KEEPING THIS LAND OURS

Transcription

1 KEEPING THIS LAND OURS Taking an Active Role in the Land Use Decision Making Process Prepared by the League of Women Voters of Michigan with a grant from the Frey Foundation. It is critical that Michigan residents have a voice in land use decision making. Citizen involvement is one of the best ways to ensure that our air, water, soil and public health are protected when land use decisions are made. As Michigan's population grows, it is also important that residents become involved in making the tough decisions about how best to preserve farmland, open spaces and wildlife habitats, while allowing for residential and industrial development. Ideally, the public should become involved in the early stages of the planning process. (Please see League of Women Voters of Michigan publication "This Land Is Ours" for information on how to get involved in the planning process.) In some cases, however, residents become involved in land use issues when they are faced with a potential land use which they feel will have a harmful impact on their community. In such a case, there is often very little time to become familiar with the planning process before a decision is made. This pamphlet's aim is to give the public the tools they need to participate in the land use decision making process in an effective and timely manner. This pamphlet provides:

2 A list of steps residents who are new to the planning and decision making process may want to follow in order to participate effectively. A toll-free phone number and website where local planning commission phone numbers may be obtained. A list of phone numbers and websites for the Department of Environmental Quality. A list of resources you can contact for help in land use matters. Strategies that have worked for others. Steps to Follow for Effective Involvement in the Land Use Decision Making Process Step #1: Get the Facts When confronted with a proposed land use that you feel may be inappropriate, ask your local planning commission about it. If your municipality does not have a planning commission, visit the LWVMI website for the best person to contact. Very often, this is all that will be necessary to alleviate your concerns. (A list of local planning commission phone numbers is available by calling the League of Women Voters of Michigan at (517) Or contact LWVMI online at If you still have concerns after speaking to your local planning commission, you may want to request copies of Get the Facts Before You Act. Minutes of meetings where the proposed land use was discussed.. Site plans for the proposed land use. Site plans are detailed drawings presented to the planning commission for review. The contain exact dimensions from property lines, any required parking spaces, surface drainage, and the like. Reports, studies, or maps submitted to the planning commission or other decision maker. Notices of planning commission meetings, as well as agendas for those meetings. (Public documents are available to you by request through the Freedom of Information Act. For more about the act, access the League of Women Voters website or call your state representative, senator, or the Attorney General's Office and request a copy.)

3 In order to be credible and effective, it is crucial to have all the facts! Be sure to act quickly and meet deadlines. Step #2: Identify the Decision Maker Some land use decisions are made locally while others are made by either the state or federal government. Most land uses are subject to local zoning ordinances, but they may also require permits from other levels of government. Landfills, for example, are subject to County Solid Waste Planning and also require permits and licenses from the Waste Management Division of the Michigan Department of Environmental Quality. If you are not sure who the decision maker is for the proposed land use, you may want to access the League of Women Voters of Michigan (LWVMI) website or call the toll-free number for a list of environmental groups that specialize in protecting air, water, wildlife habitat and forest land, or that are familiar with such things as solid waste or oil and gas issues. Step #3: Review Your Local Zoning Ordinance Your city, village or township zoning ordinance commission consists of two parts: 1)the zoning district map and 2)the written text. The map divides the municipality into districts where certain types of land uses are permitted. The text describes the different types of land uses permitted in each district, as well as other regulations for the district, such as lot size, building height, setback distances from property lines and required road frontage. Industrial development, for example, can only take place in the district zoned for that use, as shown on the zoning map. Additionally, industrial development would have to comply with the written regulations or text for the industrial district. If the proposed land use does not meet ALL of the requirements of your zoning ordinance, it can not take place unless the ordinance is amended or a variance or special use permit is granted. All of these procedures for change require a public hearing. After reviewing your zoning ordinance, ask yourself the following questions: Is the site for the proposed land use zoned properly for that use? If the site is not properly zoned, has the property owner asked for a variance or amendment to your zoning ordinance? If so, plan on attending the public hearing and presenting written and oral testimony. You may also want to contact your

