Returning in 2012

The Three Pines Gander returns in 2012.

Local Control Over Natural Resources - Web Update

Local zoning could be thrown back to the early 1980s if fast-moving state legislation is approved. Township and city control over anything defined as "natural resources" could be stripped away in Michigan, under House Bill 4746 and Senate Bill 470. The state House of Representatives is expected to vote on its version of the bill this week, perhaps as early as Tuesday.

The bill would amend the Michigan Zoning Enabling Act to say that "an ordinance shall not prevent the extraction of valuable natural resources from any property unless very serious consequences would result from the extraction of those natural resources."

It's not clear what the sponsors, Rep. Matt Huuki (R-Atlantic Mine) and Sen. Tom Casperson (R-Escanaba) intend with the bill, since the term "natural resources" is not defined. The bill states that its purpose is to put into law the 1982 Michigan Supreme Court decision in Silva vs. Ada Twp., which held that zoning ordinances that restrict natural resource mining are unreasonable, unless "very serious consequences" could be demonstrated.

The 1982 decision was overturned by the Michigan Supreme Court just under a year ago. Last July, in Kyser vs. Kasson Twp., the Court affirmed the right of a township to regulate some aspects of gravel mining, and in essence, other natural resource mining. It's unclear whether the House and Senate bills, if they became law, would survive any court tests, when judged against the spirit of the July 2010 decision.

The letter of the law appears to be a different matter, as the bills seemingly satisfy the constitutional and jurisdictional issues cited in the Kyser decision. Since the proposed law comes from the state legislature, rather than the state judiciary, it would avoid the separation-of-powers concern cited in Kyser. And since the legislation would insert language into the Zoning Enabling Act, deemed by the Michigan Supreme Court in July to be the chief law of the land concerning land use, it would be placed into the proper section of state code.

On Friday, the Michigan Township Association (MTA) issued a statement of opposition to the bills.

Huuki and Casperson were not immediately available for comment, but have previously expressed an interest in accessing natural gas deposits under Lake Michigan and on state land north of Gaylord, according to Keweenaw Now. At an April 23 gathering in Houghton, the two officials said that a variety of restrictions were in the way of access, and blamed the EPA for blocking access to nickel and copper mines north of Marquette.

HB 4746 and SB 470 were introduced in the House and Senate on Tuesday, June 14 and Wednesday, June 15, respectively. The House version was approved by the Natural Resources, Tourism and Outdoor Recreation Committee and sent to the floor of the House.

Ed. note (6/21/11, 7:22pm EDT): Jennifer Smeltzer, Legislative Director for Rep. Ray Franz (R-Onekama), told the Three Pines Gander late on Tuesday that the House would consider HB 4746 on Wednesday. According to the House schedule, session begins at 1:30pm and, through next week, could last longer than the typical 3-hour period. House members are planning to spend extra time on legislation before visiting their districts during July. Franz also issued the following statement:

"I thank everyone for the hundreds of e-mails and calls on HB 4746 I've been getting that reflect the same concerns I have with the bill. It's expected we will be taking up the legislation on Wednesday and so I'm working to closely define the scope of the bill in order for it to allow zoning regulations that encourage certain development and job creation. By clarifying the natural resources addressed in this legislation, we are able to encourage growth, maintain reasonable zoning and planning, protect private property rights, and address any possible unintended consequences."

Correction: June 21, 2011

An earlier version of this article has been revised to reflect the constitutional and jurisdictional issues cited in the Kyser vs. Kasson Twp. decision.

Next issue of Three Pines Gander

The Three Pines Gander plans to publish its next issue this Friday, June 24. We thank our subscribers and readers for their support and interest.

Thunderstorms, Strong Winds, Hail Predicted

The Gaylord office of the National Weather Service is predicting thunderstorms, strong winds, with gusts over to 70 miles per hour, plus hail over an inch in diameter. There's also the possibility of isolated tornadoes.

The storms are predicted to impact northwest Michigan from 5-7pm today, including Manistee, Bear Lake and Arcadia. Areas east of I-75 are predicted to see severe weather through 10pm. A wind advisory is in effect and will last through tomorrow.

Severe Weather Briefing from the National Weather Service (automatically updates about once an hour):

Radar, watches/warnings and specific information from the National Weather Service here (or visit http://www.crh.noaa.gov/apx/).

Memorial Day Services 2011

Monday, May 30, 2011

Services at Pleasanton Township Cemetery. Presentations made by Command Master Sergeant Fred Alkire (National Guard) and American Legion Read Osborne Post 531.

Saturday, May 28, 2011

About 144 flags have been placed on veterans' graves in preparation for Monday. Memorial Day services will be held at Pleasanton Township Cemetery this Monday, May 30 at 11am. A wreath-laying and commemorative gun firing will honor Pleasanton Township veterans.

Fred Alkire, who has placed the flag markers for about 40 years, took over the duties when he became township supervisor. Previously, the flags had been placed by James LaMont, a local veteran whose grave is among those highlighted. "I had a little help this year from the Boy Scouts," said Alkire. The services are open to all and the public is invited to attend.

LWV Wind Energy Program

The League of Women Voters - Manistee County lists "Wind Energy" as its topic for the general program on Thursday, February 10 at 7pm. "The pros and cons of wind energy for our community. What is Duke Energy planning?" is the description given by the LWV newsletter. The program is open to both members and guests and will be held at West Shore Medical Center, Education Center, Room A, directly off US-31. The Education Center is at the front, northern side of the hospital complex.