NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994
***** 324.72103 THIS SECTION IS AMENDED EFFECTIVE SEPTEMBER 25, 2014: See 324.72103.amended *****
324.72103 Designation as trailway; public hearing; establishing and changing permitted uses; revocation of designation.
(1) Upon petition by any person or on its own motion, the commission may designate a trailway in this state as a “Michigan trailway”. The petition or motion shall propose permitted uses of the trailway. The commission shall not designate a trailway as a Michigan trailway unless it meets, or will meet when completed, all of the following requirements:
(a) The land on which the trailway is located is owned by the state or a governmental agency, or otherwise is under the long-term control of the state or a governmental agency through a lease, easement, or other arrangement. If the land is owned by a governmental agency, the commission shall obtain the consent of the governmental agency before designating the land as part of a Michigan trailway.
(b) The design and maintenance of the trailway and its related facilities meet generally accepted standards of public safety.
(c) The trailway meets appropriate standards for its designated recreation uses.
(d) The trailway is available for designated recreation uses on a nondiscriminatory basis.
(e) The trailway is a multiuse trail suitable for use by pedestrians, by people with disabilities, and by other users, as appropriate.
(f) The trailway is, or has potential to be, a segment of a statewide network of trailways, or it attracts a substantial share of its users from beyond the local area.
(g) The trailway is marked with an official Michigan trailway sign and logo at major access points.
(h) The trailway is not directly attached to a roadway, except at roadway crossings.
(i) Where feasible, the trailway offers adequate support facilities for the public, including parking, sanitary facilities, and emergency telephones, that are accessible to people with disabilities and are at reasonable frequency along the trailway.
(j) Potential negative impacts of trailway development on owners or residents of adjacent property are minimized through all of the following:
(i) Adequate enforcement of trailway rules and regulations.
(ii) Continuation of access for trailway crossings for agricultural and other purposes.
(iii) Construction and maintenance of fencing, where necessary, by the owner or operator of the trailway.
(iv) Other means as considered appropriate by the commission.
(k) Other conditions required by the commission.
(2) The commission shall not designate a trailway a Michigan trailway under subsection (1) unless a public hearing has been held in the vicinity of the proposed Michigan trailway to take testimony and gather public opinion on the proposed designation including, but not limited to, the proposed uses of the trailway and whether or not motorized uses are appropriate for the trailway. The public hearing shall be held at a location and at a time calculated to attract a fair representation of opinions on the designation. A transcript or a summary of the testimony at the public hearing shall be forwarded to the commission.
(3) At the time a Michigan trailway is designated under subsection (1), the commission shall, in consultation with the governmental agencies in which the trailway is located, establish uses to be permitted on the trailway. In establishing permitted uses, the commission shall consider all of the following:
(a) The safety and enjoyment of trailway users.
(b) Impacts on residents, landowners, and businesses adjacent to the trailway.
(c) Applicable local ordinances.
(4) A change in the permitted uses of a Michigan trailway established under subsection (3) relating to whether or not a motorized use is allowed on the trailway shall not be made without approval of the commission after a public hearing held in the same manner as provided in subsection (2).
(5) The commission may revoke a Michigan trailway designation if it determines that a trailway fails to meet the requirements of this section. Before revoking a Michigan trailway designation, the commission shall provide notice to all entities involved in the management of the trailway. If the trailway is brought into compliance with this section within 90 days after providing this notice, the commission shall not revoke the designation.
History: Add. 1995, Act 58, Imd. Eff. May 24, 1995
Popular Name: Act 451
Popular Name: NREPA
© 2009 Legislative Council, State of Michigan