MMFL Application Document Checklist - Municipal approval notice

Asked December 7, 2017, 9:27 AM EST

Good morning,
I am looking at the State's MMFL Document check list and it says that besides our Ordinance, we need a copy of a "Municipal approval notice".
We are treating these facilities as Special Land Uses and applicants would go to our Planning Commission, once we accept their local application as complete. Then issue our local license, once the applicant can show their license from the State.
What would a "municipal Approval Notice" be? A form signed by the Planning Commission chair for the Special land Use?

Iosco County Michigan

1 Response

The Emergency Rules associated with the Michigan Medical Marihuana Facilities Licensing Act (MMFLA) were released on December 4, 2017 and state in Rule 6:

An applicant shall submit confirmation of compliance with the municipal ordinance as required in section 205 of the act and these rules. For purposes of these rules, confirmation of compliance must be on an attestation form prepared by the department that contains all of the following information:

(i) Written affirmation that the municipality has adopted an ordinance under section 205 of the act, including, if applicable, the disclosure of any limitations on the number of each type of marihuana facility.

(ii) Description of any zoning regulations that apply to the proposed marihuana facility within the municipality.

(iii) The signature of the clerk of the municipality or his or her designee attesting that the information stated in the document is correct.

Sec. 205 of the MMFLA then states:

A municipality shall provide the following information to the board within 90 days after the municipality receives notification from the applicant that he or she has applied for a license under this act:

(a) A copy of the local ordinance that authorizes the marihuana facility.

(b) A copy of any zoning regulations that apply to the proposed marihuana facility within the municipality.

(c) A description of any violation of the local ordinance or zoning regulations included under subdivision (a) or (b) committed by the applicant, but only if those violations relate to activities licensed under this act or the Michigan medical marihuana act.

So, it seems the “municipal approval notice” is the attestation form, although this does not appear to yet be posted on the Department of Licensing and Regulatory Affairs website (www.michigan.gov/mmfl).