Bill Text: MI SB0596 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Recreation; trails; trail development and management; provide for. Amends secs. 72103, 72105 & 72106 of 1994 PA 451 (MCL 324.72103 et seq.) & adds sec. 72103a.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-03-20 - Assigned Pa 0069'18 With Immediate Effect [SB0596 Detail]
Download: Michigan-2017-SB0596-Engrossed.html
SB-0596, As Passed Senate, November 9, 2017
SUBSTITUTE FOR
SENATE BILL NO. 596
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 72103, 72105, and 72106 (MCL 324.72103,
324.72105, and 324.72106), section 72103 as amended by 2014 PA 210,
section 72105 as amended by 2017 PA 138, and section 72106 as
amended by 2014 PA 212, and by adding section 72103a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 72103. (1) The director may designate a trail in this
state located on land as a "Pure Michigan Trail". A person may
request that the director designate a trail as a Pure Michigan
Trail. The director shall not designate a trail as a Pure Michigan
Trail unless it meets, or will meet when completed, all of the
following requirements:
(a) The trail is a model trail for its designated uses and the
designation of the trail as a Pure Michigan Trail contributes to a
statewide trail network that promotes healthy lifestyles, economic
development, recreation, and conservation of the natural and
cultural resources of this state.
(b) The land on which the trail is located is owned by this
state
or a governmental agency , or
otherwise is under the long-
term control of this state or a governmental agency through a
lease, easement, or other arrangement. If the land is owned by a
governmental agency, the director shall obtain the consent of the
governmental agency before designating the land as part of a Pure
Michigan Trail.
(c) The design and maintenance of the trail and its related
facilities meet generally accepted standards of public safety.
(d) The trail meets appropriate standards for its designated
recreation uses.
(e) The trail is available for designated recreation uses on a
nondiscriminatory basis.
(f) The trail is, or has potential to be, a segment of a
statewide network of trails, or it attracts a substantial share of
its users from beyond the local area.
(g) The trail is marked with an official Pure Michigan Trail
sign and logo at major access points.
(h) Where feasible, the trail 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 trail. The
trail may include amenities related to trail usage such as
connectors and access to rest areas, lodging, and eating
facilities, as well as park benches and signage. Support facilities
and trail amenities described in this subdivision are public goods.
(i) Potential negative impacts of trail development on owners
or residents of adjacent property are minimized through all of the
following:
(i) Adequate enforcement of trail rules and regulations.
(ii) Continuation of access for trail crossings for
agricultural and other purposes.
(iii) Construction and maintenance of fencing, where
necessary, by the owner or operator of the trail.
(iv) Other means as considered appropriate by the director.
(j) A trademark license is obtained by the department from the
Michigan economic development corporation for use of the words
"Pure Michigan".
(k) Other conditions required by the director.
(2) In designating trails as Pure Michigan Trails under
subsection (1), the director shall consider all forms of
permissible recreation uses equally in order to develop a Pure
Michigan Trails network that is representative of the various trail
uses.
(3) The director may designate a water trail as a "Pure
Michigan Water Trail". A person may request that the director
designate a trail as a Pure Michigan Water Trail. The director
shall not designate a trail as a Pure Michigan Water Trail unless
it meets, or will meet when completed, all of the following
requirements:
(a) The trail and its access points are open to public use and
are designed, constructed, and maintained according to best
management practices.
(b) The trail is located on a contiguous waterway or a series
of waterways that are contiguous or are connected by portages.
(c) The trail is consistent with applicable land use plans and
environmental laws.
(d) The trail meets the criteria of subsection (1)(a), (c),
(d), (e), (f), (g), (h), (i)(i) and (iv), and (k).
(e) A trademark license is obtained by the department from the
Michigan economic development corporation for use of the words
"Pure Michigan".
(4) Prior to designating a Pure Michigan Trail under
subsection (1) or a Pure Michigan Water Trail under subsection (3),
the director shall refer the proposed designation to the natural
resources commission, which shall hold a public hearing on the
proposed designation. Within 90 days after receiving the referral
under this subsection, the natural resources commission shall
provide the director with its recommendation regarding the
designation.
