reglab/statecodes huggingface dataset:
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-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-361 - Part 361 Farmland and Open Space Preservation (324.36101...324.36117) › Section 324.36102 - Development Rights Agreement or Easement; Execution Authorized; Provisions.

324.36102 Development rights agreement or easement; execution authorized; provisions.
Sec. 36102.
(1) The state land use agency may execute a development rights agreement or easement on behalf of the state.
(2) The provisions of a development rights agreement or easement shall be consistent with the purposes of this part and shall not permit an action which will materially impair the character of the land involved.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
Farmland and Open Space
Popular Name:
NREPA
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-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-361 - Part 361 Farmland and Open Space Preservation (324.36101...324.36117) › Section 324.36103 - Development Rights Agreement or Easement; Effect of Execution and Acceptance; Term; Limitation; Disposition; Prior Lien, Lease, or Interest Not Superseded; Lien of State or Local Governing Body; Subordination.

324.36103 Development rights agreement or easement; effect of execution and acceptance; term; limitation; disposition; prior lien, lease, or interest not superseded; lien of state or local governing body; subordination.
Sec. 36103.
(1) The execution and acceptance of a development rights agreement or easement by the state or local governing body and the owner dedicates to the public the development rights in the land for the term specified in the instrument. A development rights agreement or easement shall be for an initial term of not less than 10 years. A development rights agreement or easement entered into after June 5, 1996 shall not be for a term of more than 90 years.
(2) The state or local governing body shall not sell, transfer, convey, relinquish, vacate, or otherwise dispose of a development rights agreement or easement except with the agreement of the owner as provided in sections 36111, 36111a, 36112, and 36113.
(3) An agreement or easement does not supersede any prior lien, lease, or interest that is properly recorded with the county register of deeds.
(4) A lien created under this part in favor of the state or a local governing body is subordinate to a lien of a mortgage that is recorded in the office of the register of deeds before the recording of the lien of the state or local governing body.
(5) The state shall subordinate its interest in a recorded agreement under section 36104 or an easement under section 36105 or 36106 to a subsequently recorded mortgage lien, lease, or interest if both of the following conditions are met:
(a) The parcel meets the requirements set forth under section 36111(2)(a) for parcels containing existing structures.
(b) The landowner requesting the subordination is an individual essential to the operation of the farm as defined in section 36110(5).
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995 ;-- Am. 1996, Act 233, Imd. Eff. June 5, 1996 ;-- Am. 2003, Act 36, Imd. Eff. July 3, 2003
Popular Name:
Act 451
Popular Name:
Farmland and Open Space
Popular Name:
NREPA
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-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-361 - Part 361 Farmland and Open Space Preservation (324.36101...324.36117) › Section 324.36104a - Permitted Use; Criteria.

***** 324.36104a THIS SECTION IS AMENDED EFFECTIVE FEBRUARY 13, 2024: See 324.36104a.amended *****
324.36104a Permitted use; criteria.
Sec. 36104a.
In determining whether a use is a permitted use, the state land use agency shall consider the following criteria:
(a) Whether the use adversely affects the productivity of farmland or adversely affects the character of open space land.
(b) Whether the use materially alters or negatively affects the existing conditions or use of the land.
(c) Whether the use substantially alters the agricultural use of farmland subject to a development rights agreement or substantially alters the natural character of open space land subject to an open space easement.
(d) Whether the use results in a material alteration of an existing structure to a nonagricultural use.
(e) Whether the use conforms with all applicable federal, state, and local laws and ordinances.
History:
Add. 1996, Act 233, Imd. Eff. June 5, 1996
Popular Name:
Act 451
Popular Name:
Farmland and Open Space
Popular Name:
NREPA
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-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-361 - Part 361 Farmland and Open Space Preservation (324.36101...324.36117) › Section 324.36104a.amended - Permitted Use; Criteria; Exception.

***** 324.36104a.amended THIS AMENDED SECTION IS EFFECTIVE FEBRUARY 13, 2024 *****
324.36104a.amended Permitted use; criteria; exception.
Sec. 36104a.
(1) In determining whether a use is a permitted use, the state land use agency shall consider the following criteria:
(a) Whether the use adversely affects the productivity of farmland or adversely affects the character of open space land.
(b) Whether the use materially alters or negatively affects the existing conditions or use of the land.
(c) Whether the use substantially alters the agricultural use of farmland subject to a development rights agreement or substantially alters the natural character of open space land subject to an open space easement.
(d) Whether the use results in a material alteration of an existing structure to a nonagricultural use.
(e) Whether the use conforms with all applicable federal, state, and local laws and ordinances.
(2) Subsection (1) does not apply to a use authorized under section 36104c or 36104e.
History:
Add. 1996, Act 233, Imd. Eff. June 5, 1996 ;-- Am. 2023, Act 230, Eff. Feb. 13, 2024
Popular Name:
Act 451
Popular Name:
Farmland and Open Space
Popular Name:
NREPA
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-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-361 - Part 361 Farmland and Open Space Preservation (324.36101...324.36117) › Section 324.36104c.added - Farming Operations; Permitted Uses.

