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

Mich. Comp. Laws § 125.3402 (2026)

Notice of intent to file petition.

✓ current as of July 2026
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MICHIGAN ZONING ENABLING ACT


Act 110 of 2006


125.3402 Notice of intent to file petition.

Sec. 402.

    (1) Within 7 days after publication of a zoning ordinance under section 401, a registered elector residing in the zoning jurisdiction of a county or township may file with the clerk of the legislative body a notice of intent to file a petition under this section.

    (2) If a notice of intent is filed under subsection (1), the petitioner shall have 30 days following the publication of the zoning ordinance to file a petition signed by a number of registered electors residing in the zoning jurisdiction not less than 15% of the total vote cast within the zoning jurisdiction for all candidates for governor at the last preceding general election at which a governor was elected, with the clerk of the legislative body requesting the submission of a zoning ordinance or part of a zoning ordinance to the electors residing in the zoning jurisdiction for their approval.

    (3) Upon the filing of a notice of intent under subsection (1), the zoning ordinance or part of the zoning ordinance adopted by the legislative body shall not take effect until 1 of the following occurs:

    (a) The expiration of 30 days after publication of the ordinance, if a petition is not filed within that time.

    (b) If a petition is filed within 30 days after publication of the ordinance, the clerk of the legislative body determines that the petition is inadequate.

    (c) If a petition is filed within 30 days after publication of the ordinance, the clerk of the legislative body determines that the petition is adequate and the ordinance or part of the ordinance is approved by a majority of the registered electors residing in the zoning jurisdiction voting on the petition at the next regular election or at any special election called for that purpose. The legislative body shall provide the manner of submitting the zoning ordinance or part of the zoning ordinance to the electors for their approval or rejection and determining the result of the election.

    (4) A petition and an election under this section are subject to the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992.