4 local elected officials and planning commission members to voice your concerns before the hearing. Is the site plan review required? If so, contact your planning commission members to share your concerns with them. Then, attend the planning commission meeting where the review will take place. Make comments during the public comment period. Step #4: Check County Ordinances, State and Federal Laws Does the site for the proposed land use have anything on it such as wetland areas or endangered species that are protected or regulated by state or federal law? If you suspect that it does, contact the proper regulating authority. If you are not sure who to contact for help, check the LWVMI website or toll-free number. Environmental groups may be able to help you. Will the proposed land use, an electric power generating plant, for example, be discharging emissions into the air or water which are regulated by state or federal law? If so, a permit is required from the State Department of Environmental Quality (DEQ) and a public hearing may be necessary. For upcoming DEQ permit decisions and public hearing dates, check the DEQ Calendar. (To received copies of the DEQ Calendar call (517) or check their website: Will the proposed land use require additional surface water drainage? If so, has the County Drain Commissioner reviewed the site plan? The County Drain Commissioner should review plans that would directly impact an established county drain. According to state law, the County Drain Commissioner must review and approve platted subdivision plans and the outlet drainage for manufactured housing communities (mobile home parks). Will one or more acres of land be disturbed because of an earth change, or will there be an earth-change operation within 500 feet of a lake or stream. If so, the operation must have soil erosion and sedimentation control measures in place, and requires a permit. You may want to check for compliance with the Soil Erosion and Sedimentation Control Act. Each county has an enforcing agency for the provisions of this act, such as the county road commission, county drain commissioner or another county department.

5 Are there water wells which you feel may be negatively impacted by the proposed land use? If so, call your county or district health department and ask if there are state of county regulations which must be met. Check to see if your municipality has a wellhead protection plan in place. For information about wellhead protection plans, call Clean Water Action at (517) Step #5: Look for Support from Others Do others feel that the proposed land use is inappropriate? If so, have you contacted them? Can you get others to attend meetings and public hearings with you? Most decision makers are willing to listen to the concerns of those they represent. Elected officials are especially interested in the concerns of their constituents, since they depend on their votes to hold office. Have you considered circulating a petition? This is not quite as impressive as getting people to attend a meeting or hearing, but it can still be very effective. Would the press be interested in doing a story about the proposed land use? This can be a very effective tool for gathering support. It is also a very good way to get the facts out to others in the community. Have you contacted environmental or public interest groups that might feel as you do? The LWVMI website can provide you with a list of environmental groups. Step #6: Seek Legal Advice If you feel very strongly that the proposed land use will endanger the public health or welfare of your community, or if you think that laws or ordinances have been violated, you may want to seek legal advice. Step #7: Get Involved in the Political Process All land use decision making can be traced back to the political process. These decisions are either made directly by an elected official or they are made under the direction of a person appointed by an elected official. It is important to know where public officials stand on land use issues. Find out how those in public office feel about the proposed land use. If you disagree with their stance, let them know. Before the next election, you may want to ask all of the candidates where they stand on land use issues. Candidate forums, debates and 'meet the candidate' nights offer good opportunities not only to ask these questions, but also to put the candidates' responses on the record. Consider supporting candidates who share your views on land use issues with financial contributions or by volunteering to help with their campaigns.

6 Step #8: Stay Involved Once you become involved in the land use planning and decision making process, stay involved. Don't be discouraged if you are not successful in preventing the proposed land use from taking place, nor should you be content to relax if you are successful. Plans, laws and regulations are constantly being amended. New laws and regulations that you support and to work to change those that you don't support. Strategies that Have Worked for Others In 1989, the Midwest Compact was searching the State of Michigan for a low-level radioactive waste (LLRW) disposal site. The proposed disposal facility would hold all of the LLRW produced in Michigan and six other Midwest states. As a result of a statewide screening process, three areas were identfied as potential disposal sites. The reaction of the residents living in all three communities was the same. They were strongly opposed to hosting a facility that would contain radioactive waste that would remain hazardous for years. A handful of people from each community looked for ENVIRONMENTAL GROUPS. With the help from these groups, residents planned informational meetings which were held at the local high schools. Elected officials and environmental activists, who had been following the LLRW siting process, were invited to speak to the 3,000 people who attended each of the meetings. The goal was to GET THE FACTS TO OTHERS AND SEEK THEIR SUPPORT. Many of those who attended the informational meetings gave donations to the environmental groups and signed up to help organize opposition to the "nuke dump" as they began to call it. Residents in each of the three areas FORMED THEIR OWN ENVIRONMENTAL GROUPS. The newly formed groups asked all of the local municipalities to PASS RESOLUTIONS opposing the LLRW disposal facility. LETTER WRITING CAMPAIGNS were organized. Thousands of letters expressing opposition to the siting of a LLRW disposal facility anywhere in the state were sent to legislators and to the governor as a result of these efforts.

