Section 125.1904a. Preliminary plan; disapproval.

Rule 904a. (1) A municipality, county road commission, county drain commissioner, or local health department shall not disapprove a preliminary plan, as defined in the act, based on a local standard that is higher  than the standards contained in these rules, unless the higher standards are approved by the commission under the provisions of the act and R 125.1120.

(2) If a preliminary plan is disapproved by the agencies listed in subrule

(1)   of this rule based on a local standard which is higher than the standards contained in these rules and which has not been approved by the commission, then the developer may petition the commission for review of the disapproval under R 125.1130. If the commission finds that the local standards are in conflict with the standards contained in these rules, then the developer may substitute the commission's finding for the disapproval  of  the  agencies listed in subrule (1) of this rule under the act.

History: 1980 AACS; 1991 AACS; 1998 AACS; 2003 AACS; 2008 MR 11, Eff. Sept.2, 2008.