The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5514 July 16, 1979 HISTORIC DISTRICT COMMISSIONS: Jurisdiction of a county historic district commission over unincorporated areas of townships ZONING: Jurisdiction of a county historic district commission over unincorporated areas of townships The jurisdiction of a county historic district commission is limited to portions of the county outside the limits of incorporated cities, villages or townships wherein an ordinance has been enacted by the local governmental unit which would conflict with the powers of the historic district commission. If a township enacts an ordinance pursuant to the Township Rural Zoning Act, any county enactment in conflict therewith is ineffective in such township. Robert Guenzel Corporation Counsel Washtenaw County P. O. Box 8645 Ann Arbor, Michigan 48107 You have written requesting my opinion on the following three questions: 1. What is the jurisdiction of a county historic district commission established pursuant to 1970 PA 169, MCLA 399.201 et seq; MSA 5.3707(1) et seq? 2. Can the Washtenaw County Historic District Commission create historic districts in the unincorporated areas of the county, townships, without the township's consent? 3. Does the answer to question 2 depend on whether the township has established its own historic district commission? The legislature, pursuant to 1970 PA 169, supra, Sec. 4; MCLA 399.204; MSA 5.3407(4), has empowered counties, cities, villages and townships to create historic district commissions. This provision states in pertinent part: 'The legislative body of a local unit may create a commission to be called the historic district commission. . . .' The responsibilities of a commission created pursuant to 1970 PA 169, supra, extend to a review of plans for historic districts, the creation of historic districts, the issuance of permits in conjunction with the alteration of historic structures and similar related preservation activities. The jurisdiction of a county, and thereby its historic district commission, is set forth in 1970 PA 169, supra, Sec. 8; MCLA 399.208; MSA 5.3407(8): 'The jurisdiction of a county shall be the same as that provided in Act No. 183 of the Public Acts of 1943, as amended, being sections 125.201 through 125.232 of the Compiled Laws of 1948, or as otherwise provided by contract entered into between the county and a city, village or township. If a county historical commission is in existence, coordination between the county commission and municipality commissions shall be maintained. The overall historical preservation plans of cities, villages and townships shall be submitted to the county commission for review, and county plans submitted to cities, villages and townships, having historic district commissions. Day-to-day activities of local commissions concerning alteration and restoration decisions need not be submitted to the county but only those plans which have other than strictly local significance.' [Emphasis added] The jurisdiction of a county, as provided in 1943 PA 183, supra, Sec. 1; MCLA 125.201; MSA 5.2961(1), is limited in scope: 'The county board of supervisors of any county in the state of Michigan may provide by ordinance for the establishment of zoning districts in the portions of such county outside the limits of incorporated cities and villages . . .' [Emphasis added] This jurisdiction is further limited by the township rural zoning act, 1943 PA 184, Sec. 27; MCLA 125.297; MSA 5.2963(27), which provides: 'In the event that an ordinance enacted pursuant to the provisions of this act becomes effective in any township which is located in a county in which Act No. 183 of the Public Acts of 1943, as amended, being sections 125.201 to 125.232 of the Compiled Laws of 1948, the county rural zoning enabling act, has theretofore become or thereafter becomes operative, such township shall not be subject, unless otherwise provided in this act to the provisions of said Act No. 183 of the Public Acts of 1943, the county rural zoning enabling act, nor to any ordinance, rule or regulation adopted pursuant thereto.' [Emphasis added] 1943 PA 184, supra, Sec. 28 further provides: 'Insofar as the provisions of any ordinance lawfully adopted under the provisions of this act are inconsistent with the provisions of ordinances adopted under any other law, the provisions of ordinances adopted under the provisions of this act, unless otherwise provided in this act, shall be controlling.' [Emphasis added] The jurisdiction of a county historic district commission is therefore limited to portions of a county outside the limits of incorporated cities, villages, or townships wherein an ordinance has been enacted under 1943 PA 184, supra, which would conflict with the powers of the historic district commission. The powers of the historic district commission, as created by a county pursuant to 1970 PA 169, supra, may be further limited or enhanced through contractual agreement between the county and other units. In your second question you inquire as to whether the Washtenaw County Historic District Commission may create historic districts in the unincorporated areas of the county or township, without township consent. As noted, the township rural zoning act, 1943 PA 184, Sec. 27, supra, provides that: 'In the event that an ordinance enacted pursuant to the provisions of this act becomes effective in any township which is located in a county in which . . . the county rural zoning enabling act has therefore become or thereafter becomes operative such township shall not be subject, unless otherwise provided in this act, to the provisions of said . . . county rural zoning enabling act, rule or regulation adopted pursuant thereto.' [Emphasis added] It is my opinion therefore, that if a township enacts and ordinance pursuant to the township rural zoning act, any county enactment in conflict therewith is ineffective in such township. Therefore, the Washtenaw County Historic District Commission may create historic districts in the unincorporated areas of the county or township, without the township's consent, so long as the township has not enacted a conflicting ordinance. In your third question you ask whether the answer to question 2 depends on the establishment by a township of its own historic district commission. I must conclude, based on the above reasoning, that if a township enacts an ordinance creating a historic district commission, the township would not be subject to any similar acts, rule or regulation adopted by a county historic district commission. Frank J. Kelley Attorney General