HOUSE BILL NO. 4827

August 27, 2019, Introduced by Reps. Sabo, Hertel, Cherry, Ellison, Elder, Sowerby, Pohutsky, Howell, Lasinski and Jones and referred to the Committee on Natural Resources and Outdoor Recreation.

"Natural resources and environmental protection act,"

(MCL 324.101 to 324.90106) by adding subpart 8 to part 501.

the people of the state of michigan enact:

SUBPART 8

OAK WILT CONTROL

Sec. 50171. (1) In order to prevent the spread of oak wilt in this state, except as provided in subsection (2), a person shall not prune an oak tree, remove deadwood from an oak tree, remove an oak tree, clear land containing 1 or more oak trees, or otherwise injure oak trees during the period from April 15 through July 15.

(2) A person may do any of the following during the period from April 15 through July 15:

(a) Prune or remove deadwood from an oak tree if necessary for reasons such as power line trimming, if the portion of the tree that is injured is sealed immediately after the injury is made.

(b) Make emergency repairs to a storm-injured oak tree by making a fresh cut several feet from the injured portion within 24 hours after the injury occurs, if the pruning wound is immediately treated with a sealant.

(c) Remove an oak tree, if necessary for land clearing or timber operations and if the stump is immediately treated with a sealant, covered with soil, or chipped out within 48 hours.

(3) The department shall establish and update, as appropriate, statewide best stewardship practices for the proper management of oak trees and the control and eradication of oak wilt. The best stewardship practices must include all of the following:

(a) Protocols for maintaining highly valued oak trees in locations such as parks, golf courses, and grounds. In these areas, the best stewardship practices must include recommendations that the procedures described in subsection (2) should be followed during the period from April 15 through November 30.

(b) Procedures for the treatment of oak wilt, such as root graft disruption or trunk injections or both.

(d) Protocols for the handling of oak trees that are killed by oak wilt, including the transportation and use of the trees for firewood, landscape mulch and other landscaping products, or lumber.

(4) The department shall publicize the best stewardship practices established under subsection (3) in a manner that is designed to inform owners and managers of land containing oak trees. The department shall also post the best stewardship practices on its website.

(5) As used in this section, "oak wilt" means the disease caused by the fungus Bretziella fagacearum (formerly known as Ceratocystis fagacearum).