Public Act 89 of 2009

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• Introduced by Sen. Gerald Van Woerkom (R) on April 2, 2009, to require an automatic zoning variance for a project an airport zoning area to build or alter a structure, or plant a tall tree. The variance would have to be granted by the relevent authority if the project has already been given a permit under the state “tall structures act,” which requires a special permits for a structure more than 200 feet tall, or one near an airport. The bill would consider such a variance request to be considered granted if it is not denied within 90 days.
  • Referred to the Senate Local, Urban, & State Affairs Committee on April 2, 2009.
    • Reported in the Senate on April 23, 2009, with the recommendation that the substitute (S-1) be adopted and that the bill then pass.
  • Amendment offered in the Senate on April 30, 2009, to require a project to have received any permits or approvals from the Federal Aviation Administration to be eligible for the automatic variance. The amendment passed by voice vote in the Senate on April 30, 2009.
• Passed 36 to 0 in the Senate on May 5, 2009, to require an automatic zoning variance for a project an airport zoning area to build or alter a structure, or plant a tall tree. The variance would have to be granted by the relevent authority if the project has already been given a permit under the state “tall structures act,” which requires a special permits for a structure more than 200 feet tall, or one near an airport, and if the project also has any required Federal Aviation Administration permits. The bill would consider such a variance request to be considered granted if it is not denied within 90 days.
  Who Voted "Yes" and Who Voted "No"
• Received in the House on May 5, 2009.
  • Referred to the House Intergovernmental, Urban And Regional Affairs Committee on May 5, 2009.
    • Reported in the House on June 23, 2009, without amendment and with the recommendation that the bill pass.
• Passed 104 to 2 in the House on August 26, 2009, to require an automatic zoning variance for a project an airport zoning area to build or alter a structure, or plant a tall tree. The variance would have to be granted by the relevent authority if the project has already been given a permit under the state “tall structures act,” which requires a special permits for a structure more than 200 feet tall, or one near an airport, and if the project also has any required Federal Aviation Administration permits. The bill would consider such a variance request to be considered granted if it is not denied within 90 days.
  Who Voted "Yes" and Who Voted "No"
• Signed by Gov. Jennifer Granholm on September 10, 2009.