Title 16, ConservationRelease 119-110

§460x–8 Zoning Bylaws

Title 16 › CHAPTER 1 — NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › SUBCHAPTER LXXXII — SLEEPING BEAR DUNES NATIONAL LAKESHORE › § 460x–8

Last updated Sep 22, 2026|Official source

Summary

The Secretary must help any township or county next to the lakeshore make zoning rules when they ask. The Secretary can give advice, meet with local officials, and may pay for technical help. If a county or township has a zoning rule that the Secretary approves and a built-up property follows that rule, the Secretary cannot take that property by condemnation. If there is no approved local rule, an owner can give the Secretary a written promise to use the property the way the Secretary requires, and then the Secretary may not take the property so long as the owner keeps that promise. If the Secretary finds a property is not being used as the rules require, he must write to the owner and explain why. The owner has 60 days to stop the noncompliant use. If the owner stops, the Secretary may not take the property for that reason. If the owner does not stop within 60 days, the Secretary may choose to take the property by condemnation. The Secretary must approve a local zoning rule only if it mostly bans commercial and industrial uses (except certain allowed commercial uses), protects the lakeshore’s scenic and scientific values under Michigan law, limits burning, timber cutting (except for sustained-yield tracts), sand or gravel removal, dumping or piling refuse, and other uses that would harm the lakeshore, sets a 50-foot setback from streets and 25 feet from neighboring properties, and gives the Secretary notice of any variances or exceptions. Once approved, that approval stays while the rule is in effect and does not apply to past actions.

Full Legal Text

Title 16, §460x–8

Conservation, Source: USLM XML via OLRC

(a)Authority of Secretary to assist any township or county in or adjacent to lakeshore; payments for technical aid

The Secretary shall, at the request of any township or county in or adjacent to the lakeshore affected by this subchapter, assist and consult with the appropriate officers and employees of such township or county in establishing zoning bylaws for the purpose of this subchapter. Such assistance may include payments to the county or township for technical aid.

(b)Suspension of condemnation power over improved property

No improved property within the area designated for inclusion in the lakeshore shall be acquired by the Secretary by condemnation so long as the affected county or township has in force and applicable thereto a duly adopted, valid zoning bylaw approved by the Secretary in accordance with the provisions of subsection (d) of this section and the use of improved property is in compliance therewith. In the event that the affected county or township does not have in effect and applicable to any improved property a duly adopted, valid zoning bylaw so approved, the Secretary shall be prohibited from acquiring such property by condemnation, if the owner thereof notifies the Secretary in writing of such owner’s agreement to use his property in a manner consistent with the applicable standard set forth in subsection (d) of this section, and such prohibition against condemnation shall remain in effect for so long as such property is so used.

(c)Notification of owner by Secretary of use of property inconsistent with applicable bylaws or standards; requirements of notice; discontinuance of use by owner; condemnation upon failure to discontinue use

If the Secretary determines that any such property referred to in subsection (b) of this section covered by any such bylaw is being used in a way which is not in substantial compliance with such bylaw, or that any such property referred to in subsection (b) with respect to which an agreement has been made is being used in a manner which is not substantially consistent with such applicable standards, he shall so notify the owner of any such property in writing. Such notice shall contain a detailed statement as to why the Secretary believes that such use is not in substantial compliance with such zoning bylaw or why such use is not substantially consistent with such applicable standards, as the case may be. Any such owner shall have sixty days following the receipt by him of that written notification within which to discontinue the use referred to in such notification. Discontinuance of such use within such sixty-day period shall have the effect of prohibiting the Secretary from acquiring such property by condemnation by reason of such use. In any case in which such use is not discontinued within such sixty-day period, the Secretary may, in his discretion, acquire such property by condemnation.

(d)Conditions for approval by Secretary

Any zoning bylaw or amendment thereto submitted to the Secretary for approval for the purposes of this subchapter shall be approved by him if such bylaw or amendment contains provisions which—

(1)contribute to the effect of prohibiting the commercial and industrial use (other than a use for a commercial purpose as authorized under section 460x–12 of this title) of all property within the boundaries of such area which is situated within the county or township adopting such bylaw or amendment;

(2)are consistent with the objectives and purposes of this subchapter so that, to the extent possible under Michigan law, the scenic and scientific values of the lakeshore area will be protected;

(3)are designed to preserve the lakeshore character of the area by appropriate restrictions upon the burning of cover, cutting of timber (except tracts managed for sustained yield), removal of sand or gravel, and dumping, storage, or piling of refuse and other unsightly objects or other uses which would detract from the natural or traditional lakeshore scene;

(4)provide that no construction, reconstruction, moving, alteration, or enlargement of any property, including improved property as defined in this subchapter, within the lakeshore area shall be permitted, if such construction, reconstruction, moving, alteration, or enlargement would afford less than a fifty-foot setback from all streets measured at a right angle with the street line, and a twenty-five-foot distance from all contiguous properties. Any owner or zoning authority may request the Secretary of the Interior to determine whether a proposed move, alteration, construction, reconstruction, or enlargement of any such property would subject such property to acquisition by condemnation, and the Secretary, within sixty days of the receipt of such request, shall advise the owner or zoning authority in writing whether the intended use will subject the property to acquisition by condemnation; and

(5)have the effect of providing that the Secretary shall receive notice of any variance granted under, and of any exception made to the application of, such bylaw or amendment.

(e)Withdrawal or revocation of approval by Secretary; retroactive effect

The approval of any bylaw or amendment pursuant to subsection (d) shall not be withdrawn or revoked by the Secretary for so long as such bylaw or amendment remains in effect as approved. Any such bylaw or amendment so approved shall not be retroactive in its application.

Reference

Citations & Metadata

Citation

16 U.S.C. § 460x–8

Title 16, Conservation

Last Updated

Sep 22, 2026

Release point: 119-110