Regional Governance Project

Additional Background Information for the Policy Report: "Regional Planning in Michigan: Opportunities of Intergovernmental Cooperation."

Below is additional background information regarding regional governance in terms of land use planning and policymaking in Michigan.

Land Use Policy & Regional Planning Legislation in Michigan

Land use policy refers to the set of regulations for how land can be developed and used in a community. The two primary vehicles for local land use policy are planning and zoning efforts, authorized in Michigan by four planning enabling acts and three zoning enabling acts which the state enacted to establish the parameters within which local governments may operate. Some jurisdictions in Michigan have no land use policy whatsoever, as they follow no master plan and possess no zoning ordinances. More commonly, the local units of government and/or the county employ land use policy to varying degrees, as an instrument to meet the needs of the area's population.

The master plans of local government units reflect each community’s vision for the future and are intended to guide the long-range growth and development of the community. Such plans typically present data, analysis, and proposals or recommendations concerning a community's population and housing, economic development, transportation, land use, and utilities. The land use portion of the plan covers agriculture, parks and recreation, open space, historic preservation, and capital infrastructure, and recommends areas for each type of local activity. While these master plans are common at the local government unit level, several counties in Michigan have begun to develop analogous, comprehensive plans for the entire county.

If the master plan presents a community’s overall vision, zoning controls the actual physical development of land in a community and regulates the kinds of uses for which each individual property is eligible. Local zoning ordinances thus provide the specific, “nuts and bolts” regulations that are used to achieve the general land use goals of the broader plan. A community's set of zoning ordinances regulates the types of uses which can take place in each of the zoning districts, how far from property lines buildings must be located, height limits, and the like. The zoning code may also contain standards for parking decks and other types of construction, as well as regulate the type, number, and size of signs that can be installed by businesses and in residential districts.

Through its long tradition of home rule, Michigan has “relied upon local government to make decisions that are primarily of local concern, such as those related to land use planning and zoning. Home rule is based on the theory of self-government that encourages local decisions and regulations to be adopted by the governmental entity closest to those affected.”¹ Home rule is closely guarded by local jurisdictions, as it grants them autonomy and control over local issues. On the other hand, the policy environment fostered by home rule greatly complicates voluntary efforts at intergovernmental cooperation and regional planning, and is blamed by some for poor and irrational land use planning in Michigan.

In its recommendations, Governor Granholm's Land Use Leadership Council noted that it is “aware” and “cognizant” of the principles of private property rights and local governance (as manifested in the concept of home rule) that have guided land use in the state to date. The Council agreed to “respect” this legal framework for land use as it completes its work and issues recommendations to the state government.

Intergovernmental Cooperation
Regional planning is a form of intergovernmental cooperation. The authority for local governments to engage in regional planning, as well as the ability to enter into subsequent contractual undertakings or arrangements in order to implement regional plans or policies, results from a series of state statutes and constitutional provisions. In general, local governments are authorized but not required to engage in a wide range of intergovernmental activities.

Michigan’s legislature has passed two broad statutes that enable intergovernmental cooperation. P.A. 35 of 1951 authorizes municipal corporations to enter into contracts with other municipal corporations for the operation of a facility, performance of a service, or ownership of a property. Similarly, the Urban Cooperation Act (P.A. 7 of 1967) states that public agencies (including counties, cities, villages, townships, charter townships, school districts, single and multipurpose special districts, or single and multipurpose public authorities) may collaborate to exercise any power or authority that each party could exercise separately on its own. Joint service agreements are established under the authority of these two statutes.

