Mich. Comp. Laws § 560.105

Preliminary or final plat; approval; conditions.

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LAND DIVISION ACT

Act 288 of 1967

560.105 Preliminary or final plat; approval; conditions.

Sec. 105.

Approval of a preliminary plat, or final plat shall be conditioned upon compliance with all of the following:

(a) The provisions of this act.

(b) Any ordinance or published rules of a municipality or county adopted to carry out the provisions of this act.

(c) Any published rules of a county drain commissioner, county road commission, or county plat board adopted to carry out the provisions of this act.

(d) The rules of the state transportation department relating to provisions for the safety of entrance upon and departure from the abutting state trunk line highways or connecting streets and relating to the provisions of drainage as required by the department's then currently published standards and specifications.

(e) The rules of the department of consumer and industry services for the approval of plats, including forms, certificates of approval, and other required certificates, captioning of plats, and numbering of lots.

(f) The rules of the department of environmental quality for the determination and establishment of floodplain areas of rivers, streams, creeks, or lakes, as provided in this act, as published in the state administrative code.

(g) The rules of the department of environmental quality relating to suitability of groundwater for on-site water supply for subdivisions not served by public water or to suitability of soils for subdivisions not served by public sewers. The department of environmental quality may authorize a city, county, or district health department to carry out the provisions of this act and rules promulgated under this act relating to suitability of groundwater for subdivisions not served by public water or relating to suitability of soils for subdivisions not served by public sewers. The department of environmental quality may require percolation tests and boring tests to determine suitability of soils. When such tests are required, they shall be conducted under the supervision of a registered engineer, registered land surveyor, or registered sanitarian in accordance with uniform procedures established by the department of environmental quality.

History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 1996, Act 591, Eff. Mar. 31, 1997 ;-- Am. 1997, Act 87, Imd. Eff. July 28, 1997

PopularName Notes:

Plat Act

PopularName Notes:

Subdivision Control

AdminRule Notes:

R 560.101 et seq. and R 560.401 et seq. of the Michigan Administrative Code.

Notes of Decisions

Cited in 11 cases, 1979–2007 · leading case: Cole’s Home & Land Co, LLC v. City of Grand Rapids

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Cole’s Home & Land Co, LLC v. City of Grand Rapids (2006) michctapp · cites it 16× “Defendants assert that these are published rules of the municipality adopted to carry out the provisions of the LDA and, therefore, the city commission’s rejection fell within MCL 560.105, which provides: Approval of a preliminary plat, or final plat shall be conditioned upon…”

Conlin v. SCIO TP. (2004) michctapp · cites it 2× “(b) Any ordinance or published rules of a municipality or county adopted to carry out the provisions of this act.”

Conlin v. Scio Township (2004) michctapp · cites it 2× “Section 105 of the Land Division Act, MCL 560.105, provides in part: Approval of a preliminary plat, or final plat shall be conditioned upon compliance with all of the following: (a) The provisions of this act.”

Boone v. Antrim County Board of Road Commissioners (1989) michctapp · cites it 3× “*692 Necessity for compliance with the road commission rules (inclusion of the road and dedication of the fifty-foot right-of-way) promulgated pursuant to MCL 560.105(c), 1 560.181, 2 and 560.183; 3 MSA 26.”

Arrowhead Development Co. v. Livingston County Road Commission (1982) mich “” MCL 560.105; MSA 26.430(105). Section 106 declares: "No approving authority or agency having the power to approve or reject plats shall condition approval upon compliance with, or base a rejection upon, any requirement other than those included in section 105.”

Carlson v. City of Troy (1979) michctapp “) Section 105 of the Subdivision Control Act of 1967, MCL 560.105; MSA 26.430(105), reads in pertinent part as follows: "Sec.”

Eversdyk v. Wyoming City Council (1988) michctapp · cites it 5× “Section 105 of the sca, MCL 560.105; MSA *69 26.430(105), defines the conditions for approval of a preliminary plat: Approval of preliminary and final plats shall be conditioned upon compliance with: (a) The provisions of this act.”

Oakland Court v. York Township (1983) michctapp “4 MCL 560.105; MSA 26.430(105). 5 MCL 560.182; MSA 26.”

CPW Investments 2 v. City of Troy (1986) michctapp “5 MCL 560.105; MSA 26.430(105); MCL 560.106; MSA 26.”

Tomecek v. Bavas (2007) michctapp “*284 MCL 560.105 conditions the approval of a final or preliminary plat, in part, on compliance with (d) The rules of the state transportation department relating to provisions for the safety of entrance upon and departure from the abutting state trunk line highways or…”

Tomecek v. Bavas (2007) michctapp “MCL 560.105 conditions the approval of a final or preliminary plat, in part, on compliance with (d) The rules of the state transportation department relating to provisions for the safety of entrance upon and departure from the abutting state trunk line highways or connecting…”

— Mich. Comp. Laws § 560.105(b) — 2 cases

Cole’s Home & Land Co, LLC v. City of Grand Rapids (2006) michctapp “Defendants assert that these are published rules of the municipality adopted to carry out the provisions of the LDA and, therefore, the city commission’s rejection fell within MCL 560.105, which provides: Approval of a preliminary plat, or final plat shall be conditioned upon…”

Eversdyk v. Wyoming City Council (1988) michctapp “Section 105 of the sca, MCL 560.105; MSA *69 26.430(105), defines the conditions for approval of a preliminary plat: Approval of preliminary and final plats shall be conditioned upon compliance with: (a) The provisions of this act.”

— Mich. Comp. Laws § 560.105(c) — 1 case

Boone v. Antrim County Board of Road Commissioners (1989) michctapp “*692 Necessity for compliance with the road commission rules (inclusion of the road and dedication of the fifty-foot right-of-way) promulgated pursuant to MCL 560.105(c), 1 560.181, 2 and 560.183; 3 MSA 26.”

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