(5) The director may revoke a Pure Michigan Trail or a Pure
Michigan Water Trail designation if he or she determines that a
trail fails to meet the requirements of this section. Before
revoking a Pure Michigan Trail or a Pure Michigan Water Trail
designation, the director shall provide notice to all entities
involved in the management of the trail. If the trail is brought
into compliance with this section within 90 days after providing
this notice, the director shall not revoke the designation.
Sec. 72103a. The department may develop recommendations for
local trail managers on researching and providing historical,
cultural, or natural resource information related to the area that
a trail traverses using interpretive signage, online material, or
other appropriate means.
Sec. 72105. (1) The department may operate and maintain a
trail that is located on state owned land or may enter into an
agreement with a council or 1 or more governmental agencies to
provide for the operation and maintenance of the trail. An
agreement entered into under this subsection may include provisions
for any of the following:
(a) Construction, maintenance, and operation of the trail,
including amenities related to trail usage such as connectors and
access to rest areas, lodging, and eating facilities, as well as
park benches and signage.
(b) Enforcement of trail rules and regulations including
permitted uses of the trail.
(c) Other provisions consistent with this part.
(2) All of the following apply to the operation of an electric
bicycle on a trail subject to this part:
(a) An individual may operate a class 1 electric bicycle on a
linear trail that has an asphalt, crushed limestone, or similar
surface, or a rail trail. A local authority or agency of this state
having jurisdiction over a trail described in this subdivision may
regulate or prohibit the operation of a class 1 electric bicycle on
that trail.
(b) An individual may operate a class 2 or class 3 electric
bicycle on a linear trail that has an asphalt, crushed limestone,
or similar surface, or a rail trail if authorized by the local
authority or agency of this state having jurisdiction over the
trail.
(c) Except as otherwise provided in this subdivision, an
individual shall not operate an electric bicycle on a trail that is
specifically designated as nonmotorized and that has a natural
surface tread that is made by clearing and grading the native soil
with no added surfacing materials. A local authority or agency of
this state having jurisdiction over a trail described in this
subdivision may allow the operation of an electric bicycle on that
trail.
(3) Subsection (2) does not apply to the use of electric
bicycles on a congressionally authorized public trail system.
(4) As used in this section, "electric bicycle", "class 1
electric bicycle", "class 2 electric bicycle", and "class 3
electric bicycle" mean those terms as defined in section 13e of the
Michigan vehicle code, 1949 PA 300, MCL 257.13e.
Sec. 72106. (1) Two or more governmental agencies may
establish a trail management council for the development and
management of a trail pursuant to the urban cooperation act of
1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512.
(2) Upon formation, a council shall adopt operating procedures
and shall elect officers as the council considers appropriate.
(3) A council may do 1 or more of the following as authorized
in an interlocal agreement entered into pursuant to the urban
Senate Bill No. 596 as amended November 9, 2017
cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to
124.512:
(a) Operate and maintain that portion of 1 or more trails that
are owned or under the control of the governmental agencies
establishing the council.
(b) Pursuant to an agreement under section 72105, operate and
maintain that portion of 1 or more trails that are located on state
owned land.
(c) Review and consider current and potential permitted uses
of each trail and trail segment and provide an easily understood
plan for trail users.
(d) Establish protocols for the development and management of
a trail, which may include any of the following:
(i) Signage.
(ii) Trail etiquette and safety guidance.
(iii) A historical and cultural interpretive plan.
(iv) A formula for sharing costs of maintenance.
(v) A plan for linking the trail to nearby water trails, where
appropriate.
<<(vi) A plan for providing transit-based access for trail users
in order to enhance access for those who may not reside in the vicinity
of the trail.>>
(e) (c)
Coordinate the enforcement of trail
rules and
regulations and other applicable laws and ordinances, including
permitted uses of the trail on trails owned or under the control of
the governmental agencies establishing the council or, pursuant to
an agreement under section 72105, trails that are located on state
owned land.
(f) (d)
Receive any grant made from the
fund or other funding
related to that portion of a trail within its jurisdiction.
(g) (e)
Acquire or hold real property for
the purpose of
operating a trail.
(h) (f)
Perform other functions consistent
with this part.
(4) A council may hold 1 or more public hearings to receive
input and provide information on the development and management of
a trail.
(5) (4)
A council may be dissolved by the
governmental
agencies that participated in creating the council. However, if a
council has entered into an agreement with the department under
section 72105, the agreement shall specify how the council may be
dissolved.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
