Michigan Bulk Transmission Land Access(3-MI)
In Michigan, a transmission developer may need a State Land Right-of-Way from the Michigan Department of Natural Resources to access state lands. A developer may also need a Right-of-Way Construction Permit from the Michigan Department of Transportation for projects that encroach on a state highway right-of-way.
Determine Which State and Federal Permits Apply
Use this overview flowchart and following steps to learn which federal and state permits apply to your projects.
Permitting at a Glance
|Right of Way Agency:||Michigan Department of Natural Resources|
|State Land Right of Way Process:||The Michigan Department of Natural Resources Finance and Operations Division – Real Estate Services Section’s (DNR) Land Manager administers the issuance of easements for the use of state lands under the DNR’s jurisdiction. Michigan – Act 451 of 1994, Part 21 – General Real Estate Powers.|
|State Highway Right of Way Agency:||Michigan Department of Transportation Development Services Division|
|State Highway Right of Way Process:||A developer may need a Right-of-Way Construction Permit in order to construct a utility facility or undertake operations, other than normal vehicular or pedestrian travel, on a state highway right-of-way. As defined in 23 CFR 645.105(m), a “utility” is a privately, publicly, or cooperatively owned line, facility or system for producing, transmitting, or distributing electricity, etc.|
|Eminent Domain:||Independent transmission companies, electric utilities and affiliated transmission companies may use the eminent domain procedures, where necessary and appropriate, to site new transmission facilities. In an eminent domain proceeding arising out of or related to a transmission line for which a Certificate of Public Convenience and Necessity (CPCN) is issued, the CPCN issued is conclusive and binding as to the public convenience and necessity for that transmission line and its compatibility with the public health and safety or any zoning or land use requirements in effect when the application was filed. MCL § 460.570(3).|
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