Michigan Compiled Laws

Mich. Comp. Laws § 28.282 (2026)

Michigan public safety communications system; construction; implementation; operation; maintenance; location; special use permit.

✓ current as of July 2026

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RADIO BROADCASTING STATIONS

Act 152 of 1929

28.282 Michigan public safety communications system; construction; implementation; operation; maintenance; location; special use permit.

Sec. 2.

(1) The director of the department of technology, management, and budget is responsible for the construction, implementation, operation, and maintenance of the Michigan public safety communications system.

(2) In siting the buildings and equipment necessary to implement the Michigan public safety communications system, the director of the department of technology, management, and budget shall locate the system, and a local unit of government with zoning authority shall be notified of a site selected in their jurisdiction and the requirements necessary for a site. If the selected site does not comply with zoning, the local unit has 30 days from the date of notification to grant a special use permit or propose an equivalent site. If the local unit does not grant a special use permit within the 30 day period, or a proposed alternate site does not meet the siting requirements, the department of technology, management, and budget may proceed with construction.

History: 1929, Act 152, Eff. Aug. 28, 1929 ;-- CL 1929, 575 ;-- Am. 1945, Act 62, Eff. Sept. 6, 1945 ;-- CL 1948, 28.282 ;-- Am. 1996, Act 538, Imd. Eff. Jan. 13, 1997 ;-- Am. 2014, Act 564, Imd. Eff. Jan. 15, 2015

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 1950–2024 · leading case: Byrne v. State, 624 N.W.2d 906 (Mich. 2001).

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Byrne v. State, 624 N.W.2d 906 (Mich. 2001). · cites it 5× “If the selected site does not comply with zoning, the local unit shall have 30 days from the date of notification to grant a special use permit or propose an equivalent site. If the local unit does not grant a special use permit within the 30 day period, or a proposed alternate…”

Northville Charter Twp. v. Northville Pub. Schs., 666 N.W.2d 213 (Mich. 2003). · cites it 4× “§ 28.282(2), specifically required that the local zoning authority be notified of the site selected and set out a procedure to be followed in the event that the selected site failed to comply with local zoning, with the result that if any dispute could not be resolved, the…”

Kent Cnty. Aeronautics Bd. v. Dep't of State Police, 609 N.W.2d 593 (Mich. Ct. App. 2000). · cites it 3× “492, as amended by 1996 PA 538 , states in pertinent part: (1) The director of the department of state police and the director of the department of management and budget are responsible for the construction, implementation, operation and maintenance of the Michigan public safety…”

Pittsfield Charter Twp. v. Washtenaw Cnty., 633 N.W.2d 10 (Mich. Ct. App. 2001). · cites it 2× “In Byrne, for example, the Supreme Court opined that, with regard to the selection of sites for State Police radio towers, the Legislature specifically provided that the State Police shall choose a site and, if the site does not comply with local zoning ordinances, the local…”

People v. Lipski, 43 N.W.2d 325 (Mich. 1950). · cites it 2× “87 (Stat Ann § 28.282) reads as follows: "Any person who shall assault another, with intent to commit any burglary, or any other felony, the punishment of which assault is not otherwise in this act prescribed, shall be guilty of a felony, punishable *197 by imprisonment in the…”

Crystal Lake Prop. Rights Ass'n v. Benzie Cnty., 760 N.W.2d 802 (Mich. Ct. App. 2008). · cites it 4× “Similar to the amended act at issue in this case, under MCL 28.282 (the statute at issue in Byrne ) a local unit of government is entitled to notice of the site selection.”

People v. Walker, 184 N.W.2d 742 (Mich. Ct. App. 1970). “87 [Stat Ann 1962 Rev § 28.282]), was sentenced to serve a term *652 of 9-1/2 to 10 years and now appeals that conviction.”

People v. Stevens, 137 N.W.2d 735 (Mich. Ct. App. 1965). “87 (Stat Ann 1962 Rev § 28.282). REPORTER.”

Michigan Farm Bureau v. Dept of Env't Great Lakes & Energy (Mich. 2024). · cites it 2× “, to provide the Department of State Police the power to construct the Michigan Public Safety Communications System, which would entail the construction of 181 new radio towers across Michigan. Kent Co Aeronautics Bd, 239 Mich App at 566-567, 574 .”

— Mich. Comp. Laws § 28.282(2) — 5 cases

Byrne v. State, 624 N.W.2d 906 (Mich. 2001). “If the selected site does not comply with zoning, the local unit shall have 30 days from the date of notification to grant a special use permit or propose an equivalent site. If the local unit does not grant a special use permit within the 30 day period, or a proposed alternate…”

Northville Charter Twp. v. Northville Pub. Schs., 666 N.W.2d 213 (Mich. 2003). “§ 28.282(2), specifically required that the local zoning authority be notified of the site selected and set out a procedure to be followed in the event that the selected site failed to comply with local zoning, with the result that if any dispute could not be resolved, the…”

Kent Cnty. Aeronautics Bd. v. Dep't of State Police, 609 N.W.2d 593 (Mich. Ct. App. 2000). “492, as amended by 1996 PA 538 , states in pertinent part: (1) The director of the department of state police and the director of the department of management and budget are responsible for the construction, implementation, operation and maintenance of the Michigan public safety…”

Pittsfield Charter Twp. v. Washtenaw Cnty., 633 N.W.2d 10 (Mich. Ct. App. 2001). “In Byrne, for example, the Supreme Court opined that, with regard to the selection of sites for State Police radio towers, the Legislature specifically provided that the State Police shall choose a site and, if the site does not comply with local zoning ordinances, the local…”

Michigan Farm Bureau v. Dept of Env't Great Lakes & Energy (Mich. 2024). “, to provide the Department of State Police the power to construct the Michigan Public Safety Communications System, which would entail the construction of 181 new radio towers across Michigan. Kent Co Aeronautics Bd, 239 Mich App at 566-567, 574 .”

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