Mich. Comp. Laws » Michigan Compiled Laws / Chapter 125 / Act 110 of 2006
Michigan Compiled Laws

Mich. Comp. Laws § 125.3208 (2026)

Nonconforming uses or structures.

✓ current as of July 2026
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MICHIGAN ZONING ENABLING ACT


Act 110 of 2006


125.3208 Nonconforming uses or structures.

Sec. 208.

    (1) If the use of a dwelling, building, or structure or of the land is lawful at the time of enactment of a zoning ordinance or an amendment to a zoning ordinance, then that use may be continued although the use does not conform to the zoning ordinance or amendment. This subsection is intended to codify the law as it existed before July 1, 2006 in section 16(1) of the former county zoning act, 1943 PA 183, section 16(1) of the former township zoning act, 1943 PA 184, and section 3a(1) of the former city and village zoning act, 1921 PA 207, as they applied to counties, townships, and cities and villages, respectively, and shall be construed as a continuation of those laws and not as a new enactment.

    (2) The legislative body may provide in a zoning ordinance for the completion, resumption, restoration, reconstruction, extension, or substitution of nonconforming uses or structures upon terms and conditions provided in the zoning ordinance. In establishing terms for the completion, resumption, restoration, reconstruction, extension, or substitution of nonconforming uses or structures, different classes of nonconforming uses may be established in the zoning ordinance with different requirements applicable to each class.

    (3) The legislative body may acquire, by purchase, condemnation, or otherwise, private property or an interest in private property for the removal of nonconforming uses and structures. The legislative body may provide that the cost and expense of acquiring private property may be paid from general funds or assessed to a special district in accordance with the applicable statutory provisions relating to the creation and operation of special assessment districts for public improvements in local units of government. Property acquired under this subsection by a city or village shall not be used for public housing.

    (4) The elimination of the nonconforming uses and structures in a zoning district is declared to be for a public purpose and for a public use. The legislative body may institute proceedings for condemnation of nonconforming uses and structures under 1911 PA 149, MCL 213.21 to 213.25.

History: 2006, Act 110, Eff. July 1, 2006 ;-- Am. 2008, Act 12, Imd. Eff. Feb. 29, 2008 ;-- Am. 2010, Act 330, Imd. Eff. Dec. 21, 2010

