HB-5275, As Passed House, March 16, 2016
January 28, 2016, Introduced by Reps. Cole, Glenn, Chatfield, Aaron Miller, Kelly, Canfield, Smiley, Pettalia, Hughes and McBroom and referred to the Committee on Tourism and Outdoor Recreation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 72101, 72115, and 81133 (MCL 324.72101,
324.72115, and 324.81133), section 72101 as amended by 2014 PA 211,
section 72115 as amended by 2014 PA 213, and section 81133 as
amended by 2014 PA 147, and by adding section 72117; and to repeal
acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 72101. As used in this part:
(a) "Advisory council" means the Michigan trails advisory
council created in section 72110.
(b) "Council" means a trail management council established
pursuant to section 72106.
(c) "Department" means the department of natural resources.
(d) "Director" means the director of the department or his or
her designee.
(e) "Equine access locations" means open access roads,
management roads, forestry access roads, 2-track and single-track
trails that are not wildlife paths, staging areas for pack and
saddle animals to be dropped off or picked up, and associated
wilderness campsites.
(f) "Forest road" means that term as defined in section 81101.
(g) (f)
"Fund" means the Pure
Michigan Trails fund created in
section 72109.
(h) (g)
"Governmental agency"
means the federal government, a
county, city, village, or township, or a combination of any of
these entities.
(i) (h)
"Pack and saddle trails"
means trails and equine
access locations that may be used by pack and saddle animals.
(j) (i)
"Pure Michigan Trail"
means a trail designated as a
"Pure Michigan Trail" under section 72103.
(k) (j)
"Pure Michigan Water
Trail" means a water trail
designated as a "Pure Michigan Water Trail" under section 72103.
(l) (k)
"Pure Michigan Trail
Town" means a "Pure Michigan
Trail Town" designated under section 72104.
(m) (l) "Rail-trail"
means a former railroad bed that is in
public ownership and used as a trail.
(n) (m)
"Statewide trail network"
means the statewide trail
network established in section 72114.
(o) (n)
"Trail" means a
right-of-way adapted to foot,
horseback, motorized, or other nonmotorized travel. Trail also
includes a water trail.
(p) (o)
"Water trail" means a
designated route on a body of
water.
Sec. 72115. (1) Subject to subsections (2) and (3), pack and
saddle animals shall be allowed to access pack and saddle trails on
public land managed by the department as follows:
(a) Access on land of the state forest system is allowed
unless restricted by statute, deed restriction, land use order, or
other legal mechanism, in effect on April 2, 2010.
(b) Access on land of the state park system or state game area
system is prohibited unless authorized by land use order or other
legal mechanism in effect on April 2, 2010.
(c) Access on other land managed by the department is allowed
according to the specific authorization or restriction applicable
to the land.
(2) Access by pack and saddle animals may only be restricted
on lands described in subsection (1) after April 2, 2010 if
conditions are not suitable for pack and saddle animals because of
public safety concerns, necessary maintenance, or for reasons
related to the mission of the department. Restrictions related to
the mission of the department shall be supported, to the greatest
extent practicable, by a written science-based rationale that is
supported with documentation that is made available to the public.
Prior to determining that access by pack and saddle animals be
restricted, the department shall make every effort to resolve any
public safety or maintenance concerns. Subject to subsection (3),
the department shall not restrict pack and saddle animals from
lands described in subsection (1) unless all of the following
conditions are met:
(a) The department holds a public meeting on a proposal to
restrict access by pack and saddle animals on pack and saddle
trails to receive testimony from the general public. The department
shall invite the advisory council and the equine trails
subcommittee created in section 72110a to attend the meeting.
(b) The department, after considering testimony at the meeting
under subdivision (a), provides a specific rationale for its
determination to restrict access by pack and saddle animals.
