Michigan House Bill HB5732

Michigan 2025-2026 Regular Session

• Introduced: 3/18/26
• Refer: 3/18/26

Caption

Health: licensing; references to licenses for certain substance use disorder services programs in the Michigan zoning enabling act; modify to include those exempt from licensure. Amends sec. 206 of 2006 PA 110 (MCL 125.3206). TIE BAR WITH: HB 5729'26

Summary

HB 5732 amends the Michigan zoning enabling act to clarify how certain residential and child care facilities are treated under local zoning laws. The bill continues to treat state-licensed residential facilities, certain adult foster care-related facilities, and qualified residential treatment programs serving 10 or fewer individuals as residential uses that are permitted in all residential zones, without requiring special use or conditional use permits different from those applied to similar dwellings. It also updates a reference in the zoning law so that facilities providing substance use disorder services are covered whether they are licensed or exempt from licensure under the Public Health Code. For family child care homes, the bill preserves their status as permitted residential uses in all residential zones for counties and townships. For group child care homes in counties and townships, the bill sets conditions under which a special use permit or similar permit must be issued, including spacing requirements from other child care homes, adult foster care homes, substance use disorder facilities, and correctional-related housing, along with standards for fencing, neighborhood appearance, hours of operation, signage, and employee parking. Cities and villages may still use special use or conditional use permits for group child care homes, and the bill also preserves protections for facilities operating before March 30, 1989.

Impact

The bill would amend MCL 125.3206 in the Michigan zoning enabling act to expand and clarify the zoning treatment of certain residential care and substance use disorder facilities, including programs that are exempt from licensure. It would also reinforce existing zoning protections for family child care homes and establish detailed permit standards for group child care homes in counties and townships, while preserving local enforcement authority and limiting how restrictive local ordinances may be in those jurisdictions. The bill is tie-barred to HB 5729, meaning it would not take effect unless that related bill is also enacted.

Sentiment

The available context suggests the bill is technical and generally policy-driven rather than highly controversial, with its focus on aligning zoning language with current licensing categories and maintaining access for residential care and child care uses. The tie-bar and the absence of recorded votes or committee transcripts indicate there is not enough public record here to identify a strong partisan or procedural split. Overall, the bill appears to have been framed as a clarification and modernization measure for zoning treatment of care facilities.

Contention

The main points of potential contention are the new or clarified zoning conditions for group child care homes, especially the required 1,500-foot separation from other child care homes, adult foster care homes, substance use disorder facilities, and correctional-related housing, as well as limits on hours of operation and local standards for fencing and parking. Local governments may view these provisions as either necessary safeguards or as constraints on local zoning discretion. Another possible point of discussion is the bill’s inclusion of substance use disorder facilities that are exempt from licensure, which may raise concerns about neighborhood compatibility or, conversely, about avoiding discriminatory zoning barriers to treatment services.