Competing proposals to regulate gravel mining are moving through the Michigan legislature, and one approach to shift authority over decisions to the state is causing concern in Leelanau County and beyond.

A three bill package – Senate bills 429, 430, and 431 – sponsored by Senate Majority Leader Jim Ananich, D-Flint, would shift authority for regulating gravel mining operations from local officials to the Department of Environment, Great Lakes, and Energy (EGLE).

The bills would allow mines on parcels of 10 acres or larger and lay out the application process for aggregate operations, which would provide opportunities for public input but would preempt local ordinances, policies, and regulations.

The legislation, which cleared the Senate in early June, is now in the House Local Government and Municipal Finance Committee, where lawmakers held a hearing on the bills and a competing proposal, House Bill 4875, sponsored by Rep. Julie Alexander, R-Hanover, on June 21, shortly before the summer recess.

The Senate bills are backed by the Michigan Aggregates Association, as well as a “Built it Michigan Strong Coalition” that includes the Michigan Chamber of Commerce, Michigan Teamsters, and Michigan Manufacturers Association, as well as concrete and asphalt associations and labor groups.

The House bill is supported by the Michigan Townships Association, Michigan Municipal League, and local government officials and property rights advocates.

The legislation is the latest of numerous legislative attempts in recent years to resolve conflicts between the aggregate industry and local municipalities over gravel mining operations. Current law states local governments cannot prevent extraction of natural resources from any property unless “very serious consequences” would result, and puts the burden on municipalities to prove that’s the case.

The law also restricts local regulations to five areas: hours of operation, blasting hours, noise levels, dust control measures, and traffic.

The Michigan Aggregates Association argues local officials have delayed permitting in many areas of the state by slow walking applications, or placing moratoriums on gravel mining permits to study the issue, and favor the Senate bills to create a standardized statewide system that allows experts at EGLE to assess potential impacts to the environment.

And while the Senate bills would only apply to new gravel mining operations, proponents contend increasing sources for gravel will cut down on gas, time and emissions to transport the product to construction sites, which would substantially reduce costs for taxpayers.

“Communities have continued to block and hamper our industry from obtaining access to sand and gravel, and this resistance has grown stronger through the use of social media and other anti-mining tactics,” Doug Needham, executive director of Michigan Aggregates Association testified.

Several local officials who testified in committee countered that the current system — and added timelines for local approval in the House legislation — provides a better avenue for resolving issues between operators and local residents, and argued a top-down one-size-fits-all approach would create unnecessary conflicts. Locals also claimed EGLE is not prepared to properly manage a statewide permitting system in a way that can quickly address emerging issues.

“The industry did state in testimony … the number one issue is lack of action from local governments,” said Judy Allen, with the Michigan Townships Association. HB 4875 “would put time frames on when local governments must act on applications.”

In Leelanau County, Kasson Township officials worked for years to regulate gravel mining operations, eventually creating a gravel mining district that currently restricts mining to an area with enough resources to service the region for the next 75 years, township supervisor Greg Julian said.

“The citizens worked extremely diligently back in the 90s to form this mining district,” he said. “We put a system in place that works very well for such a large mining operation.”

As it is now, “a citizen can rely on the boundary line,” he said, but the Senate bills would essentially erase the district to allow operations on any parcel larger than 10 acres, Julian said.

“Local citizens want a say in almost all issues, but especially in something as intrusive as a mining operation,” he said.

The removal of local control is especially concerning for Anthony Forton, who lives within a quarter-mile of Kasson Township’s gravel mining district. A local gravel company recently purchased and cleared property between his and the district, and he’s concerned operations could soon move next door if the Senate bills are approved.

“I could have a mine 200-300 feet off my property line,” Forton said, citing concerns about noise, health hazards from silica, traffic and other issues. “My property value would just drop incredibly.”

“This is not good for Leelanau County, and quite frankly not good for the state,” he said.

Neighbor Jerry Mansur, who organizes Leelanau Citizens for Responsible Gravel Mining https://www.facebook.com/groups/2136353829993663, echoed Forton’s concerns, and he’s not convinced EGLE can do a better job of regulating the industry.

State officials “aren’t monitoring any dust or anything coming out of these pits. They start at 6:30 in the morning and these things are a real nuisance,” he said. “Now, (if the Senate bills pass) they’re going to be in everybody’s back yard, and that’s not good.”

pictured: Gravel mining pit by a Michigan farm, courtesy Michigan Townships Association