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State Boundary Commission - Petitions
The State Boundary Commission (SBC) is responsible for administering the State Boundary Commission Act, 1968 PA 191 and portions of the Home Rule City Act, 1909 PA 279, and the Home Rule Village Act, 1909 PA 278.
By submitting a petition, it is understood all other methods to adjust the municipal boundary have failed. It is assumed a mutual agreement or an Act 425 Conditional Transfer Agreement have been discussed to no final conclusion. It is also understood the proposed boundary adjustment already abuts the city/village non-conditional limit.
The petition process consists of three (3) separate meetings of the SBC.
- A Legal Sufficiency Meeting for the state-appointed SBC members to review the petition to determine if the adjustment is appropriate based on the merits of questionnaire responses and the facts. This meeting is held in Lansing, Michigan.
- A Public Hearing held in the general area of the proposed adjustment to listen to the comments of the general public from the effected city/village and the township.
- A Recommendation Meeting of the full SBC where commissioners are able to deliberate and make one of three potential decisions. This meeting is also held in Lansing, Michigan.
- Recommend to the LARA Director the denial of the petition.
- Recommend to the LARA Director the approval of a modified petition.
- Recommend to the LARA Director the approval of the petition.
SBC relies on the clerks of the city, township and village, as appropriate, and the petitioner to provide information that is required to comply with the State Boundary Commission Act, 1968 PA 191, and to make necessary arrangements for the Public Hearing. Specific needs include:
Before the Legal Sufficiency Meeting,
- The applicable clerks and petitioner submit the applicable questionnaire below which outlines issues covered in MCL 123.1009. The questionnaire must be returned to SBC at least 35 days prior to the Legal Sufficiency Meeting.
- SBC staff shall contact the appropriate clerk to determine a location and three (3) potential dates to conduct the Public Hearing. The dates and locations must be set prior to the Legal Sufficiency Meeting so the final arrangements can be determined at the meeting.
If found to be legally sufficient, and before the Public Hearing,
- The appropriate clerk will confirm the final arrangements with the venue for the Public Hearing within five (5) business days after the Legal Sufficiency Meeting.
- The appropriate clerk will notify SBC staff of the name, address, and phone number of the local newspaper within five (5) business days after the Legal Sufficiency Meeting.
- The appropriate clerks are required to supply SBC staff with the names and addresses of property owners within 300 feet of the proposed area at least 45 days prior to the Public Hearing.
- Written public comments will be accepted by SBC staff until the close of the Public Hearing. Any correspondence sent to the clerks regarding the petition should be brought to the Public Hearing and must be provided to SBC staff.
After the Public Hearing and before the Recommendation Meeting,
Public hearing comments will be provided to the appropriate clerks or their legal representatives. A municipality, petitioner, or their legal counsel will be allowed to submit one (1) written rebuttable after receipt of the comments. Final rebuttals, if any, must be received 10 days after delivery of the public hearing comments. The packet for the Recommendation Meeting will be sent to all applicable parties at least 10 days prior to the meeting.
Since SBC staff cannot provide legal advice, all parties are encouraged to consider consultation with legal counsel on questions of law. A municipality, petitioner, or their legal counsel may be asked by the SBC Chair for a specific perspective to help clarify issues within the commissioners' minds. Keep in mind, however, that the proceedings are fact-finding in nature.
How to Submit
Procedures
- LARA Home Rule City Incorporation Procedure
- LARA Annexation Procedure
- LARA Home Rule Village Incorporation Procedure
Questionnaires
Public Hearings
Questions should be directed to the Office of Land Survey and Remonumentation at 517-241-6321.