Proposed Gravel Mining Legislation Sparks Local Concerns

Posted on November 20, 2024

Time Running Out for Michiganders to Oppose Gravel Mining Bills

Photo: Rock and stone crushing machine at an open pit mining and processing plant for crushed stone, sand, and gravel. Credit – f9photos

A new package of gravel mining bills introduced in the Michigan House has sparked urgent concern, with some calling on residents to take immediate action to protect local control and community health.

The four-bill package, including House Bill 6108, is being labeled by opponents as an overreach that could strip local governments of their ability to regulate mining operations and protect their residents.

Misleading Industry Claims

Sharon Township residents have firsthand experience with the contentious debates surrounding gravel mining legislation. According to long-time resident Barbara Schmid, who has studied the issue since a gravel company sought to convert a 400-acre farm into a mining operation, the industry’s narrative is riddled with inaccuracies.

“This is the fourth session in which the aggregate industry has tried to usurp local control over the right to permit mining operations. It is also the most egregious so far,” Schmid says. The Michigan Aggregate Association claims that Michigan is running out of gravel, but, as Schmid notes, this is “not proven.”

Additionally, the aggregate industry argues that hauling gravel greater distances costs taxpayers more, which Schmid describes as “misleading and disingenuous.” Perhaps most frustrating, the association portrays local governments as obstructive, accusing them of denying permits for “nimby” (not in my backyard) reasons—a characterization Schmid calls “grossly misrepresented.”

These concerns underscore why many communities are calling for greater scrutiny of the proposed legislation and the industry’s claims.

Barbara Schmid, former president of the now dissolved Sharon Preservation Society, addresses the Sharon Township Planning Commission at its February 15, 2023, public hearing with concerns about a proposed gravel mine and the data and methodology used to support it.

Local Control at Stake

Since the early 20th century, Michigan has allowed local governments to make zoning decisions, including gravel mining, under a “reasonableness” standard. However, legal shifts over the decades have muddied this control. House Bill 6108, introduced last week and referred to the Regulatory Reform Committee, goes further than previous legislation by effectively eliminating local governments’ ability to deny gravel mining permits.

Critics argue that HB 6108 sets an impossibly high bar for communities to block mining operations, requiring them to prove a public or private nuisance within just 30 days. Even then, state authorities could still approve the permits. Gerald Fisher, a land-use attorney and law professor, warns that the bill disregards longstanding property law principles, which prioritize the well-being of local residents and environmental stewardship.

Environmental and Community Impacts

Fisher’s analysis highlights several potential risks under HB 6108:

Noise Pollution: The bill permits noise levels up to 100 decibels for extended periods, which could pose health risks, including hearing damage.
Groundwater Concerns: Mining operations could occur on sites with existing groundwater contamination. The bill merely requires companies to outline plans to prevent further damage, raising fears about water safety.
Disregard for Local Heritage: A recent case in Sharon Township illustrates these risks. A proposed 400-acre mining operation threatened local farmland and an historic church. Efforts by the township to negotiate compromises, such as safer truck routes and vibration analyses, were rejected by the mining company.

Broader Implications

If passed, the legislation could weaken local zoning authority across Michigan, setting a precedent for other industries. Critics are urging residents to contact lawmakers and demand the bills be reconsidered.

House Bill 6108 and its counterparts face mounting opposition from township officials and advocacy groups who argue the legislation prioritizes corporate interests over community health, safety, and the environment.

Call to Action: How You Can Help

Schmid urges fellow Michiganders to take action against House Bills 6108-6111, warning that these proposed laws could have far-reaching consequences for local governments and communities. In her message, she emphasizes the urgency of speaking out:

“Once again, for the state’s fourth legislative session, there is a newly introduced package of bills that make it easier for aggregate interests to override local governments’ ability to deny a mining permit,” she wrote in an email. Schmid outlined key issues with the bills, which:

Drastically limit local governments’ ability to deny aggregate mining permits.
Allow mining on sites with existing groundwater contamination, based only on assurances it won’t worsen.
Permit noise levels exceeding 100 decibels, posing risks to community health.
Complicate opposition from townships and residents against mining applications.

She is calling on residents to make their voices heard. “The best thing to do is to call or email the members of the Regulatory Reform Committee. Their names and contact info are below,” she wrote.

Schmid stresses time is of the essence. Representatives should be contacted no later than Monday, November 25th. She points out that if the package of bills gets a hearing, it will likely be either November 26th or the first week of December.

She suggests that emails:

Open with “To the Regulatory Reform Committee.”
State opposition to HB 6108-6111.
Provide a reason for opposition.
Include the sender’s name and street address.

Schmid stressed for residents concerned about preserving local control and protecting community health, now is the time to act. She concluded her message with encouragement: “Thanks for joining in. We do have a voice.”

Regulatory Reform Committee Members:

Leadership

Rep. Tyrone Carter (Democrat) District-1 tyronecarter@house.mi.gov 517 373-0154

Rep. Tullio Liberati (Democrat) District-2 tullioliberati@house.mi.gov 517 373-1776

Rep. Mike Mueller (Republican) District-72 MikeMueller@house.mi.gov 517 373-0840

Members

Rep. Cynthia Neeley (Democrat) District-70 cynthianeeley@house.mi.gov 517 373-0834

Rep. Helena Scott (Democrat) District-7 helenascott@house.mi,gov 517 373-2276

Rep. Stephanie A. Young (Democrat) District 16 stephanieyoung@house.mi.gov 517 373-2576

Rep. Kristian Grant (Democrat) District-82 KristianGrant@house.mi.gov 517 373-1800

Rep. Mike McFall (Democrat) District-8 MikeMcfall@house.mi.gov 517 373-3815

Rep. Will Snyder (Democrat) District-87 WillSnyder@house.mi.gov 517 373-0842