HB-5275, As Passed Senate, September 8, 2016

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5275

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 72101, 72115, 81127, and 81133 (MCL 324.72101,

324.72115, 324.81127, and 324.81133), section 72101 as amended by

2014 PA 211, section 72115 as amended by 2014 PA 213, section 81127

as amended by 1998 PA 86, and section 81133 as amended by 2014 PA

147, and by adding section 72118; 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 deer,

bear, or elk using the most direct route that does not enter a

stream, river, or wetland except over a bridge, culvert, or similar

structure.

     Sec. 72118. (1) The department shall make a comprehensive

inventory of forest roads that are state roads. The department

shall divide the state into 5 regions and complete the inventory in

regional phases. The Upper Peninsula shall be a separate region or

regions. The department shall inventory the 2 most northerly

regions in the Lower Peninsula by December 31, 2017. The department

shall inventory the remaining regions by December 31, 2018. 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) Beginning when the inventory for a region is completed or

required to be completed, whichever occurs first, all of the

following apply:

     (a) The forest roads within that region shall be open to

motorized use by the public unless designated otherwise by the

department pursuant to section 504(7). However, beginning on the

effective date of the amendatory act that added this section,

forest roads in the Upper Peninsula shall be open to motorized use

by the public unless designated otherwise pursuant to section

504(7).

     (b) If a timber harvest is planned for a particular area in

that region, the department shall evaluate whether the timber

harvest activity offers the opportunity to connect existing forest

roads and trails in that area.

     (c) The department shall not newly restrict a road or trail in

that region from being used to access public land unless the

department has provided each local unit of government in which the

public land is located written notice that includes the reason for

the restriction. This subdivision does not apply to a restriction

imposed to protect public health or safety in an emergency

situation.

     (3) The department shall annually post to its website the

total miles of forest roads open to motorized use in all

inventoried regions and a map or maps of those forest roads.

Sec. 81127. (1) Under the comprehensive system previously

approved and implemented under former section 16d of 1975 PA 319,

all forest roads shall be open to ORV use as provided in section

72118. All other state owned land under the jurisdiction of the

department shall be closed to ORV use except designated routes,

designated trails, and designated areas.the following:

     (a) Designated roads that are not forest roads.

     (b) Designated trails.

     (c) Designated areas.

     (2) The commission shall approve any subsequent revisions to

the system and shall establish an effective date for the revisions.

The department shall submit the revisions approved by the

commission to the secretary of the senate and the clerk of the

house of representatives at least 20 session days before the

effective date determined by the commission. If both standing

committees of the senate and the house of representatives that

primarily consider issues pertaining to the protection of natural

resources fail to reject the revisions within those 20 session

days, the revisions shall be considered approved.

(3) (2) In developing the system, the department shall

consider the needs of hunters, senior citizens, and persons

individuals with disabilities.

     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,

notwithstanding section 72118; 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 deer, bear, or elk 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.