Does the Board have to respond to questions during public comment?

No, this is generally something that is up to the Board’s discretion. Michigan’s Open Meetings Act (OMA) only requires that members of the public must be permitted to address the Board during public meetings. There is no requirement for the Board to engage in discussion during public comment, and there may be valid reasons why…

Yes. The new Section 108(6) of the Land Division Act expressly permits local ordinances to exceed the state baseline; there is no numerical ceiling imposed on the number of divisions a municipality may authorize. A township that wants to enable higher-density residential development in appropriate areas could adopt an ordinance permitting 12, 15, or more…

Yes, cell tower leases can generate a steady stream of revenue and, in many cases, have automatic “renewal terms” which, in the aggregate, can last between twenty-five (25) and thirty (30) years. Depending on the site, these leases can bring in tens of thousands of dollars a year; however, carriers will often try to renegotiate…

Yes. On December 23, 2025, Governor Whitmer signed Public Act 58 of 2025, amending Section 108 of the Michigan Land Division Act (MCL 560.108). The amendment makes two consequential changes: it raises the maximum number of parcels that may be created from the first 10 acres of a parent parcel from 4 to 10, and…

 You can still enforce your blight regulations, provided they are not part of your zoning ordinance. “Grandfathering” is a colloquial term commonly used to describe a nonconformity, meaning something that predated a regulation that later rendered it unlawful. However, this concept only applies to zoning ordinances—not to general law or “police power” ordinances, which regulate…

A local ordinance is invalid if it actually conflicts with state law. A conflict exists when the ordinance permits what state law forbids, or forbids what state law expressly allows. However, generally speaking, a municipality may adopt more restrictive regulations than state law, so long as the state has not fully occupied the field or preempted local action.

In the private sector, the First Amendment does not apply. However, in the public sector, employees have First Amendment rights that may protect them from employment consequences especially if the employee was speaking on a topic that is of interest to the public and if the employee was speaking in their capacity as a private…

While some factors may change the outcome, the answer is generally no. In fact, “[n]o Michigan decision has ever held that a dedication of a parallel road conveys riparian rights to the receiving governmental entity, and every Michigan decision that has addressed this exact issue has held that a dedication of a parallel road does…

Yes, the 2023 amendments to the Brownfield Redevelopment Financing Act broadened the definitions of “eligible activities” and “eligible property” to allow for tax increment financing of housing development activities where a community has identified a specific housing need. These amendments make the TIF program available for housing development in addition to traditional eligible activities such…

No. The Michigan Election Law creates a “safe harbor” period for newly elected officials and those whose term is set to end that year. Township officials within their first or last six months of their term are exempt from recall.

Generally, the answer is no. You may notice the Michigan Open Meetings Act contains no requirement for a township board meeting to have an agenda. Nevertheless, agendas can often help organize the structure and content of a township board meeting to help it run orderly and organized. Furthermore, agendas prepared for special meetings (that are…

No, a Duplex is typically two principal dwellings on the same parcel, which can be either attached or detached from one another. An ADU must remain “accessory” to the principal dwelling, which usually results in ADUs being subject to a maximum square footage requirement. This square footage maximum could be a flat number (e.g. not…

Generally, yes. The Township needs to consider implications from the Incompatible Public Offices Act, MCL 15.181 et seq. Generally, a public official may not hold two offices which results in any of the following: (i) The subordination of 1 public office to another. (ii) The supervision of 1 public office by another. (iii) A breach…

A community may penalize ordinance violations through the municipal civil infraction process as provided under Michigan law. MCL 600.8701 et seq. A municipality that penalizes ordinance violations as municipal civil infractions may establish a municipal ordinance violations bureau and issue municipal civil infraction notices that are payable directly to the municipality upon an admission of…

No. Elected officials are not employees under the Earned Sick Time Act and will not be entitled to paid sick time. Appointed officials in a policymaking role (planning commissioners, members of the zoning board of appeals, board of review) are similarly not employees entitled to paid sick time. On the other hand, appointed officials in…

Generally, no. And, we advise against it. Townships always need to be cautious of creating any board, commission or committee that is undertaking governmental functions that the public body would otherwise engage, such as considering governmental policies and regulations that would impact short-term rentals. Practically, it also can be far more transparent and cost-effective to…

Yes! Although PA 233 will provide a mechanism for developers to bypass local zoning regulations in most circumstances in the Michigan Public Service Commission when it becomes effective, that process is optional. Developers and utility companies may prefer to utilize the traditional local zoning review process for renewable energy projects regardless of the effectiveness of…

No. Where a zoning ordinance has created a permissive zoning framework, if a use is not listed as a permitted use, the non-listed use is prohibited.

