Michigan Laws 125.3507 – Purchase of development rights program; adoption of ordinance; limitations; agreements with other local governments
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Terms Used In Michigan Laws 125.3507
- Agricultural land: means substantially undeveloped land devoted to the production of plants and animals useful to humans, including, but not limited to, forage and sod crops, grains, feed crops, field crops, dairy products, poultry and poultry products, livestock, herbs, flowers, seeds, grasses, nursery stock, fruits, vegetables, Christmas trees, and other similar uses and activities. See Michigan Laws 125.3102
- Development rights: means the rights to develop land to the maximum intensity of development authorized by law. See Michigan Laws 125.3102
- Development rights ordinance: means an ordinance, which may comprise part of a zoning ordinance, adopted under section 507. See Michigan Laws 125.3102
- Legislative body: means the county board of commissioners of a county, the board of trustees of a township, or the council or other similar elected governing body of a city or village. See Michigan Laws 125.3102
- Local unit of government: means a county, township, city, or village. See Michigan Laws 125.3102
- Other eligible land: means land that has a common property line with agricultural land from which development rights have been purchased and is not divided from that agricultural land by a state or federal limited access highway. See Michigan Laws 125.3102
(1) As used in this section and section 508 and 509, “PDR program” means a purchase of development rights program.
(2) The legislative body may adopt a development rights ordinance limited to the establishment, financing, and administration of a PDR program, as provided under this section and section 508 and 509. The PDR program may be used only to protect agricultural land and other eligible land. This section and section 508 and 509 do not expand the condemnation authority of a local unit of government as otherwise provided for in this act.
(3) A PDR program shall not acquire development rights by condemnation. This section and section 508 and 509 do not limit any authority that may otherwise be provided by law for a local unit of government to protect natural resources, preserve open space, provide for historic preservation, or accomplish similar purposes.
(4) A legislative body shall not establish, finance, or administer a PDR program unless the legislative body adopts a development rights ordinance. If the local unit of government has a zoning ordinance, the development rights ordinance may be adopted as part of the zoning ordinance under the procedures for a zoning ordinance under this act. A local unit of government may adopt a development rights ordinance in the same manner as required for a zoning ordinance.
(5) A legislative body may promote and enter into agreements with other local units of government for the purchase of development rights, including cross-jurisdictional purchases, subject to applicable development rights ordinances.