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
|State Land Right-of-Way:||Public utilities may need a State Land Easement for the purpose of “…constructing, erecting, laying, maintaining, and operating…electric lines…” on state lands. MCL § 324.2129.|
|State Land Right-of-Way Agency:||Michigan Department of Natural Resources|
|State Highway Right-of-Way:||Utilities may need a Right-of-Way Construction Permit before entering or constructing in a state highway right-of-way. MCL § 247.183.|
|State Highway Right-of-Way Agency:||Michigan Department of Transportation Development Services Division|
|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).|