House Bill 1289
Engrossed House Bill (H)
DIGEST
Local regulation of natural resource development. Changes the definition of "urban area" for purposes of a land use statute in the area planning law to include any lands or lots used for residential purposes where there are at least 20 residences (instead of eight residences) within any quarter mile square area. Specifies that the statute does not authorize an ordinance or action of a plan commission or a board of zoning appeals prohibited by the remainder of the bill. Provides that the prohibition applies when exercising jurisdiction within the geographic area of a plan commission or board of zoning appeals,
Local regulation of natural resource development. Changes the definition of "urban area" for purposes of a land use statute in the area planning law to include any lands or lots used for residential purposes where there are at least 20 residences (instead of eight residences) within any quarter mile square area. Specifies that the statute does not authorize an ordinance or action of a plan commission or a board of zoning appeals prohibited by the remainder of the bill. Provides that the prohibition applies when exercising jurisdiction within the geographic area of a plan commission or board of zoning appeals,
including within a flood plain. Restricts the power of a unit (a county, city, town, or township) to regulate the development of natural resources on private property. Defines "development of natural resources" as the extraction of mineral resources or the sale or removal of merchantable timber. Allows the enforcement of ordinances concerning the use of a road or damage to a road. Provides that if an ordinance or resolution of a unit requires a person to obtain a permit for a road cut or other access to a road located in the unit, the unit shall issue a permit to a person upon receipt of the person's completed application. Prohibits a unit from charging a person who sells or removes merchantable timber from private property a fee or requiring a bond for a road cut or other access to a highway that exceeds a fee or bond that the unit requires for new commercial construction.
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