Two commonly used vehicles of regional cooperation concern temporary transfers of land or functions between local governments. The Conditional Land Transfer Act (P.A. 425 of 1984) authorizes the conditional transfer of property for economic development purposes. Act 425 agreements often involve a village or city developing property that would otherwise not be developed for infrastructure reasons. These contracts must include a formula for sharing tax revenue, duration for the agreement, and a plan for jurisdiction of the property upon termination (whether renewal of agreement, transfer or return of land). By December 1999, 175 conditional land transfer agreements had been reached among local government units in Michigan, including six that were rescinded following their filing. Similarly, the Intergovernmental Transfer of Functions and Responsibilities Act (P.A. 8 of 1967) authorizes two or more local government units to transfer specific functions. For example, a city may agree to provide water and sewer services to a township, or a county may contract with a township to provide police service. While P.A. 425 allows for the transfer of land, P.A. 8 applies only to specific governmental functions.

In addition, numerous statutes authorize specific forms of planning, economic development activities, environmental protection and/or infrastructure provision on an inter–jurisdictional or regional basis in Michigan. Laws address intergovernmental cooperation in the following areas:

• Libraries, parks and recreation, and other facilities
• Transportation
• Water and sewer service agreements
• Health and social services
• Fire and police protection
• Environment
• Administration

A listing of public acts passed in these areas is provided in the appendix material.

Regional Planning
Several public statutes are relevant to regional land use planning in Michigan. The Regional Planning Act (P.A. 281 of 1945) authorizes two or more local units of government to create a regional planning commission. The act applies to cities, villages, townships, counties, and school districts. The regional planning commission “may conduct research studies, … make and coordinate the development of plans for the physical, social and economic development of the region, … adopt a plan … as its official recommendation for the development of the region,” advise local units, and act as a coordinating agency for other public and private agencies.

The regional planning commission's jurisdiction is delineated by the resolutions of the participating local units of government. Both the Southeast Michigan Council of Governments (SEMCOG) and the Tri–County Regional Planning Commission were formed under the Regional Planning Act.

In addition, the Intermunicipality Committees Act (P.A. 200 of 1957) authorizes two or more municipalities to form a committee for “studying area governmental problems of mutual interest and concern, including such matters as facility studies on … recreation and parks, and ports, and to formulate recommendations for review and action thereon by the member governing bodies.” The act applies to cities, villages, townships and charter townships. The Intercounty Committees Act (P.A. 217 of 1957) authorizes two or more counties to establish an analogous committee for the same purposes.

In 2001, the Michigan legislature amended the state's main planning enabling acts – the Township Planning Act (P.A. 168 of 1959), the County Planning Act (P.A. 282 of 1945), and the Municipal Planning Act (P.A. 285 of 1931) – to require greater communication and coordination among neighboring jurisdictions. Municipal jurisdictions are now required to first notify neighboring jurisdictions, the county, the region, and any registered public utility company, railroad, or other government entities (such as a downtown development authority) of the municipality’s intention to amend or revise an existing plan or to create a new plan. The notice requests the recipient’s cooperation and asks for the recipient's comments. Later, after a draft plan is created and distributed to these entities, they review and comment on the proposed plan. The county provides comments on whether the proposed plan is consistent with the county's plan and whether it is consistent with the plans of neighboring jurisdictions.

The most visible type of multi-county regional planning body in Michigan is the state planning and development district (SPDD) or region. The state is divided into 14 SPDDs, such as SEMCOG, Region 2 Planning Commission, and the Genesee-Lapeer-Shiawassee Planning and Development Commission. The SPDDs were created in the 1970s to provide a regional basis for planning and programming activities of the state government, and to encourage regional coordination of planning and programming undertaken by local governments. These entities are perhaps the most common and easiest forums in which townships, villages and cities can discuss coordination of issues of regional importance. Several SPDDs, including SEMCOG, also possess the federal designation as Metropolitan Planning Organization (MPO), authorizing the districts to conduct regional transportation planning and make decisions about allocations of federal highway funds.

A large regional government entity that is not an SPDD is the Grand Valley Metro Council, established in 1990 under the Metropolitan Council Act (P.A. 292 of 1989). An alliance of governmental units in the Grand Rapids area, the Grand Valley Metro Council plans for growth and development and coordinates government services. Like SEMCOG, the Grand Valley Metro Council serves as the MPO for area transportation planning purposes.