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IV. Coastal Solutions Guide

 

How zoning affects private property

The Michigan Zoning Enabling Act (MZEA, Public Act 110 of 2006) gives municipalities the authority to regulate the development and use of land through the adoption of zoning ordinances. This includes the regulation of land along the Great Lakes’ coastlines to the Ordinary High Water Mark (OHWM). For lands lakeward of the OHWM, the State has regulatory authority through Part 325 of the Natural Resources and Environmental Protection Act (NREPA, Public Act 451 of 1994).

A zoning ordinance contains standards for the development and use of private property within the jurisdiction. The MZEA says that all zoning regulations must be based upon a plan to guide the community’s development. This plan, called a master plan or comprehensive plan, is authorized by the Michigan Planning and Enabling Act (MPEA, Public Act 33 of 2008) and created by the planning commission. The planning commission then has an advisory role in any changes that are proposed to be made to the zoning ordinance, which is adopted and amended by the municipality’s legislative body, as all ordinances are. 

All ordinances are uses of the government’s police power: its fundamental ability to impose requirements that are necessary for the public’s health, safety, and welfare. Zoning ordinances are a special case of this power dealing specifically with land use. They restrict the otherwise free use of property where such free use does not promote public health, safety, or welfare. 

Government is always seeking to strike a balance between a person’s “freedom to” do what they want and that person’s “freedom from” being harmed by their neighbor doing the same. The purpose of zoning regulations is, in effect, to restrict the otherwise free use of property, so resistance from property owners who are focused on this “freedom to” is a common obstacle to implementing them. This is why ordinances are supported by data documenting the intended benefits to the public health, safety, and welfare. Public engagement processes make these tradeoffs widely known, broadening the conversation to include those who are helped by the “freedom from.” However, restrictions can’t be so severe that they result in a property where no reasonable use is available at all. In that case, a court may find that the municipality has “taken” the property and must pay compensation to the property owner.

Managing shoreline development through zoning

For shoreline communities exploring how to implement the coastal resilience goals outlined in their master plan, their zoning ordinance is an important tool for managing shoreline development. A 2019 University of Michigan study20 outlines several purposes for shoreline communities to pursue shoreland management amendments to their zoning:

  1. Hazard mitigation: changes to protect shoreline property from storm-related flooding and high-energy wave damage.
  2. Post-storm response and recovery: changes to help minimize the cost of response and recovery efforts.
  3. Resource conservation and pollution control: changes to  safeguard the shoreline, conserve coastal wetlands, minimize erosion and limit non-point source pollution from impervious surfaces and septic discharges.
  4. Aesthetics / cultural preservation: changes to protect the views  along the shore and conservation of historic structures and locally important cultural features.
  5. Public access: changes to ensure access to public trust beaches for the purpose of walking and other appropriate recreational activities. 

The study goes on to identify a series of questions for communities to consider when determining the approach they should take when drafting coastal shoreland management changes to their zoning ordinance. 

  1. What are the primary goals of the ordinance, especially where goals may conflict? Most pointedly, when both objectives cannot be served simultaneously, has the community decided to save the naturally functioning beach even at the expense of a beach structure, or has it decided to allow a shoreland property owner to save the beach house even at the expense of the naturally functioning beach? 
  2. What is the appropriate method to be used in drawing boundaries and defining setbacks given the larger goals? For example: 
    • Textual definitions and references only (especially if relying on a state-established boundary); 
    • Textual descriptions and fixed/mapped locations made within the ordinance itself (i.e., established and fixed by the community in adopted the ordinance); or 
    • A textual description of the boundary conceptually and an analytical siting process conducted by local officials or by the petitioner on an as-needed basis.
  3. Given the characteristics of the shorelands at issue and the approach taken by the community through its existing code, does it make most sense for the community to adopt shoreland management provisions that are specific and fixed, providing increased certainty and requiring little discretion but reducing flexibility? Or does it make most sense to use an approach based on performance, providing more flexibility for the shoreland property owner but raising the potential for inappropriate or unwieldy discretionary decision-making by local officials? 
  4. Does the code specify monitoring and administration responsibilities? Is it credibly possible to adequately monitor and administer the new code provisions? 
  5. Is the code linked to, or at least not in conflict with, other regulatory provisions that apply to the development and use of coastal shorelands (e.g., other zoning, subdivision standards, building standards, requirements regarding septic systems)? Is it similarly linked to and in compliance with applicable state regulatory programs (e.g., the HREA program)? 
  6. Finally, does the code clearly specify an appropriate and fixed period for reviewing the boundaries of a shoreland district and/or setback, and does it clearly state the implications of adjusting those boundaries (specifically, potentially converting a permitted structure to a nonconforming use/structure status)?  