(c) Any decision by the department to restrict access by pack
and saddle animals shall not take effect for a period of time set
by the department, but not less than 60 days. However, if the
director determines that a restriction must be imposed because of
user conflicts or due to an imminent threat to public health,
safety, welfare, or to natural resources or the environment, the
director may issue a temporary order restricting access by pack and
saddle animals for 30 days or until the threat or user conflict is
abated. A temporary order under this subdivision may be reissued if
the threat or user conflict persists.
(d) A written statement shall be posted at the trailhead in
which the restriction is imposed stating the cause and estimated
duration of the closure.
(e) A list of pack and saddle trails on which the department
has restricted access for pack and saddle animals, including
temporary orders, shall be posted on the department's website and
notification shall be provided to the equine trails subcommittee
created in section 72110a.
(3) Any restrictions described in subsection (1) on access by
pack and saddle animals that were in effect on April 2, 2010 shall
remain in effect until those restrictions are reviewed using the
process
outlined in under subsection (2).
(4)
A person An individual shall not use pack and saddle
animals on state-owned land except on pack and saddle trails that
are open for access by pack and saddle animals. However, an
individual may use a pack and saddle animal in an area in which
public hunting is permitted to retrieve legally harvested large
game, using the most direct route that does not enter a stream,
river, or wetland except over a bridge, culvert, or similar
structure.
Sec. 72117. (1) By December 31, 2018, the department shall
complete a comprehensive inventory of forest roads that are state
roads. The inventory shall meet both of the following requirements:
(a) Identify the location, condition, and development level of
the forest roads.
(b) Determine types of motorized and nonmotorized use
currently restricted on each forest road segment and the seasons
during which those uses are currently restricted.
(2) Forest roads shall be open to motorized use by the public
unless designated otherwise by the department pursuant to section
504(7). After completion of the inventory under subsection (1), if
a timber harvest is planned for a particular area, the department
shall evaluate whether the timber harvest activity offers the
opportunity to connect existing forest roads and trails in that
area.
(3) The department shall annually post to its website the
total miles of forest roads open to motorized use and a map or maps
of those forest roads.
(4) Before the department newly restricts a road or trail from
being used to access public land, the department shall provide each
local unit of government in which the public land is located
written notice that includes the reason for the restriction.
Sec. 81133. (1) An individual shall not operate an ORV:
(a) At a rate of speed greater than is reasonable and proper,
or in a careless manner, having due regard for conditions then
existing.
(b) During the hours of 1/2 hour after sunset to 1/2 hour
before sunrise without displaying a lighted headlight and lighted
taillight. The requirements of this subdivision are in addition to
any applicable requirements of section 81131(12).
(c) Unless the vehicle is equipped with a braking system that
may be operated by hand or foot, capable of producing deceleration
at 14 feet per second on level ground at a speed of 20 miles per
hour; a brake light, brighter than the taillight, visible from
behind the vehicle when the brake is activated, if the vehicle is
operated during the hours of 1/2 hour after sunset and 1/2 hour
before sunrise; and a throttle so designed that when the pressure
used to advance the throttle is removed, the engine speed will
immediately and automatically return to idle.
(d) In a state game area or state park or recreation area,
except on roads, trails, or areas designated for this purpose; on
other state-owned lands under the control of the department where
the operation would be in violation of rules promulgated by the
department; in a forest nursery or planting area; on public lands
posted or reasonably identifiable as an area of forest
reproduction, and when growing stock may be damaged; in a dedicated
natural area of the department; or in any area in such a manner as
to create an erosive condition, or to injure, damage, or destroy
trees or growing crops. However, the department may permit an owner
and guests of the owner to use an ORV within the boundaries of a
state forest in order to access the owner's property.
(e) On the frozen surface of public waters within 100 feet of
an individual not in or upon a vehicle, or within 100 feet of a
fishing shanty or shelter or an area that is cleared of snow for
skating purposes, except at the minimum speed required to maintain
controlled forward movement of the vehicle, or as may be authorized
by permit in special events.