There are a variety of examples where state law has “preempted” complete local zoning control by townships. These include, but are not limited to, certain transmission lines, cell towers and “small cell” deployments, oil and gas wells, and mineral extraction operations (mining). See e.g., MCL 125.3205.

The public bodies in your Township should follow the requirements of the Open Meetings Act before following conflicting, non-binding guides such as Robert’s Rules of Order. The Open Meetings Act requires that minutes for the public portions of a meeting contain the date, time, and place of a meeting, the members present and absent, any…

Yes and additional guidance is coming. Under the Inflation Reduction Act of 2022  local governments may receive direct payment of tax credits as cash subsidies to fund clean energy-related assets. Three sections of the Inflation Reduction Act grant federal support for some assets contributing to solar fields, geothermal heating, and clean fuel for commercial vehicles….

When a parcel with an existing special assessment is split, the Michigan Land Division Act authorizes a township assessor to apportion unpaid assessments between the newly created parcels under Section 53 of the Michigan General Property Tax Act. See MCL 560.109(1)(i)(ii). Similar to before any division, the apportioned special assessments are treated as liens on…

Yes. A township board typically consists of a supervisor, treasurer, clerk, and two trustees. However, if your township has a population greater than 5,000 at the most recent census (or more than 3,000 registered electors) then two additional trustees may be added, bringing the board total to seven individuals. See MCL 41.70.

Yes. The Michigan Planning and Enabling Act seeks to have municipalities that have exercised their zoning powers to conduct a review of their master plans every five years. Thus, it will be of value for you to look at reviewing your master plan consistent with the Planning and Enabling Act. Many townships conduct this process…

No. Whether a special use permit is approved by the Township Planning Commission or recommended by the Planning Commission with approval by the Township Board depends on a Township’s own zoning ordinance. The Michigan Zoning Enabling Act, Section 504, only requires that the approval standards be set forth in the Township zoning ordinance. Section 502…

Nomenclature. A SUP is a “Special Use Permit.” A CUP is a “Conditional Use Permit.” A SLUP is a “Special Land Use Permit.” Each name captures the same idea. These various “extra” land uses are authorized in the Michigan Zoning Enabling Act, MCL 125.3502(1), however, there is no explicit definition or requirement to use a…

Yes, but abandonment is a fact-by-fact basis. Many zoning ordinances will address the principle of abandonment at least with respect to lawful nonconforming uses. The discontinuance of nonconforming uses is often commonplace because of explicit authorization for local municipalities to address such circumstances in the Michigan Zoning Enabling Act: “(2) The legislative body may provide…

Yes. The FOIA states that “if the FOIA coordinator knows or has reason to know that all or a portion of the requested information is available on its website, the public body shall notify the requestor in its written response that all or a portion of the requested information is available on its website.” The…

Not exactly. At-will employment is the default form of employment in Michigan and applies to almost all non-union employees in the state. At-will employment allows either the employer or the employee to terminate the relationship at any time and for almost any reason. Employers may not terminate employees (even those who are at-will) for unlawful…

Public employers (like townships!) are more limited than private employers in the ability to discipline or even terminate their at-will employees, including for what they say or post on social media outside of work hours. The 1st and 14th Amendments to the US Constitution guarantee that federal, state, and local governments will not interfere with…

No. The common township special assessment statute, Act 188 of 1954 (“Act 188”), allows property owners to submit petitions to a township for the purposes of proceeding with a project (e.g., road paving, sidewalks, and streetlights, among many others). See MCL 41.723(4). Unlike other statutes that mandate action upon receipt of a petition (e.g., the…

The rule of thumb is 15 business days from the date the request is deemed received under the FOIA, Act 442 of 1976, MCL 15.231 et seq. The FOIA requires a public body to respond to a request for public records within 5 business days after the public body receives the request by either: (1)…

That’s excellent that you are working on reviewing your sign ordinance. Many ordinances still contain content-specific regulations that would not pass constitutional muster, and townships should be reviewing and considering how to revise current provisions to align with First Amendment protections. The constitutionality of on-premise and off-premise sign distinctions has been an open question since…

This is a great question! The Michigan Zoning Enabling Act (MZEA) and Michigan Planning Enabling Act (MPEA) both specify that a conflict of interest will require a Commission member to abstain from voting on a matter. See e.g. MCL 125.3601(7) (stating that a member of a Zoning Board of Appeal may be removed for malfeasance…

