning ordinance will be designed to provide maximum safeguards for surrounding residents and property owners within the limits placed on us by the Legislature. It is a complex question as to what those might look like, and that is the study in which the planning commission must engage. We are required to approve a proposal for natural resource extraction, under Michigan law, if there is a market for the product and “no very serious consequences” will ensue. Unfortunately, while the statute provides some guidance, it’s difficult to determine what exactly that term means,” Elliot continued. “Even if a proposal were to be approved, there is still the ability to place some conditions on the activity, and, again, our planning commission must determine how extensive those conditions can be under the law. Our township board gave the planning commission direction to protect the interests of our residents and property owners to the maximum extent allowed under the law as it’s currently written.”

The next planning commission meeting will take place at 6 p.m. Monday at the Charter Township of Chocolay offices at 5010 U.S. 41 South. Additional questions and clarification can be directed to Chocolay Township Manager Greg Elliot at 906-249-1448, ext. 103.

Abby LaForest can be reached at 906-228-2500, ext. 548. Her email address is alaforest@miningjournal.net.