Sec. 10.
(1) If the commission grants a certificate under this act, that certificate shall take precedence over a conflicting local ordinance, law, rule, regulation, policy, or practice that prohibits or regulates the location or construction of a transmission line for which the commission has issued a certificate.
(2) A zoning ordinance or limitation imposed after an electric utility, affiliated transmission company, or independent transmission company files for a certificate shall not limit or impair the transmission line's construction, operation, or maintenance.
(3) In an eminent domain or other related proceeding arising out of or related to a transmission line for which a certificate is issued, a certificate issued under this act 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.
History: 1995, Act 30, Imd. Eff. May 17, 1995 ;-- Am. 2004, Act 198, Imd. Eff. July 12, 2004
Structure Michigan Compiled Laws
Chapter 460 - Public Utilities
Act 30 of 1995 - Electric Transmission Line Certification Act (460.561 - 460.575)
Section 460.561 - Short Title.
Section 460.562 - Definitions.
Section 460.563 - Transmission as Essential Service; Act as Controlling.
Section 460.564 - Construction Plan.
Section 460.565 - Transmission Line; Certificate Required.
Section 460.566 - Public Meeting as Condition for Certificate Application.
Section 460.570 - Local Ordinances or Limitations in Conflict With Certificate; Effect.
Section 460.571 - Limited License.
Section 460.572 - Costs to Be Included in Rates.
Section 460.573 - Information as Public Record; Disclosure of Confidential Information; Waiver.
Section 460.575 - Commission Order; Review; Powers and Duties.