Who We Are
In response to the proposed open pit gravel mine, concerned citizens formed Friends of the Platte River Watershed, an environmental nonprofit, to protect this beautiful area we call home.
Legal Fund
Legal assistance is necessary to fight this kind of battle. Our organization has retained the law firm of Olson, Bzdok & Howard to represent our interests.
Donate
This fight is expensive. Every dollar helps. Donate above or send your donation to:
Friends of the Platte River Watershed
15250 Fewins Road
Interlochen, MI 49643
Get Involved
Fight the incursion of a new gravel pit in a residential area. Show your community support by attending the zoning meeting on September 16th. Contact us at hello@platteriverwatershed.org to find out how your talents can be put to use.
Spread the Word
Tell your friends and neighbors. For the latest updates, join and follow
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Open Pit Gravel Mines Depress Property Values — FOR MILES!
Numerous studies show that this type of mining dramatically depresses property values for miles around. Values drop from 5% as far aways as 3-miles and as much as 35% within 1/2–mile!
Damaged Property Values Screw Up Tax Revenues
It only follows that decreased property values lead to a decrease in tax revenues for the townships and Benzie County. To address these shortfalls, governments either need to cut back — or increase everyone's tax rates. So even if your property value doesn't fall, you are still negatively affected by the overall value damage!
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Every Dollar Matters
Support our community by contributing what you’re able to protect the Platte River Watershed. Click on the amount to place donation.
If you prefer donating by check, please send contributions to:
Friends of the Platte River Watershed
15250 Fewins Road
Interlochen, MI 49643
Want to contribute your time and talents? We would love your help!
Email hello@platteriverwatershed.org to get involved.
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One Scary Piece of Legislation!
Just when you thought it was safe to go back into the forest, an amendment to 2006 PA 110, known as “the Michigan zoning enabling act,” is proposed. It is Senate Bill 431.
This is a highly biased piece of legislation that would make it possible for a mine to open ANYWHERE in the state! Worse, it strips away all local zoning authority. There is no way to stop a mine from opening anywhere someone wants it to. Click here to download a copy of Senate Bill No. 431 and read it for yourself.
The path to Senate Bill No. 431
a brief history
Silva v. Ada Township 416 Mich. 153.330 NW 2d 663 1982
This case found in favor of Silva and articulated the ruling which held that a zoning ordinance is unreasonable if the person challenging the ordinance (applicant) can show that there are natural resources on the property and that “no very serious consequences” would occur from mining them. This became known as the ‘Silva Test.’
Kyser v. Kasson Township 786 NW 2d 543 MI Supreme Court 2010
This landmark case removed the ‘very serious consequences’ requirement for denying the opening of a gravel mine. This case reached the Michigan Supreme Court which stated in its ruling “that the rule of Silva is not a constitutional requirement and, in fact, violates the constitutional separation of powers. Further, we [the Michigan Supreme Court] conclude that the rule is superseded by the exclusionary zoning provision, MCL 125.297a of the TZA, now MCL 125.3207 of the Zoning Enabling Act (ZEA).” With this ruling, local planning commissions had broad control over local zoning regulations. This greatly upset the aggregate industry.
Public Act 113 created the current MCL 125.3205 part of the Michigan Zoning Enabling Act 2011
Prodded by the aggregate lobby, legislators pushed this new law through in a matter of days with virtually no public input. The main thrust of the new law was to reinstate the Silva Test. However, it also added the requirement of the applicant to show a need for gravel personally or within the regional market.
MDOT Michigan Aggregates Market Study Phase I Report October 3, 2016 [ To obtain a copy, e-mail hello@platteriverwatershed.org ]
For the aggregate industry, PA 113 didn’t go far enough. This MDOT sponsored report attempts to make several key points: Michigan’s gravel reserves are running out, transportation costs beyond short distances hurt operational profitability and could dramatically raise costs, new gravel mines must be opened to reduce costs, and local zoning control makes opening new mines far too difficult.
MDOT claims this study was impartial. However, the Detroit Free Press uncovered that the report’s conclusion was pre-ordained by the Michigan Aggregate Associaiton (MAA), the industry’s lobbying group. While framed as a research report, it admits it fudges (adjusts) its numbers and doesn’t disclose information sources.
This report conveniently ignores the evaluation of alternative materials, sources, and transportation methods. Nor does it mention that more detailed mapping of mineral deposits in areas of ‘shortage’ would be helpful. Surprisingly, it also reveals that transporting materials over long distances is not overly costly as is claimed. Long distance shipping is currently being done profitably by truck, rail, and ship – in and out of state and the country!
Since the Detroit Free Press uncovered emails through FOIA requests this past summer, MDOT’s Aggregates Market Study has come under heavy scrutiny and criticism. There are currently two investigations into its validity, one by the Michigan’s Auditor General and another ordered by the director of MDOT itself.
Senate Bill No. 431 amending section 205 (MCL 125.3205) August 20, 2019
Born from the fallacious conclusions of the MDOT Report and heavy lobbying from the MAA, this bill totally prevents cities and townships from prohibiting gravel or other mining operations — period. It flips the burden of proof on its head and makes “very serious consequences” of any kind essentially impossible to prove.
The current balance that exists between local governments, mining interests, citizens, and property owners has already been struck. There is no basis for these amendments other than to subordinate the interests, health, safety and welfare of citizens, the environment, rights of property owners, and control of local governments all to the profit motives of a single industry.
Keep watch on this site for an in-depth analysis of SB 431.
Besides being a morally repugnant money grab, there are numerous legal issues with this bill. Stay tuned!