(f) Unless the vehicle is equipped with a spark arrester type
United
States forest service Forest
Service approved muffler, in
good working order and in constant operation. Exhaust noise
emission shall not exceed 86 Db(A) or 82 Db(A) on a vehicle
manufactured after January 1, 1986, when the vehicle is under full
throttle, traveling in second gear, and measured 50 feet at right
angles from the vehicle path with a sound level meter that meets
the requirement of ANSI S1.4 1983, using procedure and ancillary
equipment therein described; or 99 Db(A) or 94 Db(A) on a vehicle
manufactured after January 1, 1986, or that level comparable to the
current sound level as provided for by the United States
environmental
protection agency Environmental
Protection Agency
when tested according to the provisions of the current SAE J1287,
June 86 test procedure for exhaust levels of stationary
motorcycles, using sound level meters and ancillary equipment
therein described. A vehicle subject to this part, manufactured or
assembled after December 31, 1972 and used, sold, or offered for
sale in this state, shall conform to the noise emission levels
established
by the United States environmental protection agency
Environmental Protection Agency under the noise control act of
1972, 42 USC 4901 to 4918.
(g) Within 100 feet of a dwelling at a speed greater than the
minimum required to maintain controlled forward movement of the
vehicle, except under any of the following circumstances:
(i) On property owned by or under the operator's control or on
which the operator is an invited guest.
(ii) On a forest road or forest trail if the forest road or
forest trail is maintained by or under the jurisdiction of the
department.
(iii) On a street, county road, or highway on which ORV use is
authorized pursuant to section 81131(2), (3), (5), or (6).
(h) In or upon the lands of another without the written
consent of the owner, the owner's agent, or a lessee, when required
by part 731. The operator of the vehicle is liable for damage to
private property caused by operation of the vehicle, including, but
not limited to, damage to trees, shrubs, or growing crops, injury
to other living creatures, or erosive or other ecological damage.
The owner of the private property may recover from the individual
responsible nominal damages of not less than the amount of damage
or injury. Failure to post private property or fence or otherwise
enclose in a manner to exclude intruders or of the private property
owner or other authorized person to personally communicate against
trespass does not imply consent to ORV use.
(i) In an area on which public hunting is permitted during the
regular November firearm deer season, from 7 a.m. to 11 a.m. and
from
2 p.m. to 5 p.m., except during as
follows:
(i) During an emergency. or
for
(ii) For law enforcement
purposes. , to
(iii) To go to and from a permanent residence or a hunting
camp
otherwise inaccessible by a conventional wheeled vehicle. ,
or
to
(iv) To remove legally harvested large game from public land.
a
deer, elk, or bear that has been taken under a valid license;
except
to An individual shall
operate an ORV under this
subparagraph at a speed not exceeding 5 miles per hour, using the
most direct route that complies with subdivision (n).
(v) To conduct necessary work functions involving land and
timber survey, communication and transmission line patrol, or
timber
harvest operations. ; or except on
(vi) On property owned or under control of the operator or on
which
the operator is an invited guest. A hunter removing game
under
this subdivision may leave the designated trail or forest
road
only to retrieve the game and shall not exceed 5 miles per
hour.
A
(vii) While operating a vehicle
registered under the code is
exempt
from this subdivision while operating on
a private road
capable of sustaining automobile traffic or a street, county road,
or
highway. A person holding
(viii) If the individual holds a valid permit to hunt from a
standing
vehicle issued under part 401 , or is a
person with a
disability using an ORV to access public lands for purposes of
hunting or fishing through use of a designated trail or forest
road. ,
is exempt from this subdivision. An
individual holding a
valid permit to hunt from a standing vehicle issued under part 401,
or a person with a disability using an ORV to access public lands
for purposes of hunting or fishing, may display a flag, the color
of which the department shall determine, to identify himself or
herself as a person with a disability or an individual holding a
permit to hunt from a standing vehicle under part 401.
(j) Except as otherwise provided in section 40111, while
transporting on the vehicle a bow unless unstrung or encased, or a
firearm unless unloaded and securely encased, or equipped with and
made inoperative by a manufactured keylocked trigger housing
mechanism.
