USE LEADERSHIP COUNCIL
MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY
WHEREAS, Article V, Section 4 of the Michigan
Constitution of 1963 authorizes the establishment of temporary commissions or
agencies for special purposes;
WHEREAS, the State of Michigan is experiencing
the outward migration of population and economic activity from Michigan’s
urban areas resulting in land use change in rural and urban areas;
WHEREAS, outward migration and land use change
has significantly impacted development patterns; traffic, air, and water
resources; historic, cultural, and scenic resources; open space, wetlands, and
agriculture; the availability of affordable housing; and the ability of this
State and its local governments to finance public facilities and service
WHEREAS, Michigan’s sprawling low-density
growth pattern is projected to consume additional land at a rate that exceeds
six to eight times the rate of population growth, creating a strain on the
efficient provision of public services;
WHEREAS, Michigan’s land-based industries are
important to the economy of this State including agriculture, Michigan’s
second largest industry, which annually generates nearly $40 billion in
economic activity, tourism, which generates nearly $12 billion in economic
activity annually, and forestry, which annually generates nearly $9 billion
in economic activity;
WHEREAS, between 1982 and 1997, Michigan lost
over 1 million acres of farmland;
WHEREAS, Michigan’s vital natural resources,
which are an important economic, environmental, and social aspect of this
State, continue to be fragmented and impacted by encroaching development;
WHEREAS, the unplanned, uncontrolled
consumption of open space not only impairs the quality of Michigan’s land,
water, and ecosystems, but will also threaten Michigan’s social and economic
well-being if not met with strong leadership and vision;
WHEREAS, state-initiated land use coordination
efforts will result in cost savings; better prioritization of limited state
resources spent on public infrastructure; better stewardship of Michigan’s
agricultural, natural, historic, scenic, and cultural resources; an increased
supply of affordable housing; orderly, safe, and well-planned urban and rural
communities; preservation of important historic and scenic resources; and an
expansion in private economic development activities;
NOW, THEREFORE, I, Jennifer M. Granholm,
Governor of the State of Michigan, pursuant to the powers vested in me by the
Michigan Constitution of 1963 and the laws of the State of Michigan, order
LAND USE LEADERSHIP COUNCIL
A. The Michigan Land Use Leadership Council
(“Council”) is created within the Department of Environmental Quality.
B. The Council shall have 26 members.
C. The Speaker of the House of
Representatives, the House Minority Leader, the Senate Majority Leader, and
the Senate Minority Leader each may designate one member of the Michigan
Legislature to participate as members of the Council.
D. From a list of candidates recommended by
the Speaker of the House of Representatives and the Senate Majority Leader,
the Governor shall appoint 11 members of the Council.
E. After consultation with the House Minority
Leader and the Senate Minority Leader, the Governor shall appoint 11
additional members of the Council.
F. The Directors of the Departments of
Agriculture, Consumer and Industry Services, Environmental Quality, History,
Arts and Libraries, Natural Resources, and Transportation, or their
designees, shall serve as ex officio, non-voting participants at meetings of
G. Members of the Council appointed by the
Governor shall serve at the pleasure of the Governor.
H. A vacancy on the Council shall be filled in
the same manner as the original appointment.
II. CHARGE TO
B. The Council is advisory in nature and
1. Identify the trends, causes, and
consequences of unmanaged growth and development.
2. Provide recommendations to the Governor and the Legislature designed to
minimize the negative economic, environmental, and social impacts of current
land use trends; promote urban revitalization and reinvestment; foster
intergovernmental and public-private land use partnerships; identify new
growth and development opportunities; and protect Michigan’s natural
resources, including farmland and open space, and better manage the cost of
public investments in infrastructure to support growth.
B. In exercising its duties the Council may:
1. Evaluate the effectiveness of current
state, regional, and local land use laws, including but not limited to zoning
and planning laws, housing laws, building codes, and annexation laws.
2. Survey developers, builders, contractors, farmers, planners, engineers,
surveyors, environmentalists, historic preservationists, attorneys,
academics, citizen groups, others in the private sector, state agencies, and
local governmental agencies about problems associated with current land use
trends and current policies and suggested policy changes.
