--- kind: "section" citation: "16 U.S.C. § 460x–8" title: "16" title_heading: "Conservation" number: "460x–8" heading: "Zoning bylaws" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/16/460x-8" units: - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores" - "Subchapter LXXXII — Sleeping Bear Dunes National Lakeshore" --- # §460x–8. Zoning bylaws - (a) **Authority of Secretary to assist any township or county in or adjacent to lakeshore; payments for technical aid—** The [Secretary](/usc/16/410r–5.md?p=c-1) shall, at the request of any township or county in or adjacent to the lakeshore affected by this subchapter, assist and consult with the appropriate officers and employees of such township or county in establishing zoning bylaws for the purpose of this subchapter. Such assistance may include payments to the county or township for technical aid. - (b) **Suspension of condemnation power over improved property—** No [improved property](/usc/16/251h.md?p=2) within the [area](/usc/16/539m–1.md?p=1-A) designated for inclusion in the lakeshore shall be acquired by the [Secretary](/usc/16/410r–5.md?p=c-1) by condemnation so long as the affected county or township has in force and applicable thereto a duly adopted, valid zoning bylaw approved by the [Secretary](/usc/16/410r–5.md?p=c-1) in accordance with the provisions of [subsection (d)](#d) of this section and the use of [improved property](/usc/16/251h.md?p=2) is in compliance therewith. In the event that the affected county or township does not have in effect and applicable to any [improved property](/usc/16/251h.md?p=2) a duly adopted, valid zoning bylaw so approved, the [Secretary](/usc/16/410r–5.md?p=c-1) shall be prohibited from acquiring such property by condemnation, if the [owner](/usc/16/429b–3.md?p=4) thereof notifies the [Secretary](/usc/16/410r–5.md?p=c-1) in writing of such [owner](/usc/16/429b–3.md?p=4)’s agreement to use his property in a manner consistent with the applicable standard set forth in [subsection (d)](#d) of this section, and such prohibition against condemnation shall remain in effect for so long as such property is so used. - (c) **Notification of owner by Secretary of use of property inconsistent with applicable bylaws or standards; requirements of notice; discontinuance of use by owner; condemnation upon failure to discontinue use—** If the [Secretary](/usc/16/410r–5.md?p=c-1) determines that any such property referred to in [subsection (b)](#b) of this section covered by any such bylaw is being used in a way which is not in substantial compliance with such bylaw, or that any such property referred to in [subsection (b)](#b) with respect to which an agreement has been made is being used in a manner which is not substantially consistent with such applicable standards, he shall so notify the [owner](/usc/16/429b–3.md?p=4) of any such property in writing. Such notice shall contain a detailed statement as to why the [Secretary](/usc/16/410r–5.md?p=c-1) believes that such use is not in substantial compliance with such zoning bylaw or why such use is not substantially consistent with such applicable standards, as the case may be. Any such [owner](/usc/16/429b–3.md?p=4) shall have sixty days following the receipt by him of that written notification within which to discontinue the use referred to in such notification. Discontinuance of such use within such sixty-day period shall have the effect of prohibiting the [Secretary](/usc/16/410r–5.md?p=c-1) from acquiring such property by condemnation by reason of such use. In any case in which such use is not discontinued within such sixty-day period, the [Secretary](/usc/16/410r–5.md?p=c-1) may, in his discretion, [acquire](/usc/16/620e.md?p=1) such property by condemnation. - (d) **Conditions for approval by Secretary—** Any zoning bylaw or amendment thereto submitted to the [Secretary](/usc/16/410r–5.md?p=c-1) for approval for the purposes of this subchapter shall be approved by him if such bylaw or amendment contains provisions which— - (1) contribute to the effect of prohibiting the commercial and industrial use (other than a use for a commercial purpose as authorized under [section 460x–12 of this title](/usc/16/460x–12.md)) of all property within the boundaries of such [area](/usc/16/539m–1.md?p=1-A) which is situated within the county or township adopting such bylaw or amendment; - (2) are consistent with the objectives and purposes of this subchapter so that, to the extent possible under Michigan law, the scenic and scientific values of the lakeshore [area](/usc/16/539m–1.md?p=1-A) will be protected; - (3) are designed to [preserve](/usc/16/698u–1.md?p=2) the lakeshore character of the [area](/usc/16/539m–1.md?p=1-A) by appropriate restrictions upon the burning of cover, cutting of timber (except tracts managed for sustained yield), removal of sand or gravel, and dumping, storage, or piling of refuse and other unsightly objects or other uses which would detract from the natural or traditional lakeshore scene; - (4) provide that no construction, reconstruction, moving, alteration, or enlargement of any property, including [improved property](/usc/16/251h.md?p=2) as defined in this subchapter, within the lakeshore [area](/usc/16/539m–1.md?p=1-A) shall be permitted, if such construction, reconstruction, moving, alteration, or enlargement would afford less than a fifty-foot setback from all streets measured at a right angle with the street line, and a twenty-five-foot distance from all contiguous properties. Any [owner](/usc/16/429b–3.md?p=4) or zoning authority may request the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior to determine whether a proposed move, alteration, construction, reconstruction, or enlargement of any such property would subject such property to [acquisition](/usc/16/620e.md?p=1) by condemnation, and the [Secretary](/usc/16/410r–5.md?p=c-1), within sixty days of the receipt of such request, shall advise the [owner](/usc/16/429b–3.md?p=4) or zoning authority in writing whether the intended use will subject the property to [acquisition](/usc/16/620e.md?p=1) by condemnation; and - (5) have the effect of providing that the [Secretary](/usc/16/410r–5.md?p=c-1) shall receive notice of any variance granted under, and of any exception made to the application of, such bylaw or amendment. - (e) **Withdrawal or revocation of approval by Secretary; retroactive effect—** The approval of any bylaw or amendment pursuant to [subsection (d)](#d) shall not be withdrawn or revoked by the [Secretary](/usc/16/410r–5.md?p=c-1) for so long as such bylaw or amendment remains in effect as approved. Any such bylaw or amendment so approved shall not be retroactive in its application. ## Source credit (Pub. L. 91–479, § 9, Oct. 21, 1970, 84 Stat. 1078.)