7 Residents of all three sites CIRCULATED PETITIONS throughtout the state. 80,000 signatures were gathered. PROTEST MARCHES and CANDELIGHT VIGILS were held. Many individuals wrote LETTERS TO THE EDITOR. NEWSPAPERS COVERED THE STORY. in fact, it was the biggest story of the year. Some residents APPEARED ON TV AND RADIO programs Some forms of opposition were very creative. One opponent built a robot that sang a song written by another opponent. The robot was used for programs that were presented to local school children. Residents TURNED TO ELECTED OFFICIALS FOR HELP. One legistlator arranged for a bus to transport his consituents to a legislative hearing in Lansing. The resident of one of the sited areas held a meeting and invited the Governor and his political opponent to attend. The political challenger, John Engler, attended that meeting. Residents were successful in getting the candidate, who would later become the next governor, to STATE FOR THE RECORD his opposition to Michigan accepting low level radioactive waste from six other states. Eventually, two of the sites were eliminated from the siting process because they contained wetland areas. The third was eliminated for a variety of reasons. While most area residents celebrated their victory, a handful of residents STAYED INVOLVED. These residents reasoned that it has been state law that removed each of the areas from the siting process and that laws can be changed. These same residents asked to be placed on a list to RECEIVE LEGISLATIVE COMMITTEE HEARING NOTICES AND AGENDAS. This strategy paid off. Attempts were made to change the siting process. The residents who stayed involved TESTIFIED BEFORE THE LEGISLATIVE COMMITTEES in the House and Senate. When a state board was formed to write a report on the state's options for disposing of low-level radioactive waste, one of the residents was appointed to be a member of that board. Finally, in 1995, as the report was being completed, the state of South Carolina aggreed to keep its LLRW site open and to accept Michigan's low-level radioactive waste. NO further action has been taken to find a LLRW disposal site in Michigan. You Can Make a Difference Don't be afraid to speak up. Your participation is important in the land use decision making process.

8 Anthropologist Margaret Mead said, "Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it's the only thing that ever has." Who to Contact Look for help from environmental groups. Don't be afraid to call regulators for information on land use issues. Try the numbers and websites listed here first.here is a list of issues, environmental groups and regulators to contact about the issues. AIR EMISSIONS (permits/violations) American Lung Association of Michigan (517) > Michigan Environmental Council (517) DEQ Air Quality Division (517) or CONTAMINATED SOIL Ecology Center of Ann Arbor (734) Michigan Environmental Council (517) (487) DEQ Waste Management Division (517) or (517) DRAIN PROJECTS (County and Inter-county) Drain Code Coalition (243) Michigan Land Use Coalition Clean Water Action Michigan ENDANGERED SPECIES (plant and animal) National Wildlife Federation (734)

9 Michigan Wildlife Habitat Foundation (517) DNR Wildlife Division (517) US Fish and Wildlife Service, Dept. of the Interior, Ecological Services Field Office (517) LAND USE PLANNING Michigan Land Use Institute (231) Michigan Environmental Council (517) Sierra Club (517) OIL AND GAS MIchigan Land Use Institute (231) DEQ Geological Survey Division (517) or (517) SOLID WASTE(Landfills) Ecology Center of Ann Arbor (734) Michigan Environmental Council (517) Clean Water Action (517) DEQ Waste Management Division (517) WATER PROTECTION; discharges into water, drinking water protection, permits and violations, well-head protection Clean Water Action (517)

10 Michigan Environmental Council (517) DEQ Surface Water Quality (517) DEQ Drinking Water and Radiological Protection Division (517) WETLAND Tip of the Mitt Watershed Council (616) Lone Tree Council (517) Fax: (517) DEQ Land and Water Management Division (517) or (517) EPA, Region #5 (800) WILDLIFE HABITAT PROTECTION Michigan United Conservation Clubs (517) Michigan Wildlife Habitat Foundation (517) DNR Wildlife Division (517) US Fish and Wildlife Service, Dept. of the Interior, Ecological Services Field Office (517) For general environmental information, contact the Michigan Environmental Council at (517)