Simon PLC Attorneys & Counselors – July 2026 Memorandum
Proposed Amendments to the Michigan Zoning Enabling Act
Troy, MI. The Michigan Zoning Enabling Act (Act 110 of 2006, MCL 125.3101 et seq.) grants municipalities legal authority to regulate land development, establish zoning districts, and enact local zoning ordinances. It reflects the values of local control and public accountability. Certain amendments to the Act have been proposed, with sponsors arguing that they are in response to the need for affordable housing in Michigan. Local governments and homeowners in existing neighborhoods object, arguing that zoning and infrastructure decisions must be governed by the local community, and that the proposed changes will not necessarily result in lower costs for prospective home buyers.
To summarize, the proposals would preempt local zoning regulations in the following main areas:
- Duplexes would be permitted in areas zoned single-family residential.
- Accessory Dwelling Units (such as backyard cottages or garage apartments) would be permitted in all residential zones.
- Municipalities would be prohibited from setting minimum lot sizes larger than 2500 square feet, and from requiring homes larger than 500 square feet. Front setback requirements would also be capped at 15 feet.
- Mobile homes would be allowed in any residential zoning district.
- Parking requirements for multifamily housing developments would not be able to require more than one parking space per unit.
- Local governments would be required to approve, reject, or conditionally approve site plans within 60 days, and would be limited in the additional information they can request.
Local governments, in objecting to these proposals, state that they will increase density in established neighborhoods, and put undue stress on existing infrastructure. A troubling issue is that more than 60 days might be required to determine whether roads, sewer systems and stormwater infrastructure can support new development. As anyone who’s applied for development approvals knows, the time frame depends on the city’s meeting schedules, availability of surveyors, inspectors, and other professionals, and the number of revisions requested. And a larger development, with more aspects to examine, will always take more time and personnel to review – one size does not fit all when it comes to approval schedules.
A further concern is that the effect of reduced lot and house minimum requirements will be to eliminate the character of established neighborhoods and negatively impact the values of existing homes. Additionally, the proposals would require that the notification area for rezoning request noticing be expanded from 100 to 300 feet. This would dilute the opinions of established residents closest to the proposed change in use or density.
The sponsors of these bills argue that the changes would reduce the cost of development and construction and allow more “starter homes” and multifamily options to be made available. However, the bills contain no requirement that developers pass savings along to home buyers or renters. Most local governmental officials who’ve commented on the legislation state that individual cities prefer to work locally to determine what zoning updates would best serve the area and its citizens, and to work directly with individual applicants to reach the optimal result.
The affordability issue in housing is genuine. Many municipalities are participating in programs through the Michigan State Housing Development Authority, including the MI Neighbor grant program, to address the problem. The proposed restrictions are a significant intrusion into the local decision-making that has been a guiding principle of Michigan zoning. Our Firm will be available to advise on the progress of this legislation and any resulting impact on your property.
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