***** 324.36104c.added THIS ADDED SECTION IS EFFECTIVE FEBRUARY 13, 2024 *****
324.36104c.added Farming operations; permitted uses.
Sec. 36104c.
Storage, retail or wholesale marketing, or processing of agricultural products is a permitted use in a farming operation if more than 50% of the stored, processed, or merchandised products are produced by the farm operator for at least 3 of the immediately preceding 5 years.
History:
Add. 2023, Act 230, Eff. Feb. 13, 2024
Popular Name:
Act 451
Popular Name:
Farmland and Open Space
Popular Name:
NREPA
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-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-361 - Part 361 Farmland and Open Space Preservation (324.36101...324.36117) › Section 324.36107 - Notice of Owners' Intentions Regarding Extension or Expiration of Agreement or Easement; Notice of Lien.

324.36107 Notice of owners' intentions regarding extension or expiration of agreement or easement; notice of lien.
Sec. 36107.
(1) All participants owning land contained under a development rights agreement or easement shall notify, on a form provided by the state land use agency for informational purposes only, the state or the local governing body holding the development rights, 6 months before the natural termination date of the development rights agreement or easement, of the owners' intentions regarding whether the agreement or easement should be extended or allowed to expire.
(2) The state land use agency shall notify the landowner via first-class mail at least 7 years before the expiration of a development rights agreement or easement that a lien may be placed at the time of expiration on the enrolled land in accordance with section 36111(8) if the landowner does not extend the agreement or easement and shall indicate to the landowner the option of not claiming credits during all or a portion of the next 7 years.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995 ;-- Am. 1996, Act 233, Imd. Eff. June 5, 1996
Popular Name:
Act 451
Popular Name:
Farmland and Open Space
Popular Name:
NREPA
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-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-361 - Part 361 Farmland and Open Space Preservation (324.36101...324.36117) › Section 324.36108 - Special Assessments.

324.36108 Special assessments.
Sec. 36108.
(1) A city, village, township, county, or other governmental agency shall not impose special assessments for sanitary sewers, water, lights, or nonfarm drainage on land for which a development rights agreement or easement has been recorded, except for years before 1995 as to a dwelling or a nonfarm structure located on the land, unless the assessments were imposed before the recording of the development rights agreement or easement.
(2) Land covered by this exemption shall be denied use of an improvement created by the special assessment until it has paid that portion of the special assessment directly attributable to the actual use of the improvement created by the special assessment.
(3) Upon termination of a development rights agreement or easement that has been exempt from a special assessment under this section, a city, village, township, county, or other governmental agency may impose the previously exempted special assessment. However, the amount of that special assessment shall not exceed the amount the special assessment would have been at the initial time of exemption, and shall not be subject to interest or penalty.
(4) If a dwelling or a nonfarm structure located on land covered by a development rights agreement or easement is required under the public health code, Act No. 368 of the Public Acts of 1978, being sections 333.1101 to 333.25211 of the Michigan Compiled Laws, to connect to an improvement created by a special assessment, the owner of that dwelling or nonfarm structure shall pay only that portion of the special assessment directly attributable to the actual use of the improvement created by the special assessment.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995 ;-- Am. 1996, Act 233, Imd. Eff. June 5, 1996
Popular Name:
Act 451
Popular Name:
Farmland and Open Space
Popular Name:
NREPA
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-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-361 - Part 361 Farmland and Open Space Preservation (324.36101...324.36117) › Section 324.36114 - Injunction; Penalty.

324.36114 Injunction; penalty.
Sec. 36114.
If the owner or a successor in title of the land upon which a development rights agreement or easement has been recorded pursuant to this part changes the use of the land to a prohibited use or knowingly sells the land for a use other than those permitted in the development rights agreement or easement without first pursuing the provisions in sections 36110(2), 36111, 36112, and 36113, or receiving permission of the state land use agency, he or she may be enjoined by the state acting through the attorney general, or by the local governing body acting through its attorney, and is subject to a civil penalty for actual damages, which in no case shall exceed double the value of the land as established at the time the application for the development rights agreement or easement was approved.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
Farmland and Open Space
Popular Name:
NREPA
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-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-361 - Part 361 Farmland and Open Space Preservation (324.36101...324.36117) › Section 324.36115 - Exchange of Information.

