2009 Senate Bill 430 / Public Act 89

Revise airport zoning variances

Introduced in the Senate

April 2, 2009

Introduced by Sen. Gerald Van Woerkom (R-34)

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 Committee on Local, Urban, and State Affairs

April 23, 2009

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

April 30, 2009

Amendment offered

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

May 5, 2009

Passed in the Senate 36 to 0 (details)

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.

Received in the House

May 5, 2009

Referred to the Committee on Intergovernmental, Urban, and Regional Affairs

June 23, 2009

Reported without amendment

Without amendment and with the recommendation that the bill pass.

Aug. 26, 2009

Passed in the House 104 to 2 (details)

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.

Signed by Gov. Jennifer Granholm

Sept. 10, 2009