Historically, the image of closed or abandoned landfills was a nightmare for many communities, neighborhoods and economic development specialists. However, there is now a growing trend and recognition that, with proper engineering design, many old landfill properties can be redeveloped successfully into commercial, industrial and residential uses. No longer is it the immediate and appropriate conclusion that a site can not be developed merely because it was the site of former landfilling activities. The adoption of Brownfield legislation, liability reform and new Brownfield financial incentives have created opportunities for developers to reuse such sites in productive ways.
Home Depot, for example, built a store at 12 ½ Mile and Southfield Road in Southfield, Michigan, on a former municipal landfill that had been closed for almost thirty (30) years. After incorporating special design features to accommodate potential differential settling over the old fill, Home Depot was able to successfully construct, and is now operating, a 110 thousand square foot retail facility on what was a former municipal landfill. The landfill materials were generally left in place, and the store and the parking lot became a cap over the old landfill. This development was only possible because the State of Michigan was willing to enter into a covenant not to sue, protecting Home Depot from liability for conditions on the site for which it was not responsible.
While many former landfill sites continue to represent significant engineering challenges, overall liability reform and the economic incentives packages that are available make these sites potentially developable. For example, golf driving ranges, golf courses and other commercial and industrial developments have been successfully implemented on such properties. Mulligan indoor driving range in Auburn Hills is located on a former waste management landfill.
From residential condominiums in northern Michigan to townhouse complexes in southeast Michigan to potential industrial park developments in Auburn Hills, the prospect for reusing old landfills in the State of Michigan is increasingly practical.
In a more recent example, a development group has acquired the former Wayne Fons landfill site in Auburn Hills, Michigan, and has announced plans to develop a new light industrial park at that location. With continued focus on prudent reuse of sites like this, future landfill sites may be less problematic for community leaders, economic development specialists and local neighborhoods.
The content of this article does not constitute legal advice and should not be relied on in that way. Specific advice should be sought about your specific circumstances.