Today, the Attorney General released an opinion determining that Title II of the Americans with Disabilities Act (“ADA”) requires public bodies subject to the Open Meetings Act (“OMA”) to provide reasonable accommodations to allow elected officials and members of the general public with a qualifying disability to fully participate in meetings if the requirements of…

Yes, recent cases and legislation have impacted the foreclosure process. In a published Court of Appeals decision, the Court analyzed the retroactive application of changes to the tax foreclosure process that occurred under the Michigan Supreme Court’s decision in Rafaeli, LLC v Oakland Co, 505 Mich 429 (2020). Under Rafaeli, our Supreme Court explained foreclosing…

False. As presently written, after December 31, 2021, public bodies subject to the OMA may only accommodate the absence of members who qualify for military duty accommodation.

No. Neither a general law nor charter township is required by law to hold a public hearing for the adoption of a general police power ordinance. Both of these ordinances would be considered that type of ordinance. Instead, a general law township can introduce and adopt such an ordinance at a single meeting without a…

Generally, yes. The Michigan Zoning Enabling Act codified the principle of lawful nonconforming uses in MCL 125.3208. The Act provides: “If the use of a dwelling, building, or structure or of the land is lawful at the time of enactment of a zoning ordinance or an amendment to a zoning ordinance, then that use may…

Should you be worried about annexation of your township’s territory to an adjacent city? Understanding the process of annexation and what you can do about it will help you answer that question. What is Annexation? Annexation is the process by which territory moves from a township to a city (village annexation is a separate process…

Yes. Townships can explore implementing civil infraction notices and citations as penalties. Townships using civil infraction notices and citations have two potential avenues to provide enforcement without involving the Township attorney with each issue. For the first option, the Township can establish a violations bureau that allows the Township to issue municipal civil notice violations…

Generally, no. The Michigan Zoning Enabling Act addresses the approval of special/conditional land uses and site plans. Within each Township that has zoning, the Township has adopted an ordinance to administer its zoning. Township zoning ordinances will always allow for a public hearing for special/conditional use approvals. However, site plans are not required to be…

(1) What is attorney-client privilege? Attorney-client privilege protects certain communications made between the Township and your Township attorney from disclosure to members of the public, hostile individuals or outside entities. Not all communications between the Township and the Township attorney are subject to attorney-client privilege. The communication must be intended to be confidential, and concern…

Section 6.4 of Michigan Regulation and Taxation of Marihuana Act (“MRTMA”) states “[a] municipality may charge an annual fee of not more than $5,000 to defray application, administrative, and enforcement costs associated with the operation of the marihuana establishment in the municipality.” Many municipalities apply this section of the MRTMA to the application and review…

Yes. An overlay district sits on top of an existing zoning classification and permits additional uses. Overlay districts are particularly helpful in providing specialized zoning requirements for unique land uses from utility scale solar or windfarms to intensive livestock or commercial farming operations to marihuana facilities or establishments. With a renewable energy overlay placed in…

Recent cases from the Michigan Supreme Court and the Court of Appeals have affirmed the authority of townships to regulate Primary Caregiver growing operations under the original Michigan Medical Marihuana Act from 2008 (“MMMA”). Under the MMMA, a caregiver can grow up to 72 plants with minimal state regulation on their activity. Although less intensive…

On its face, a local ballot initiative seems like a straightforward process: petitions are circulated, signatures are counted, and ballot language is approved; in reality, there are many factors to consider. Local ballot initiatives are created by individual statutes that do not share uniform processes and requirements. Further, the Michigan Election Law (“Election Law”) imposes…

The OMA requires public bodies (including township boards) to establish certain procedures to accommodate the electronic attendance of a member(s) of the public body due to military duty, a medical condition, or a statewide or local state of emergency. These procedures set forth how a township will accommodate the electronic attendance, how the absent member(s)…

Act 188 of 1954 (“Act 188”) is a statute that many townships use to finance many improvements using special assessments ranging from lake improvements to rubbish collection. See MCL 41.722. Although Act 188 requires townships to approve project costs, there are times when a township may collect more in special assessments from property owners than…

Generally, yes. Typically, a Township’s Zoning Ordinance will provide for a written standard that must be applied when considering a request for a variance. Note there are certain criteria for variances established in the Michigan Zoning Enabling Act, even if specifics are not provided in the Township’s Zoning Ordinance. See MCL 125.3604. The Zoning Board…