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

Mich. Comp. Laws § 125.3401 (2026)

Public hearing to be held by legislative body; conditions; notice; approval of zoning ordinance and amendments by legislative body; filing; notice of ordinance adoption; notice mailed to airport manager; information to be included in notice; other statutory requirements superseded.

✓ current as of July 2026
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MICHIGAN ZONING ENABLING ACT


Act 110 of 2006


125.3401 Public hearing to be held by legislative body; conditions; notice; approval of zoning ordinance and amendments by legislative body; filing; notice of ordinance adoption; notice mailed to airport manager; information to be included in notice; other statutory requirements superseded.

Sec. 401.

    (1) After receiving a zoning ordinance under section 308(1) or an amendment under sections 202 and 308(1), the legislative body may hold a public hearing if it considers it necessary or if otherwise required.

    (2) Notice of a public hearing to be held by the legislative body shall be given in the same manner as required under section 103(1) for the initial adoption of a zoning ordinance or section 202 for any zoning text or map amendments.

    (3) The legislative body may refer any proposed amendments to the zoning commission for consideration and comment within a time specified by the legislative body.

    (4) The legislative body shall grant a hearing on a proposed ordinance provision to an interested property owner who requests a hearing by certified mail, addressed to the clerk of the legislative body. A hearing under this subsection is not subject to the requirements of section 103, except that notice of the hearing shall be given to the interested property owner in the manner required in section 103(3) and (4).

    (5) After any proceedings under subsections (1) to (4), the legislative body shall consider and vote upon the adoption of a zoning ordinance, with or without amendments. A zoning ordinance and any amendments shall be approved by a majority vote of the members of the legislative body.

    (6) Except as otherwise provided under section 402, a zoning ordinance shall take effect upon the expiration of 7 days after publication as required by subsection (7) or at such later date after publication as may be specified by the legislative body or charter.

    (7) Following adoption of a zoning ordinance or any subsequent amendments by the legislative body, the zoning ordinance or subsequent amendments shall be filed with the clerk of the legislative body, and a notice of ordinance adoption shall be published in a newspaper of general circulation in the local unit of government within 15 days after adoption.

    (8) A copy of the notice required under subsection (7) shall be mailed to the airport manager of an airport entitled to notice under section 306.

    (9) The notice required under this section shall include all of the following information:

    (a) In the case of a newly adopted zoning ordinance, the following statement: "A zoning ordinance regulating the development and use of land has been adopted by the legislative body of the [county, township, city, or village] of __________.".

    (b) In the case of an amendment to an existing zoning ordinance, either a summary of the regulatory effect of the amendment, including the geographic area affected, or the text of the amendment.

    (c) The effective date of the ordinance or amendment.

    (d) The place where and time when a copy of the ordinance or amendment may be purchased or inspected.

    (10) The filing and publication requirements under this section supersede any other statutory or charter requirements relating to the filing and publication of county, township, city, or village ordinances.