324.36115 Exchange of information.
Sec. 36115.
All departments and agencies of state government shall cooperate with the state land use agency in the exchange of information concerning projects and activities that might jeopardize the preservation of land contemplated by this part. The state land use agency shall periodically advise the departments and agencies of state government of the location and description of land upon which there exists development rights agreements or easements and the departments and agencies shall harmonize their planning and projects consistent with the purposes of this part.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
Farmland and Open Space
Popular Name:
NREPA
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-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-361 - Part 361 Farmland and Open Space Preservation (324.36101...324.36117) › Section 324.36116 - Rules.

324.36116 Rules.
Sec. 36116.
The state land use agency may promulgate rules for the administration of this part.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
Farmland and Open Space
Popular Name:
NREPA
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-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-361 - Part 361 Farmland and Open Space Preservation (324.36101...324.36117) › Section 324.36117 - Repealed. 2016, Act 265, Eff. Sept. 26, 2016.

324.36117 Repealed. 2016, Act 265, Eff. Sept. 26, 2016.
Compiler's Notes:
The repealed section pertained to report and recommendation for preservation of certain lands.
Popular Name:
Act 451
Popular Name:
Farmland and Open Space
Popular Name:
NREPA
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-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-362 - Part 362 Agricultural Preservation Fund (324.36201...324.36207) › Section 324.36202 - Agricultural Preservation Fund; Creation; Disposition; Money Remaining in Fund; Administration; Expenditures.

324.36202 Agricultural preservation fund; creation; disposition; money remaining in fund; administration; expenditures.
Sec. 36202.
(1) The agricultural preservation fund is created within the state treasury.
(2) The state treasurer may receive money or other assets from any source for deposit into the fund, including federal funds, other state revenues, gifts, bequests, and other donations. The state treasurer shall direct the investment of the fund and shall credit to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund.
(4) The department shall be the administrator of the fund for auditing purposes.
(5) Money in the fund may be expended, upon appropriation, as follows:
(a) Not more than $1,400,000.00 annually for the administrative costs of the department and the board in implementing this part and part 361.
(b) After expenditures for the administrative costs under subdivision (a), money in the fund may be used, upon approval of the board, to provide grants to local units of government pursuant to section 36203.
(c) After expenditures under subdivisions (a) and (b) have been made, if the amount of money remaining in the fund exceeds $5,000,000.00, money in the fund may be used, upon approval of the board, pursuant to part 361 for the purchase of development rights to farmland or the acquisition of agricultural conservation easements.
(6) Expenditures of money in the fund as provided in this part are consistent with the state's interest in preserving farmland and are for an important public purpose.
History:
Add. 2000, Act 262, Imd. Eff. June. 29, 2000 ;-- Am. 2004, Act 75, Imd. Eff. Apr. 21, 2004 ;-- Am. 2013, Act 86, Imd. Eff. June 28, 2013 ;-- Am. 2016, Act 265, Eff. Sept. 26, 2016
Popular Name:
Act 451
Popular Name:
NREPA
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-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-362 - Part 362 Agricultural Preservation Fund (324.36201...324.36207) › Section 324.36203 - Purchase of Agricultural Conservation Easements; Establishment of Grant Program; Application; Eligibility; Form; Contents; Forwarding to Board.

324.36203 Purchase of agricultural conservation easements; establishment of grant program; application; eligibility; form; contents; forwarding to board.
Sec. 36203.
(1) The department shall establish a grant program to provide grants to eligible local units of government for the purchase of agricultural conservation easements.
(2) A grant application shall be submitted by the local unit of government applying for the grant. A local unit of government is eligible to submit a grant application under this section if both of the following requirements have been met:
(a) The local unit of government has adopted a development rights ordinance providing for a purchase of development rights program pursuant to the county zoning act, 1943 PA 183, MCL 125.201 to 125.240, the township zoning act, 1943 PA 184, MCL 125.271 to 125.310, or the city and village zoning act, 1921 PA 207, MCL 125.581 to 125.600, that contains all of the following:
(i) An application procedure.
(ii) The criteria for a scoring system for parcel selections within the local unit of government.
(iii) A method to establish the price to be paid for development rights, which may include an appraisal, bidding, or formula-based process.
(b) The local unit of government has adopted, within the last 10 years, a comprehensive land use plan that includes a plan for agricultural preservation or the local unit of government is included within a regional plan that was prepared within the last 10 years that includes a plan for agricultural preservation.
(3) An application for a grant shall be submitted on a form prescribed by the department. The grant application shall include at a minimum a list of the parcels proposed for acquisition of agricultural conservation easements, the size and location of each parcel, the amount of local matching funds, and the estimated acquisition value of the agricultural conservation easements.
(4) Upon receipt of grant applications pursuant to subsection (3), the department shall forward those grant applications to the board for consideration under section 36205.
History:
Add. 2000, Act 262, Imd. Eff. June. 29, 2000
Popular Name:
Act 451
Popular Name:
NREPA
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-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-362 - Part 362 Agricultural Preservation Fund (324.36201...324.36207) › Section 324.36204 - Agricultural Preservation Fund Board; Creation; Membership; Appointment; Terms; Quorum; Compensation; Expenses; Election of Chairperson and Vice-Chairperson; Removal of Member; Vacancy.