What tools are the best fit for your community?

Every coastal community has its own unique set of shoreline features and zoning requirements. The following charts provide some decision-making criteria for your community to consider when determining what type of tools to use to forward the coastal resilience goals in your master plan.

The Tool Options Chart (Figure 1) contains a series of questions about your shoreline’s physical character, zoning framework, development character, and community priorities. These questions are then cross referenced with the 15 shoreline tools included in the Compendium. For each question that you answered “Yes” to, look at the tools marked with an X in the chart. These are likely good places to start your consideration, especially ones that come up more than once. As noted in the tool descriptions, many of these tools can be “bundled” into a customized approach. 

The Effort/Impact Chart (Figure 2) organizes the 15 tools according to the relative capacity and resources required to implement the tool on the X-axis, and the impact of the tool on the Y-axis. Communities with limited capacity or those that are at the beginning of their coastal resilience efforts may want to first consider the actions that represent a smaller lift and build on those achievements. Communities that are facing repeated or long-term issues may want to look immediately toward the highest impact activities. 

A shoreline zoning district is the most comprehensive approach to regulating the coastline. This is a set of regulations that defines the use, intensity, and function of development in a specific area of a community, which is shown on the zoning map. This approach would usually apply to a group of properties with similar uses and shoreline characteristics. A shoreline district may “bundle” more than one of the zoning standards presented in this compendium.

 

Creating and adopting zoning regulations

For the coastal zoning tools highlighted in this document, there are common tasks necessary to create and adopt a zoning ordinance amendment. A zoning ordinance consists of text and a map, and either or both may be amended.

Text amendments

Text amendments change the language of the zoning ordinance. They are necessary to add new zoning techniques, add new uses to zoning districts, bring standards up to date, or implement a change in procedure. For many of the zoning tools highlighted in this Compendium, a text amendment should include the following steps:

  • Check for supporting documentation in the Master / Comprehensive Plan. Determine if the plan 1) identifies the protection of the shoreline in general or of specific shoreline features as a priority, and 2) includes recommendations that would support the proposed zoning change. If not, the plan should be amended to add these priorities.
  • Draft a statement of intent. Put in writing the reasoning for the ordinance change, keeping in mind that the proposed ordinance language should align with this justification. Ideally, the intent statement should reference goals or recommendations in the master / comprehensive plan, including those from the Zoning Plan. If amending an existing zoning district, check to make sure the district’s intent statement aligns with the proposed changes. 
  • Add definitions of any new or uncommon terms used in the text amendment to the Definitions section of the ordinance. Clear definitions for terms are vital for users to interpret the requirements. They help apply requirements that are found in other parts of the ordinance, but should not include regulatory language.
  • Review the General Provisions of the ordinance. The General Provisions are regulations that apply to all uses, buildings, and structures within districts. Examples include accessory buildings, fences, and decks. Some communities also include off-street parking, landscaping, access management, and natural features regulations that apply to all zoning districts, although many cover these requirements in separate ordinances or a dedicated “site development standards” section in the zoning ordinance.

  • If new or revised uses are proposed for a zoning district, add these to the Permitted Principal Use or Special Land Use list. Make sure that any uncommon terms are defined in the Definition section.

