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HB 5881

Local government: other; Michigan zoning enabling act; make subject to the data center planning and responsibility act. Amends sec. 205 of 2006 PA 110 (MCL 125.3205). TIE BAR WITH: HB 5882'26

2025-2026 Regular Session Introduced by Emily Dievendorf and 2 co-sponsors

Zoning ordinances must consider additional state program requirements, including the Data Center Planning and Responsibility Act, affecting siting and permitting decisions.

bill electronically reproduced 04/23/2026
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Bill Summary · HB 5881

Summary of HB 5881 (Michigan, 2025-2026)

Purpose and intent

HB 5881 seeks to amend the Michigan Zoning Enabling Act (2006 PA 110, as amended) to require that zoning ordinances be subject to a broader set of other state laws and programs, specifically adding the Data Center Planning and Responsibility Act to the list. The bill ties its enactment to HB 5882 (a tie-bar), and provides that it takes effect 90 days after enactment, contingent on HB 5882 becoming law.

Key provisions and changes

  • Subject to additional state program requirements:
    Section 205(1) of the Michigan Zoning Enabling Act would explicitly make zoning ordinances subject to:

    • The Electric Transmission Line Certification Act (1995 PA 30)
    • The Regional Transit Authority Act (2012 PA 387)
    • The Small Wireless Communications Facilities Deployment Act (2018 PA 365)
    • Part 8 of the Clean and Renewable Energy and Energy Waste Reduction Act (2008 PA 295)
    • The Data Center Planning and Responsibility Act (new inclusion)

  • Oil and gas drilling regulation:
    Section 205(2) affirms that counties or townships do not regulate or control drilling, completion, operation, or abandonment of oil or gas wells, nor issue permits for those activities, aligning with existing jurisdictional boundaries on drilling.

  • Mining and natural resources restrictions:
    Sections 205(3) to (6) set standards for when an ordinance can restrict mining or extraction of valuable natural resources, including:

    • A prohibition on prohibiting mining unless very serious consequences would result.
    • A burden on challengers of a zoning decision to show the presence of valuable resources, demand in the market, and lack of very serious consequences.
    • Factors to consider when evaluating “very serious consequences” (Silva v Ada Township framework), including land-use relationships, nearby land uses, property values, traffic safety, health and welfare interests, and overall public interest.
    • Allowances for reasonable regulation of operational hours, blasting hours, noise, dust, and traffic, as long as such regulation is not preempted by the Natural Resources and Environmental Protection Act, and remains reasonable for customary mining operations.

  • Renewable energy project status:
    If a renewable energy project received special land use approval under section 502 on or after January 1, 2021, it is treated as a prior nonconforming use. Substantial construction or investments (10% of project construction costs or $10,000, whichever is less) protect against revocation or modification of the approval.

  • State authority reservation:
    The act does not limit the state’s regulatory authority under other statutes or rules.

  • Effective date and tie-bar:

    • Effective 90 days after enactment.
    • Takes effect only if HB 5882 is enacted into law (the tie-bar).

Who and what is affected

  • Local units of government: Counties and townships must align zoning ordinances with the added statutory subjects listed above, including data center planning and responsibility considerations.
  • Data center projects: Data center planning and responsibility framework becomes a factor in zoning decisions, subject to the same interaction as other listed acts.
  • Renewable energy projects: Projects with post-2021 special land use approvals retain certain nonconforming-use protections if they meet the construction or investment thresholds.
  • Oil, gas, and mining activities: Guidance on regulatory boundaries and mining-related zoning remains tied to preexisting law, with clarified standards for when mining restrictions can be imposed.

Procedural and timeline aspects

  • Introduction and referral: Introduced April 23, 2026; assigned to the Committee on Government Operations.
  • Tie-bar: Requires passage of HB 5882 for HB 5881 to take effect.
  • Effective date: 90 days after enactment, assuming HB 5882 is enacted.

Practical impact and considerations

  • The bill expands the set of external programs and policies that must be considered in local zoning decisions.
  • It formalizes data center planning within the ambit of zoning, potentially affecting permitting, siting, and land-use considerations for data centers.
  • It preserves existing regulatory roles for oil and gas drilling and strengthens factors used to evaluate mining-related zoning decisions.
  • The tie-bar means the overall effect is contingent on concurrent passage of HB 5882.

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

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