History: 2006, Act 110, Eff. July 1, 2006

Notes of Decisions
Cited in 10 cases (8 in the last 5 years), 2014–2026 · leading case: Salem Springs, LLC v. Salem Township
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Salem Springs, LLC v. Salem Twp., 312 Mich. App. 210 (Mich. Ct. App. 2015). · cites it 2× “, who lives in a residential area north of the subject property, filed a notice of intent under MCL 125.3402(1) to petition to have the amendments submitted to the electorate for approval.”
Grand/Sakwa of Northfield, LLC v. Northfield Twp., 304 Mich. App. 137 (Mich. Ct. App. 2014). · cites it 2× “MCL 125.3402(2) provides that a petition to overrule the zoning ordinance may be submitted within 30 days of its publication.”
Ypsilanti Twp. Citizens for Responsible Gov't v. Sec'y of State of MichigaN (E.D. Mich. 2022). · cites it 36× “Mich. Comp. Laws § 125.3402 . Within 7 days after the publication of the zoning ordinance, a “registered elector residing in the zoning jurisdiction of a county or township may file with the clerk of the legislative body a notice of intent to file a petition.”
Gwcc Holdings LLC v. Alpine Twp. (Mich. Ct. App. 2024). · cites it 10× “544c(1), as required by MCL 125.3402. The trial court disagreed, finding the petition in compliance with applicable Michigan election law.”
Eric Kenneth Wickman v. Norway Twp. Clerk (Mich. Ct. App. 2024). · cites it 6× “3401, and challenging ordinances through petitions for ballot referenda, see MCL 125.3402 (providing the process for submitting zoning ordinances to electors).”
Sandstone Creek Solar LLC v. Twp. of Benton (Mich. Ct. App. 2021). · cites it 4× “On December 2, 2019, Walters submitted to the Benton Township clerk a notice of intent to file a referendum petition pursuant to MCL 125.3402, challenging the interim zoning ordinance.”
Sandstone Creek Solar LLC v. Twp. of Benton (Mich. Ct. App. 2021). · cites it 4× “On December 2, 2019, Walters submitted to the Benton Township clerk a notice of intent to file a referendum petition pursuant to MCL 125.3402, challenging the interim zoning ordinance.”
Lisa Montrief v. MacOn Twp. Bd. of Trs. (Mich. Ct. App. 2023). “See MCL 125.3402. On this record, we conclude that because the 2018 amendment to the Solar Ordinance was allegedly passed in violation of the zoning ordinance (which incorporates the requirements of state law) and because plaintiffs were adversely affected by that violation,…”
Lisa Montrief v. MacOn Twp. Bd. of Trs. (Mich. Ct. App. 2025). “3401 and MCL 125.3402. Section 202 of the MZEA, MCL 125.”
Angela Baslock v. Darcy Lipskey (Mich. Ct. App. 2026). “MCL 125.3402(1). MCL 168.544c(2) provides the requirements for a circulator’s petition to be valid: The petition must be in a form providing a space for the circulator and each elector who signs the petition to print his or her name.”
— Mich. Comp. Laws § 125.3402(1) — 5 cases
Salem Springs, LLC v. Salem Twp., 312 Mich. App. 210 (Mich. Ct. App. 2015). “, who lives in a residential area north of the subject property, filed a notice of intent under MCL 125.3402(1) to petition to have the amendments submitted to the electorate for approval.”
Sandstone Creek Solar LLC v. Twp. of Benton (Mich. Ct. App. 2021). “On December 2, 2019, Walters submitted to the Benton Township clerk a notice of intent to file a referendum petition pursuant to MCL 125.3402, challenging the interim zoning ordinance.”
Sandstone Creek Solar LLC v. Twp. of Benton (Mich. Ct. App. 2021). “On December 2, 2019, Walters submitted to the Benton Township clerk a notice of intent to file a referendum petition pursuant to MCL 125.3402, challenging the interim zoning ordinance.”
Gwcc Holdings LLC v. Alpine Twp. (Mich. Ct. App. 2024). “544c(1), as required by MCL 125.3402. The trial court disagreed, finding the petition in compliance with applicable Michigan election law.”
Angela Baslock v. Darcy Lipskey (Mich. Ct. App. 2026). “MCL 125.3402(1). MCL 168.544c(2) provides the requirements for a circulator’s petition to be valid: The petition must be in a form providing a space for the circulator and each elector who signs the petition to print his or her name.”
— Mich. Comp. Laws § 125.3402(2) — 3 cases
Salem Springs, LLC v. Salem Twp., 312 Mich. App. 210 (Mich. Ct. App. 2015). “, who lives in a residential area north of the subject property, filed a notice of intent under MCL 125.3402(1) to petition to have the amendments submitted to the electorate for approval.”
Grand/Sakwa of Northfield, LLC v. Northfield Twp., 304 Mich. App. 137 (Mich. Ct. App. 2014). “MCL 125.3402(2) provides that a petition to overrule the zoning ordinance may be submitted within 30 days of its publication.”
Eric Kenneth Wickman v. Norway Twp. Clerk (Mich. Ct. App. 2024). “3401, and challenging ordinances through petitions for ballot referenda, see MCL 125.3402 (providing the process for submitting zoning ordinances to electors).”
— Mich. Comp. Laws § 125.3402(3) — 2 cases
Gwcc Holdings LLC v. Alpine Twp. (Mich. Ct. App. 2024). “544c(1), as required by MCL 125.3402. The trial court disagreed, finding the petition in compliance with applicable Michigan election law.”
Eric Kenneth Wickman v. Norway Twp. Clerk (Mich. Ct. App. 2024). “3401, and challenging ordinances through petitions for ballot referenda, see MCL 125.3402 (providing the process for submitting zoning ordinances to electors).”
— Mich. Comp. Laws § 125.3402(3)(b) — 1 case
Gwcc Holdings LLC v. Alpine Twp. (Mich. Ct. App. 2024). “544c(1), as required by MCL 125.3402. The trial court disagreed, finding the petition in compliance with applicable Michigan election law.”
— Mich. Comp. Laws § 125.3402(3)(c) — 2 cases
Grand/Sakwa of Northfield, LLC v. Northfield Twp., 304 Mich. App. 137 (Mich. Ct. App. 2014). “MCL 125.3402(2) provides that a petition to overrule the zoning ordinance may be submitted within 30 days of its publication.”
Gwcc Holdings LLC v. Alpine Twp. (Mich. Ct. App. 2024). “544c(1), as required by MCL 125.3402. The trial court disagreed, finding the petition in compliance with applicable Michigan election law.”
— Mich. Comp. Laws § 125.3402(4) — 2 cases
Eric Kenneth Wickman v. Norway Twp. Clerk (Mich. Ct. App. 2024). “3401, and challenging ordinances through petitions for ballot referenda, see MCL 125.3402 (providing the process for submitting zoning ordinances to electors).”
Gwcc Holdings LLC v. Alpine Twp. (Mich. Ct. App. 2024). “544c(1), as required by MCL 125.3402. The trial court disagreed, finding the petition in compliance with applicable Michigan election law.”
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