2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-6 - Subchapter 6 Motorized Recreational Vehicles (324.81101...324.82161) › 451-1994-III-4-6-OFF-ROAD-RECREATION-VEHICLES - Off-Road Recreation Vehicles (324.81101...324.81151) › 451-1994-III-4-6-OFF-ROAD-RECREATION-VEHICLES-811 - Part 811 Off-Road Recreation Vehicles (324.81101...324.81151) › Section 324.81132.amended - Rules; Ordinance Enacted Under Authority of Rule; Enforcement.

***** 324.81132.amended THIS AMENDED SECTION IS EFFECTIVE FEBRUARY 13, 2024 *****
324.81132.amended Rules; ordinance enacted under authority of rule; enforcement.
Sec. 81132.
(1) The department may promulgate rules governing the operation and conduct of ORVs, vehicle speed limits, use of vehicles by day and hour, and the establishment and designation of areas within which vehicles may be used in a manner compatible with, and that will best protect, the public safety and general welfare on the frozen surface of public waters, and that will preserve the submerged marshlands adjacent to the borders of the Great Lakes, Lake St. Clair, and the navigable inland waters of the state.
(2) The department, on its own initiative or on receipt of a certified resolution of the governing body of a local unit of government may initiate investigations into the need for special rules governing the operation of vehicles on the frozen surface of public waters and the submerged marshlands adjacent to the borders of the Great Lakes, Lake St. Clair, and the navigable inland waters of the state. If controls for that activity are considered necessary, or when the amendment or rescission of an existing rule is required, a rule must be prepared. Notice of a public hearing must be made not less than 10 days prior to the hearing, in a newspaper of general circulation in the area within which the rules are to be imposed, amended, or rescinded.
(3) The proposed rule must then be submitted to the governing body of the political subdivision in which the affected frozen waters or marshes lie. Within 30 calendar days, the governing body shall inform the department that it approves or disapproves of the proposed rule. If the governing body disapproves the proposed rule, further action must not be taken. If the governing body approves the proposed rule, a local ordinance may be enacted which must be identical to the rule, and which ordinance must not be effective until the rule is in effect in accordance with law. The department shall then promulgate the rule.
(4) When an ordinance is enacted under the authority of a rule, and that rule is subsequently suspended by the legislature, or amended or rescinded by the department, the ordinance must also be suspended, amended, or repealed.
(5) A local peace officer may enforce an ordinance enacted pursuant to this section, and a state peace officer shall enforce a rule promulgated under this section.
History:
Add. 1995, Act 58, Imd. Eff. May 24, 1995 ;-- Am. 2023, Act 210, Eff. Feb. 13, 2024
Popular Name:
Act 451
Popular Name:
NREPA
Popular Name:
Off-Road Vehicle Act
Popular Name:
ORV