HOUSE BILL No. 5882

 

 

September 15, 2016, Introduced by Reps. Whiteford, Rendon, Goike, Forlini, Kivela, Smiley, Brunner, McBroom, Victory and Poleski and referred to the Committee on Natural Resources.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending section 51501 (MCL 324.51501), as amended by 2004 PA

 

529, and by adding section 51503c.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 51501. As used in this part:

 

     (a) "Certified prescribed burn manager" means an individual

 

who has successfully completed the certification program of the

 

department under section 51513 and possesses a valid certification

 

number.

 

     (b) "Department" means the department of natural resources.

 

     (c) "Domestic purposes" refers to burning that is any of the

 

following:


     (i) A fire within the curtilage of a dwelling where the

 

material being burned has been properly placed in a debris burner

 

constructed of metal or masonry, with a metal covering device with

 

openings no larger than 3/4 of an inch.

 

     (ii) A campfire.

 

     (iii) Any fire within a building.

 

     (d) "Extinguished", in reference to prescribed burning, means

 

that there is no longer any spreading flame.

 

     (e) "Forest land", subject to subdivision (f), means any of

 

the following:

 

     (i) Timber land, potential timber-producing land, or cutover

 

or burned timber land.

 

     (ii) Wetland.

 

     (iii) Prairie or other land dominated by grasses or forbes.

 

     (f) "Forest land" does not include land devoted to

 

agriculture.

 

     (g) "Flammable material" means any substance that will burn,

 

including, but not limited to, refuse, debris, waste forest

 

material, brush, stumps, logs, rubbish, fallen timber, grass,

 

stubble, leaves, fallow land, slash, crops, or crop residue.

 

     (h) "Prescribed burn" or "prescribed burning" means the

 

burning, in compliance with a prescription and to meet planned fire

 

or land management objectives, of a continuous cover of fuels.

 

     (i) "Prescription" means a written plan establishing the

 

criteria necessary for starting, controlling, and extinguishing a

 

burn.

 

     (j) "Primary public safety answering point" means that term as


defined in section 102 of the emergency 9-1-1 service enabling act,

 

1986 PA 32, MCL 484.1102.

 

     (k) (j) "Wetland" means land characterized by the presence of

 

water at a frequency and duration sufficient to support, and that

 

under normal circumstances does support, wetland vegetation or

 

aquatic life, and is commonly referred to as a bog, swamp, or

 

marsh.

 

     Sec. 51503c. (1) At least 24 hours before conducting a

 

prescribed burn, the department shall notify by telephone the

 

township supervisor and primary public safety answering point of

 

each township where the prescribed burn is to take place. The

 

notice shall include all of the following:

 

     (a) The location, expected date, and estimated number of acres

 

of the prescribed burn.

 

     (b) The name, electronic mail address, and telephone number of

 

the person in charge of the prescribed burn.

 

     (2) A violation of this section is not subject to section

 

51506 or 51512.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.