(k) On or across a cemetery or burial ground, or land used as
an airport.
(l) Within 100 feet of a slide, ski, or skating area, unless
the vehicle is being used for the purpose of servicing the area or
is being operated pursuant to section 81131(2), (3), (5), or (6).
(m) On an operating or nonabandoned railroad or railroad
right-of-way, or public utility right-of-way, other than for the
purpose of crossing at a clearly established site intended for
vehicular traffic, except railroad, public utility, or law
enforcement personnel while in performance of their duties, and
except if the right-of-way is designated as provided for in section
81127.
(n) In or upon the waters of any stream, river, bog, wetland,
swamp, marsh, or quagmire except over a bridge, culvert, or similar
structure.
(o) To hunt, pursue, worry, kill, or attempt to hunt, pursue,
worry, or kill an animal, whether wild or domesticated.
(p) In a manner so as to leave behind litter or other debris.
(q) On public land, in a manner contrary to operating
regulations.
(r) While transporting or possessing, in or on the vehicle,
alcoholic liquor in a container that is open or uncapped or upon
which the seal is broken, except under either of the following
circumstances:
(i) The container is in a trunk or compartment separate from
the passenger compartment of the vehicle.
(ii) If the vehicle does not have a trunk or compartment
separate from the passenger compartment, the container is encased
or enclosed.
(s) While transporting any passenger in or upon an ORV unless
the manufacturing standards for the vehicle make provisions for
transporting passengers.
(t) On adjacent private land, in an area zoned residential,
within 300 feet of a dwelling at a speed greater than the minimum
required to maintain controlled forward movement of the vehicle
except under any of the following circumstances:
(i) On a forest road or forest trail if the forest road or
forest trail is maintained by or under the jurisdiction of the
department.
(ii) On a street, county road, or highway on which ORV use is
authorized under section 81131(2), (3), (5), or (6).
(u) On a forest trail if the ORV is greater than 50 inches in
width.
(2) An individual who is operating or is a passenger on an ORV
shall wear a crash helmet and protective eyewear that are approved
by
the United States department of transportation. Department of
Transportation. This subsection does not apply to any of the
following:
(a) An individual who owns the property on which the ORV is
operating, is a family member of the owner and resides at that
property, or is an invited guest of an individual who owns the
property. An exception under this subdivision does not apply to any
of the following:
(i) An individual less than 16 years of age.
(ii) An individual 16 or 17 years of age, unless the
individual has consent from his or her parent or guardian to ride
without a crash helmet.
(iii) An individual participating in an organized ORV riding
or racing event if an individual who owns the property receives
consideration for use of the property for operating ORVs.
(b) An individual wearing a properly adjusted and fastened
safety belt if the ORV is equipped with a roof that meets or
exceeds
United States department of transportation Department of
Transportation standards for a crash helmet.
(c) An ORV operated on a state-licensed game bird hunting
preserve at a speed of not greater than 10 miles per hour.
(3) Each person who participates in the sport of ORV riding
accepts the risks associated with that sport insofar as the dangers
are inherent. Those risks include, but are not limited to, injuries
to persons or property that can result from variations in terrain;
defects in traffic lanes; surface or subsurface snow or ice
conditions; bare spots; rocks, trees, and other forms of natural
growth or debris; and collisions with fill material, decks,
bridges, signs, fences, trail maintenance equipment, or other ORVs.
Those risks do not include injuries to persons or property that
result from the use of an ORV by another person in a careless or
negligent manner likely to endanger person or property. When an ORV
is operated in the vicinity of a railroad right-of-way, each person
who participates in the sport of ORV riding additionally assumes
risks including, but not limited to, entanglement with railroad
tracks, switches, and ties and collisions with trains and train-
related equipment and facilities.
Enacting section 1. Section 81126 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.81126, is
repealed.
Enacting section 2. This amendatory act takes effect April 1,
2016.