Notes of Decisions
Cited in 25 cases (13 in the last 5 years), 2014–2026 · leading case: Twp. of Fraser v. Harvey Haney, 932 N.W.2d 239 (Mich. Ct. App. 2018).
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Twp. of Fraser v. Harvey Haney, 932 N.W.2d 239 (Mich. Ct. App. 2018). · cites it 3× “EFFECT ON THE MICHIGAN ZONING ENABLING ACT Amicus curiae Michigan Townships Association argues that if defendants are allowed to continue to keep and raise hogs on the subject property because the applicable statute of limitations has barred plaintiff's complaint, it would…”
Lathfield Investments, LLC v. City of Lathrup Vill., Mich., 136 F.4th 282 (6th Cir. 2025). “1993); Mich. Comp. Laws § 125.3208 (1) (codifying the doctrine of nonconforming use as applied to the zoning laws of “counties, townships, and cities and villages”).”
Moskovic v. City of New Buffalo (W.D. Mich. 2022). · cites it 5× “Mich. Comp. Laws § 125.3208 (1). In other words, “alterations to zoning or other property-use ordinances may only apply prospectively and may not destroy already-vested property interests.”
Trail Side LLC v. Vill. of Romeo (Mich. Ct. App. 2017). · cites it 3× “3208(1) provides: “If the use of a dwelling, building, or structure or of the land is lawful at the time of enactment of a zoning ordinance or an amendment to a zoning ordinance, then that use may be continued although the use does not conform to the zoning ordinance or…”
Trail Side LLC v. Vill. of Romeo (Mich. Ct. App. 2017). · cites it 3× “3208(1) provides: “If the use of a dwelling, building, or structure or of the land is lawful at the time of enactment of a zoning ordinance or an amendment to a zoning ordinance, then that use may be continued although the use does not conform to the zoning ordinance or…”
Southfield Lodge Inc v. City of Southfield Zoning Bd. of Appeals (Mich. Ct. App. 2019). · cites it 2× “MCL 125.3208(1) provides: “If the use of a dwelling, building, or structure or of the land is lawful at the time of enactment of a zoning ordinance or an amendment to a zoning ordinance, then that use may be continued although the use does not conform to the zoning ordinance or…”
20230202_C358584_66_358584.Opn.Pdf (Mich. Ct. App. 2023). · cites it 2× “Indeed, the only current state statute mentioned in defendants’ brief on appeal is inclusion in their table of authorities of MCL 125.3208, which says nothing about public hearings or revocation of nonconforming use permits.”
McCausland v. Canton (E.D. Mich. 2019). · cites it 2× “§ 125.3208 (Unlawful Expansion of a Legal Non-Conforming Use - Nuisance Per Se); and (4) Chapter 78, Article VII of the Township Code of Ordinances - Property Maintenance Code (for failure to maintain exterior property areas, storing or keeping inoperative or unlicensed…”
Moskovic v. City of New Buffalo (W.D. Mich. 2022). · cites it 2× “” Mich. Comp. Laws § 125.3208 (1). According to Plaintiffs’ complaint, however, their use of property for short-term rentals was not lawful under Ordinance 237 because they never obtained a permit for that use.”
Kas Dalaly v. Charter Twp of West Bloomfield Zoning Bd of Appeals (Mich. Ct. App. 2025). · cites it 2× “” MCL 125.3208(1). Further: A prior nonconforming use is a vested right in the use of particular property that does not conform to zoning restrictions, but is protected because it lawfully existed before the zoning regulation’s effective date.”
West Bloomfield Twp v. United German Am. Rec Soc'y (Mich. Ct. App. 2025). · cites it 2× “MCL 125.3208(1) addresses nonconforming uses, providing in pertinent part: (1) If the use of a dwelling, building, or structure or of the land is lawful at the time of enactment of a zoning ordinance or an amendment to a zoning 1 Dwan v West Bloomfield Charter Twp, unpublished…”
D.T. Real Est. Investments, LLC v. Huron, Charter Twp. of (E.D. Mich. 2025). · cites it 2× “Michigan’s Zoning Enabling Act, Mich. Comp. Laws § 125.3208 (2006), establishes this right to a lawful nonconforming use, and Michigan common law defines its standards.”
Show all 25 citing cases →
— Mich. Comp. Laws § 125.3208(1) — 13 cases
Trail Side LLC v. Vill. of Romeo (Mich. Ct. App. 2017). “3208(1) provides: “If the use of a dwelling, building, or structure or of the land is lawful at the time of enactment of a zoning ordinance or an amendment to a zoning ordinance, then that use may be continued although the use does not conform to the zoning ordinance or…”
Trail Side LLC v. Vill. of Romeo (Mich. Ct. App. 2017). “3208(1) provides: “If the use of a dwelling, building, or structure or of the land is lawful at the time of enactment of a zoning ordinance or an amendment to a zoning ordinance, then that use may be continued although the use does not conform to the zoning ordinance or…”
Southfield Lodge Inc v. City of Southfield Zoning Bd. of Appeals (Mich. Ct. App. 2019). “MCL 125.3208(1) provides: “If the use of a dwelling, building, or structure or of the land is lawful at the time of enactment of a zoning ordinance or an amendment to a zoning ordinance, then that use may be continued although the use does not conform to the zoning ordinance or…”
Kas Dalaly v. Charter Twp of West Bloomfield Zoning Bd of Appeals (Mich. Ct. App. 2025). “” MCL 125.3208(1). Further: A prior nonconforming use is a vested right in the use of particular property that does not conform to zoning restrictions, but is protected because it lawfully existed before the zoning regulation’s effective date.”
Linda S Manley v. Sue Pikulski (Mich. Ct. App. 2016).
— Mich. Comp. Laws § 125.3208(2) — 2 cases
Deer Lake Prop. Owners Assn v. Charter Twp of Indep. (Mich. Ct. App. 2019).
West Bloomfield Twp v. United German Am. Rec Soc'y (Mich. Ct. App. 2025). “MCL 125.3208(1) addresses nonconforming uses, providing in pertinent part: (1) If the use of a dwelling, building, or structure or of the land is lawful at the time of enactment of a zoning ordinance or an amendment to a zoning 1 Dwan v West Bloomfield Charter Twp, unpublished…”
— Mich. Comp. Laws § 125.3208(4) — 2 cases
Trail Side LLC v. Vill. of Romeo (Mich. Ct. App. 2017). “3208(1) provides: “If the use of a dwelling, building, or structure or of the land is lawful at the time of enactment of a zoning ordinance or an amendment to a zoning ordinance, then that use may be continued although the use does not conform to the zoning ordinance or…”
Trail Side LLC v. Vill. of Romeo (Mich. Ct. App. 2017). “3208(1) provides: “If the use of a dwelling, building, or structure or of the land is lawful at the time of enactment of a zoning ordinance or an amendment to a zoning ordinance, then that use may be continued although the use does not conform to the zoning ordinance or…”
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