324.36204 Agricultural preservation fund board; creation; membership; appointment; terms; quorum; compensation; expenses; election of chairperson and vice-chairperson; removal of member; vacancy.
Sec. 36204.
(1) The agricultural preservation fund board is created within the department.
(2) The board shall consist of the following members:
(a) The director of the department or his or her designee.
(b) The director of the department of natural resources or his or her designee.
(c) Five individuals appointed by the governor as follows:
(i) Two individuals representing agricultural interests.
(ii) One individual representing conservation interests.
(iii) One individual representing development interests.
(iv) One individual representing the general public.
(d) In addition to the members described in subdivisions (a) to (c), the director of the department may appoint 2 individuals with knowledge and expertise in agriculture or land use, or local government, as nonvoting members.
(3) The members first appointed to the board shall be appointed within 60 days after the effective date of this section.
(4) Members of the board appointed under subsection (2)(c) and (d) shall serve for terms of 4 years or until a successor is appointed, whichever is later. However, of the members first appointed under subsection (2)(c), 1 shall be appointed for a term of 2 years, 2 shall be appointed for terms of 3 years, and 2 shall be appointed for terms of 4 years.
(5) A majority of the members of the board constitute a quorum for the transaction of business at a meeting of the board. A majority of the members present and serving are required for official action of the board.
(6) Members of the board shall serve without compensation. However, members of the board may be reimbursed for their actual and necessary expenses incurred in the performance of their official duties as members of the board.
(7) The board shall annually elect a chairperson and a vice-chairperson from among its members.
(8) The board may remove a member of the board for incompetency, dereliction of duty, malfeasance, misfeasance, or nonfeasance in office, or any other good cause.
(9) A vacancy on the board shall be filled for the unexpired term in the same manner as the original appointment.
History:
Add. 2000, Act 262, Imd. Eff. June. 29, 2000
Popular Name:
Act 451
Popular Name:
NREPA
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-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-362 - Part 362 Agricultural Preservation Fund (324.36201...324.36207) › Section 324.36205 - Application; Evaluation Criteria; Priority; Determination of Grant Awards; Amount; Notification; Report to Commission; Maximum Expenditure; Portion of Acquisition Cost to Be Provided by Applicant or Another Person.

324.36205 Application; evaluation criteria; priority; determination of grant awards; amount; notification; report to commission; maximum expenditure; portion of acquisition cost to be provided by applicant or another person.
Sec. 36205.
(1) An application submitted to the board under section 36203 shall be evaluated according to selection criteria established by the board. The criteria shall place a priority on the acquisition of agricultural conservation easements on farmland that meets 1 or more of the following:
(a) Farmland that has a productive capacity suited for the production of feed, food, and fiber.
(b) Farmland that would complement and is part of a documented, long-range effort or plan for land preservation by the local unit of government in which the farmland is located.
(c) Farmland that is located within an area that complements other land protection efforts by creating a block of farmland that is subject to an agricultural conservation easement under this part or part 361, or a development rights agreement under part 361, or in which development rights have been acquired under part 361.
(d) Farmland in which a greater portion of matching funds or a larger percentage of the agricultural conservation easement value is provided by a local unit of government or sources other than the fund.
(e) Other factors considered important by the board.
(2) After reviewing grant applications for the acquisition of agricultural conservation easements and evaluating them according to the criteria established in subsection (1), the board shall determine which grants should be awarded and the amount of the grants. Upon making its determination, the board shall notify the department and shall submit a report containing this information to the commission.
(3) The board may establish a maximum amount per acre that may be expended with money from the fund for the purchase of agricultural conservation easements.
(4) A grant shall require that a portion of the cost of acquiring an agricultural conservation easement shall be provided by the applicant or another person.
History:
Add. 2000, Act 262, Imd. Eff. June. 29, 2000
Popular Name:
Act 451
Popular Name:
NREPA
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-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-362 - Part 362 Agricultural Preservation Fund (324.36201...324.36207) › Section 324.36207 - Rules.