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

Notes of Decisions
Cited in 16 cases (10 in the last 5 years), 2009–2025 · leading case: Saginaw Hous. Comm'n v. Bannum, Inc., 576 F.3d 620 (6th Cir. 2009).
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Saginaw Hous. Comm'n v. Bannum, Inc., 576 F.3d 620 (6th Cir. 2009). “Like the Township Zoning Act, the Zoning Enabling Act provides municipalities with the authority to create and implement zoning ordinances but does not provide any substantive guidance in developing the ordinances.”
Hendee v. Putnam Twp., 786 N.W.2d 521 (Mich. 2010). · cites it 2× “[17] A facial challenge is one in which the complainant alleges that the very existence of a zoning ordinance or decision adversely affects and infringes upon the property values of the rights of all landowners within the governed community.”
Salem Springs, LLC v. Salem Twp., 312 Mich. App. 210 (Mich. Ct. App. 2015). “After approval of the amendments to the zoning map, pursuant to MCL 125.3401(7), the township published notice on four separate occasions — on May 20, May 24, May 31, and June 14 — apprising the public of the intended changes.”
Lisa Montrief v. MacOn Twp. Bd. of Trs. (Mich. Ct. App. 2025). · cites it 4× “367743); slip op at 4, citing MCL 125.3401 and MCL 125.3402. Section 202 of the MZEA, MCL 125.”
Sandstone Creek Solar LLC v. Twp. of Benton (Mich. Ct. App. 2021). · cites it 2× “Section 401 of the MZEA, MCL 125.3401, governs the adoption of zoning ordinances, sometimes referred to as “initial” zoning ordinances, by the legislative body of a municipality.”
Sandstone Creek Solar LLC v. Twp. of Benton (Mich. Ct. App. 2021). · cites it 2× “Section 401 of the MZEA, MCL 125.3401, governs the adoption of zoning ordinances, sometimes referred to as “initial” zoning ordinances, by the legislative body of a municipality.”
Ypsilanti Twp. Citizens for Responsible Gov't v. Sec'y of State of MichigaN (E.D. Mich. 2022). · cites it 2× “BACKGROUND Under the Michigan Zone Enabling Act, Mich. Comp. Laws § 125.3101 et seq. (“ZEA”), before an adopted or amended zoning ordinance may take effect, a local agency of government is required to publish a “notice of ordinance adoption” within 15 days of adoption.”
Eric Kenneth Wickman v. Norway Twp. Clerk (Mich. Ct. App. 2024). · cites it 2× “The MZEA provides the procedures for rezoning land through ordinances like the one at issue in this case, see MCL 125.3401, and challenging ordinances through petitions for ballot referenda, see MCL 125.”
Julie E Visser Trust v. City of Wyoming (Mich. Ct. App. 2014). · cites it 3× “Specifically, MCL 125.3401 governs public hearings related to approval and amendment of zoning ordinances and it provides in relevant part that “[a]fter .”
Detroit Mem'l Park Ass'n v. City of Detroit Bd. of Zoning Appeals, 105 F. Supp. 3d 769 (E.D. Mich. 2015). “LAWS § 125.3401.” Id. atn. 4. . Finally, the Court notes that in their Reply Brief, Defendants alternatively ask this Court to stay the federal claims in this action pending a resolution of the zoning appeal.”
Saugatuck Dunes Coastal All. v. Saugatuck Twp. (Mich. 2022). “MCL 125.3401(4). Moreover, MCL 125.3406(3) grants certain exceptions to an applicant for a zoning permit who “became the owner of the property by foreclosure or by taking a deed in lieu of foreclosure” under certain circumstances.”
Saugatuck Dunes Coastal All. v. Saugatuck Twp. (Mich. 2022). “MCL 125.3401(4). Moreover, MCL 125.3406(3) grants certain exceptions to an applicant for a zoning permit who “became the owner of the property by foreclosure or by taking a deed in lieu of foreclosure” under certain circumstances.”
Show all 16 citing cases →
— Mich. Comp. Laws § 125.3401(1) — 1 case
Julie E Visser Trust v. City of Wyoming (Mich. Ct. App. 2014). “Specifically, MCL 125.3401 governs public hearings related to approval and amendment of zoning ordinances and it provides in relevant part that “[a]fter .”
— Mich. Comp. Laws § 125.3401(3) — 1 case
Julie E Visser Trust v. City of Wyoming (Mich. Ct. App. 2014). “Specifically, MCL 125.3401 governs public hearings related to approval and amendment of zoning ordinances and it provides in relevant part that “[a]fter .”
— Mich. Comp. Laws § 125.3401(4) — 3 cases
Saugatuck Dunes Coastal All. v. Saugatuck Twp. (Mich. 2022). “MCL 125.3401(4). Moreover, MCL 125.3406(3) grants certain exceptions to an applicant for a zoning permit who “became the owner of the property by foreclosure or by taking a deed in lieu of foreclosure” under certain circumstances.”
Saugatuck Dunes Coastal All. v. Saugatuck Twp. (Mich. 2022). “MCL 125.3401(4). Moreover, MCL 125.3406(3) grants certain exceptions to an applicant for a zoning permit who “became the owner of the property by foreclosure or by taking a deed in lieu of foreclosure” under certain circumstances.”
Saugatuck Dunes Coastal All. v. Saugatuck Twp. (Mich. 2022).
— Mich. Comp. Laws § 125.3401(5) — 2 cases
Tollbrook LLC v. City of Troy (Mich. Ct. App. 2025).
David Hoffman v. Porter Twp. (Mich. Ct. App. 2015).
— Mich. Comp. Laws § 125.3401(7) — 2 cases
Salem Springs, LLC v. Salem Twp., 312 Mich. App. 210 (Mich. Ct. App. 2015). “After approval of the amendments to the zoning map, pursuant to MCL 125.3401(7), the township published notice on four separate occasions — on May 20, May 24, May 31, and June 14 — apprising the public of the intended changes.”
Lisa Montrief v. MacOn Twp. Bd. of Trs. (Mich. Ct. App. 2025). “367743); slip op at 4, citing MCL 125.3401 and MCL 125.3402. Section 202 of the MZEA, MCL 125.”
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