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HB 6098

Land use: zoning and growth management; city or village zoning ordinance amendment; revise protest petition requirements. Amends sec. 403 of 2006 PA 110 (MCL 125.3403).

2023-2024 Regular Session Introduced by Joey Andrews and 6 co-sponsors

HB 6098 tightens protest petitions for zoning amendments by expanding counting area to 300 feet and raising to 50% the landowners needed for intensity increases.

placed on third reading
#landuse:zoningandgrowthmanagement
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Bill Summary · HB 6098

Summary — HB 6098 (Michigan Zoning Enabling Act amendment)

Status: Placed on third reading (substitute H‑2 adopted 12/13/2024)
Introduced: 11/13/2024 by Rep. Kristian Grant
Subject: Zoning amendment protest petition requirements (amends MCL 125.3403)

Purpose / intent

HB 6098 revises the signature-area and signature‑percentage rules that determine when a protest petition is sufficient to force a supermajority vote on a proposed city or village zoning ordinance amendment. The bill alters how the 20% and 50% signature thresholds are calculated and expands the geographic area from which signatures may be counted in some instances.

Key provisions (current substitute H‑2 on third reading)

  • Maintains the existing rule that if a valid protest petition is filed, approval of the zoning amendment requires a 2/3 vote of the legislative body (or a larger supermajority, up to 3/4, if required by charter/ordinance).
  • Requires that a protest petition be presented to the city or village legislative body prior to final legislative action on the amendment.
  • For ordinary zoning amendments (non‑intensity‑increasing):
    • A valid petition must be signed by one or both of the following:
    • Owners of at least 20% of the area of land included in the proposed change (publicly owned land excluded).
    • Owners of at least 20% of the area of land located within an area extending outward 300 feet from any point on the boundary of the land included in the proposed change (changed from 100 feet in current law).
  • For amendments that increase the authorized intensity of development:
    • A valid petition must be signed by one or both of the following:
    • Owners of at least 50% of the area of land included in the proposed change.
    • Owners of at least 50% of the area of land located within an area extending outward 300 feet from any point on the boundary of the land included in the proposed change.
  • Publicly owned land is excluded when calculating the percentage land area requirements.

Note: Earlier versions and committee analyses reflected different numeric choices (e.g., 200 feet or inclusion of tenants in the 50% calculation). The H‑2 substitute adopted 12/13/2024 is the current text on third reading and uses 300 feet and owner-only calculations for the 50% threshold.

Who is affected

  • Property owners (and previously potentially tenants under earlier drafts) within or near parcels subject to a proposed zoning amendment — especially those within the specified radius (now 300 feet).
  • Municipal legislative bodies that consider zoning ordinance amendments (cities and villages).
  • Developers and applicants proposing zoning changes, particularly proposals that increase development intensity.

Practical impact

  • Increases the radius for counting nearby land area from which signatures may be collected (to 300 feet), potentially expanding the pool of owners whose land area may be used to meet the 20% or 50% thresholds.
  • Raises the threshold required to block an intensity‑increasing amendment from 20% to 50% of owners’ land area, making it harder for protest petitions to force a supermajority vote in those cases.
  • Removes tenants from the 50% calculation in the H‑2 substitute (compared with some earlier drafts that included tenants).

Fiscal impact

  • House Fiscal Agency: no fiscal impact on the state or local units of government.

Legislative timeline & positions

  • Introduced 11/13/2024; substitute H‑2 adopted 12/13/2024; placed on third reading 12/13/2024. Referred to Joint Committee on Human Services 1/22/2025 (per actions list).
  • Supporters (testified or indicated support): homebuilders, housing advocacy groups, planners, Realtors, environmental and housing organizations.
  • Opponents / concerns: some municipalities and municipal associations (e.g., Michigan Municipal League, City of Dexter, City of Wyoming, Michigan Townships Association indicated neutral or opposition).

Statutory reference

  • Amends section 403 of the Michigan Zoning Enabling Act (MCL 125.3403).

Compiled from official sources — confirm details with the bill’s official record.

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