Inside 208

As local leaders, we have a chance to stand united in opposition to zoning preemption legislation that has been introduced in the Michigan House of Representatives and is currently before the Regulatory Reform Committee. House Bills 5529 through 5532, along with related proposed legislation, if enacted, would strip locally elected officials of their decision-making authority, dismiss years of community planning work, and amount to a clear override from Lansing on local voices and voter-backed decisions.

We are asking for your immediate help in opposing this proposal.

Click here to read our letter of opposition, add your signature, and join our effort to protect local decision-making. Local government leaders, both elected and nonelected, within every Michigan community are encouraged to submit.

We need as many signatures as possible in advance of a Tuesday press conference. All local government elected officials and staff are encouraged to join us at this event.

The bill package, championed by Representative Kristian Grant (D-Grand Rapids) and Representative Joe Aragona (R-Clinton Township), would significantly restrict local authority by preempting local decision-making on key zoning issues, including duplexes, accessory dwelling units (ADUs), minimum setbacks, lot sizes, and dwelling unit sizes.

See below for a summary of the bills.

Join us in opposition! 

Legislative Bill Package

Introduced:

• HB 5529 (Grant) Land Division Act Lot Size: Prohibits local ordinances from requiring a minimum parcel or lot size greater than 1,500 square feet for detached single-family residence where the subdivision is accessible and will be served by public water and sewer
• HB 5530 (Wortz) Lot Size: Prohibits a minimum parcel size greater than 1,500 square feet for detached single-family residence where the parcel is accessible and will be served by public water and sewer.
• HB 5531 (Neeley) Study Requirements: Allows local units of government to require reasonably necessary studies in reviewing a site plan application. Limits circumstances of when additional information can be required for the same application after initial approval. Creates a 60-day decision shot clock after receipt of a site plan for a local unit of government.
• HB 5532 (Aragona) Protest Petitions: Expands the qualifying petition area to 300 ft and sets a 60% signature threshold.

To Be Introduced: 

• Duplex by Right: Creates a statewide definition of “duplex.” Mandates duplexes are a permitted use in any district where single family residences are allowed and not subject to any procedures different from a single-family residence.
• Parking Requirements: Mandates parking requirements at no more than one space per dwelling unit for multifamily residential use of property. Allows mobile homes in any residential zone.
  • “Mobile home” means a structure that is transportable in 1 or more sections, built on a chassis, and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. 
• Accessory Dwelling Units: Creates a statewide definition of “accessory dwelling unit” (ADU).  Mandates ADUs are permitted by right in residential zoning districts and not subject to a public hearing. ADUs are prohibited from density calculations, additional parking requirements, and owner occupancy requirements. Allows mobile homes in any residential zone.
• Setback Requirements: Mandates setback requirements at 15 feet or less from the front property line and five feet from the side or rear for dwellings or outbuildings if the local unit of government is located in whole or part within a metropolitan statistical area (MSA) or is located adjacent to a MSA area.
• Dwelling Size: Prohibits a minimum area requirement greater than 500 square feet for a dwelling.

Supporters of preemption often point to declining permits, rising home prices, and regulatory costs as justification for statewide mandates. While these pressures are real, they are driven by broader economic forces including the housing crash, rising labor and material costs, high interest rates, and complex market dynamics that go far beyond local zoning. Sweeping mandates oversimplify the problem and ignore the unique needs and circumstances of Michigan’s diverse communities.  

Thank you for taking the time to advocate for your community by voicing your opposition. Your engagement will lead to our success. If you have any questions, please do not hesitate to reach out to Jen Rigterink at [email protected] or John LaMacchia at [email protected].