  • If setbacks or other dimensional standards are proposed for a zoning district, add these to the district’s lot area and bulk requirements. These are sometimes contained in a Schedule of Regulations chart that includes all zoning districts within the municipality. Typical requirements include lot size, height, setbacks, lot coverage, and density (e.g., allowable floor area or number of dwelling units).

  • If ordinance changes will make existing structures non-conforming, decide if there will be special provisions for adding to or rebuilding  non-conforming structures.  Add these to the Nonconformities section of the ordinance. 
  • Specify any permitting or review requirements. If the requirements will be reviewed as part of a site plan or special land use application, make sure to identify the standards and procedures that will be applied. 

Map amendments

The zoning map illustrates the geographic location of the districts included in the ordinance. Map amendments change the zoning designation of a parcel or parcels. For many of the zoning tools highlighted in this Compendium, the steps to amend a zoning map will include:

  • Check to see if the map change is included in the Zoning Plan of the master / comprehensive plan. If not, consider amending the plan to support the proposed map changes(s).

  • If rezoning a parcel or parcels, collect legal descriptions for affected properties. This information will be necessary for public notice of the zoning changes, as well as for a change to the official zoning map, if approved.  

  • If creating an overlay district, identify all property to be included in the overlay district. This should include a list of tax parcels and a legal description of the overlay area. This information will be necessary for public notice of the zoning changes, as well as for a change to the official zoning map, if approved.  

Amendment procedures

The MZEA stipulates hearing and notice requirements for the adoption of amendments to a zoning ordinance, including a change to the zoning map. An amendment may be initiated by the planning commission, by the elected legislative body, or by an applicant who has some interest in the property affected. 

The planning commission makes a recommendation about the amendment, and the elected body officially enacts it. A typical process is:

  • Draft an ordinance transmittal. This document describes the changes and provides a rationale for the amendment that references goals or recommendations in the master / comprehensive plan, including those from the Zoning Plan. 

  • Request staff review and comment on the transmittal. Include administering agencies and departments as well as municipal counsel.

  • Provide public notice of the proposed amendment and associated public hearing. The MZEA requires this notice to be given at least 15 days before the scheduled public hearing.

  • Mail notice of map amendments. For map amendments, notices must be mailed to property owners and occupants of all properties within a 300 foot radius of the of the subject property.

  • Hold a public hearing. The planning commission holds a hearing in accordance with the Michigan Open Meetings Act to receive comments on the proposed change.
     
  • Planning commission recommendation. Following the public hearing, the planning commission votes on whether to recommend the proposed change and submits a report to the legislative body with its recommendation. For townships, the proposal and recommendation must also be submitted to the county or regional planning commission for their review and advice, unless the county/regional planning commission has waived that requirement.

  • Legislative action. The legislative body may decide to conduct a further hearing before it votes to adopt the amendment as submitted, amend the amendment, or reject it. In townships, once a zoning amendment has been enacted by the township board, it is potentially subject to a voter referendum.

  • Publication of the amendment. This must be accomplished within 15 days following adoption. Published notices of amendments may be printed in their entirety, or simply contain a summary of the effect of the amendment. For a map amendment (rezoning), this must include a geographic description of the properties affected. 

20  Richard K. Norton et al, “Local Zoning in Michigan for Great Lakes Coastal Shoreland Management: Initial Findings and Guidance.” https://gtbay.org/wp-content/uploads/2022/12/Norton_Local-Zoning-in-Michigan-for-Great-Lakes-Coastal-Shoreland.pdf Retrieved May 2025.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

State-Designated Lands in Michigan (Data courtesy of EGLE Maps & Data)
High-Risk Erosion Areas (HREAs), Critical Dune Areas (CDAs), and Environmental Areas (EAs) (Mobile users, click here to view the map)

Tool options guide

See Tool Options Chart - For Steering Committee Review

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