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Demand clear protections at the Chocolay Township Board public hearing Aug. 10

By Ann LaChance, resident 2 min read

To the Journal editor:

I am writing to urge Chocolay Township residents to attend the upcoming public hearing at 5:30 p.m. Monday, Aug. 10, at the Chocolay Township Fire Hall (5010 US 41 South). The board will consider proposed zoning amendments regarding natural resource mining that leave our community incredibly vulnerable. It could be your last chance to use your voice before a final vote.

Many residents do not realize that under Michigan law, natural resource extraction can legally occur adjacent to and directly in residential zones. If a developer buys land in your neighborhood to start a mining operation, local zoning is your only line of defense.

Unfortunately, this text amendment strips away those very protections. The proposed setback standard was originally scaled back from 1,000 feet down to 100 feet. Now, a stated numerical setback has been removed entirely, meaning a developer could legally mine right up to your property line. Instead of firm rules, the draft leaves setbacks entirely up to the discretion of an appointed, non-elected planning commission.

Furthermore, this amendment fails to require vital hydrological studies or environmental impact assessments. Without these mandatory upfront checks, the burden shifts entirely to the neighborhood. Homeowners will be forced to spend thousands of dollars of their own money hiring lawyers and independent experts just to try and prove harm to their property from devastating noise, air pollution, water contamination and plunging property values.

The township administration seems to operate under the assumption that the state requires vague language to protect the township from developer lawsuits. This is a fundamental misunderstanding of local regulatory power. Under the Michigan Zoning Enabling Act, townships have clear authority to establish firm, objective local standards--including mandatory physical setbacks--to safeguard public health and neighboring properties.

Vague language does not create a legal shield; it creates a loophole for developers. We expect our elected board officials to represent us, reject this weak draft and send this proposed ordinance language straight back to the planning commission to insert strict, mandatory resident protections.

Please attend the meeting at 5:30 p.m. Monday, Aug. 10 or email your written comments to gelliott@chocolay.gov by noon Wednesday, Aug. 5 to make your voice heard. Text amendment language can be viewed at: https://chocolay.gov/public-notices/

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