Attorney General Cox issued an opinion this week answering eight questions on the Michigan Zoning Enabling Act (MZEA) asked by Senator Gilda Jacobs and Representative Vagnozzi this week (OAG No. 7201) . The MZEA was enacted in 2006 and consolidated Michigan's three zoning laws into a single statute. Among the questions addressed by the Attorney General was whether the new requirement that a member of the planning commission be appointed to the zoning board of appeals required removal of a member. The Attorney General replied that the municipality was not required to remove a member to make room for the new member. The municipality could adopt an ordinance to expand the board or temporarily expand the board to accommodate the new member. The Attorney General also discussed the circumstances under which a planning commissioner appointed to the board of appeals would be required to abstain from a decision of the board.

A clean up bill is being prepared in the House to clarify various provisions in the act. House consideration is expected to begin this Spring.