Need & Value vs. Very Serious Consequences

Professional geologist and mining expert Mike Wilczynski, CPG, and Jim Brouwer developed this paper for the Homestead Inland Joint Planning Commission, where it was presented on March 6, 2020. It explains an important concept in Michigan mining law known as “Need and Value vs. Very Serious Consequences.”

As Springfield Township evaluates the proposed sand and gravel mine, resources like this help explain the legal framework Michigan courts and planning commissions use when reviewing mining proposals.

Under Michigan zoning law governing natural resource extraction, a mining applicant must demonstrate three key things:

• that valuable natural resources actually exist on the property
• that there is a real market need for those resources
• and that mining will not create “very serious consequences.”

The paper examines those questions using the same approach Michigan courts use. In the case analyzed, the authors found that the local market already had sufficient gravel supply and that no credible economic value had been demonstrated for the specific resource on the property.

The analysis also identified numerous potential “very serious consequences,” including impacts to existing land uses, environmental damage, property value losses, traffic safety concerns, and risks to public health and welfare.

This paper was prepared for a different township and evaluates a specific case study. It is shared here as an educational resource to help residents understand the legal framework Michigan courts use when evaluating natural resource extraction proposals.

This paper is shared as an informational resource for residents interested in learning more about how concepts like need, value, and potential consequences are discussed in the context of mining proposals.

Read the full paper here: “Need and Value vs. Very Serious Consequences“