3. Stimulate statewide discussion on problems related to current land use
trends, identifying best development practices and alternative land use and
capital investment solutions.
4. Review model legislation and studies on land use techniques and collect
information on states that have developed innovative solutions to similar
land use challenges.
5. Identify any state programs or regulations that directly or indirectly encourage
or subsidize low-density development and outward migration from urban areas.
6. Identify public information, training, and technical assistance related to
land use needed by state, regional, and local agencies.
7. Identify incentives or techniques for sharing the benefits of economic
growth and eliminating or reducing fiscal competition among local units of
government and for fostering intergovernmental cooperation.
8. Propose innovative and cooperative land use approaches that will
accommodate and guide growth and development through cooperation and
partnerships on a local and regional basis; ensure the construction of
adequate supporting services and infrastructure, including utilities, storm
water management systems, and transportation; provide opportunities for or
eliminate barriers to affordable housing; protect the environment and
historic and scenic resources; enhance community livability; preserve
farmland; and minimize negative impacts on natural resources.
C. The Council shall complete its work and
issue a final report and recommendations, including any proposed legislation,
to the Governor, the Clerk of the Michigan House of Representatives, and the
Secretary of the Michigan Senate by August 15, 2003.
OPERATIONS OF THE COUNCIL
A. The Governor shall designate two members of
the Council appointed by the Governor as Co-Chairpersons who shall share
equally the powers of directing the Council. The Co-Chairpersons shall serve
as Co-Chairpersons at the pleasure of the Governor.
B. The Council shall be staffed by personnel
within the Department of Environmental Quality, as designated by the
Director. The Directors of the Departments of Agriculture, Consumer and
Industry Services, History, Arts, and Libraries, Natural Resources, and
Transportation shall provide personnel assistance to the Council at the
request of the Director of the Department of Environmental Quality.
C. The Co-chairpersons shall appoint an
executive coordinator for the Council.
D. The Council may adopt procedures, not
inconsistent with Michigan law and this Order, governing its organization and
operations. The Council may establish subcommittees as it deems advisable.
E. The Council shall meet at the call of the
Co-chairpersons and as may be provided in procedures adopted by the Council.
F. A majority of the serving members
constitutes a quorum for the transaction of business of the Council at a
meeting, notwithstanding the existence of one or more vacancies. The Council
shall act by a majority vote of its serving members.
G. In developing recommendations, the Council
may, as appropriate, make inquiries, studies, investigations, hold hearings,
and receive comments from the public. The Council may consult with outside
experts in order to perform its duties.
H. Members of the Council shall serve without
compensation. Members of the Council may receive reimbursement for necessary
travel and expenses according to relevant statutes and the rules and
procedures of the Department of Management and Budget and the Civil Service
Commission, subject to available appropriations.
I. The Council may hire or retain such
contractors, sub-contractors, advisors, consultants and agents, and may make
and enter into contracts necessary or incidental to the exercise of the
powers of the Council and the performance of its duties as the Director of
the Department of Environmental Quality deems advisable and necessary, in
accordance with the relevant statutes, rules, and procedures of the Civil
Service Commission and the Department of Management and Budget.
J. The Council may accept donations of labor,
services, or other things of value from any public or private agency or
K. Members of the Council appointed by the
Governor shall refer all legal, legislative, and media contacts to the
Department of Environmental Quality.
A. All departments, committees, commissioners,
or officers of this State or of any political subdivision of this State shall
give to the Council, or to any member or representative of the Council, any
necessary assistance required by the Council, or any member or representative
of the Council, in the performance of the duties of the Council so far as is
compatible with its, his, or her duties. Free access shall also be given to
any books, records or documents in its, his, or her custody, relating to
matters within the scope of inquiry, study, or investigation of the Council
B. The invalidity of any portion of this Order
shall not affect the validity of the remainder the Order
This Executive Order is effective upon filing.
Given under my hand and the Great Seal of the
State of Michigan this 27th day of February, 2003.
Jennifer M. Granholm
BY THE GOVERNOR:
SECRETARY OF STATE