324.36207 Rules.
Sec. 36207.
The department may promulgate rules to implement this part.
History:
Add. 2000, Act 262, Imd. Eff. June. 29, 2000
Popular Name:
Act 451
Popular Name:
NREPA
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-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-ENDANGERED-SPECIES - Endangered Species (324.36501...324.36507) › 451-1994-III-1-ENDANGERED-SPECIES-365 - Part 365 Endangered Species Protection (324.36501...324.36507) › Section 324.36501 - Definitions.

324.36501 Definitions.
Sec. 36501.
As used in this part:
(a) "Endangered species" means any species of fish, plant life, or wildlife that is in danger of extinction throughout all or a significant part of its range, other than a species of insecta determined by the department or the secretary of the United States department of the interior to constitute a pest whose protection under this part would present an overwhelming and overriding risk to humans.
(b) "Fish or wildlife" means any member of the animal kingdom, including any mammal, fish, amphibian, mollusk, crustacean, arthropod, or other invertebrate, and includes any part, product, egg, or offspring, or the dead body or parts thereof. Fish or wildlife includes migratory birds, nonmigratory birds, or endangered birds for which protection is afforded by treaty or other international agreement.
(c) "Import" means to bring into, introduce into, or attempt to bring into or introduce into any place subject to the jurisdiction of this state.
(d) "Plant or plant life" means any member of the plant kingdom, including seeds, roots, and other parts of a member of the plant kingdom.
(e) "Species" includes any subspecies of fish, plant life, or wildlife and any other group of fish, plants, or wildlife of the same species or smaller taxa in common spatial arrangement that interbreed or cross-pollinate when mature.
(f) "Take" means, in reference to fish and wildlife, to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, collect, or attempt to engage in any such conduct.
(g) "Take" means, in reference to plants, to collect, pick, cut, dig up, or destroy in any manner.
(h) "Threatened species" means any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
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-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-ENDANGERED-SPECIES - Endangered Species (324.36501...324.36507) › 451-1994-III-1-ENDANGERED-SPECIES-365 - Part 365 Endangered Species Protection (324.36501...324.36507) › Section 324.36502 - Duties of Department.

324.36502 Duties of department.
Sec. 36502.
The department shall perform those acts necessary for the conservation, protection, restoration, and propagation of endangered and threatened species of fish, wildlife, and plants in cooperation with the federal government, pursuant to the endangered species act of 1973, Public Law 93-205, 87 Stat. 884, and with rules promulgated by the secretary of the interior under that act.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
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-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-ENDANGERED-SPECIES - Endangered Species (324.36501...324.36507) › 451-1994-III-1-ENDANGERED-SPECIES-365 - Part 365 Endangered Species Protection (324.36501...324.36507) › Section 324.36503 - Investigations; Determinations; Rule; Review.

324.36503 Investigations; determinations; rule; review.
Sec. 36503.
(1) The department shall conduct investigations on fish, plants, and wildlife in order to develop information relating to population, distribution, habitat needs, limiting factors, and other biological and ecological data to determine management measures necessary for their continued ability to sustain themselves successfully. On the basis of these determinations and other available scientific and commercial data, which may include consultation with scientists and others who may have specialized knowledge, learning, or experience, the department shall promulgate a rule listing those species of fish, plants, and wildlife that are determined to be endangered or threatened within the state, pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws.
(2) The department shall conduct a review of the state list of endangered and threatened species within not more than 2 years after its effective date and every 2 years thereafter, and may amend the list by appropriate additions or deletions pursuant to Act No. 306 of the Public Acts of 1969.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
Admin Rule:
R 299.1021 et seq. of the Michigan Administrative Code.
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-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-ENDANGERED-SPECIES - Endangered Species (324.36501...324.36507) › 451-1994-III-1-ENDANGERED-SPECIES-365 - Part 365 Endangered Species Protection (324.36501...324.36507) › Section 324.36504 - Programs; Cooperative Agreements.

324.36504 Programs; cooperative agreements.
Sec. 36504.
(1) The department may establish programs, including acquisition of land or aquatic habitat, as are considered necessary for the management of endangered or threatened species.
(2) In implementing the programs authorized by this section, the department may enter into cooperative agreements with federal and state agencies, political subdivisions of the state, or with private persons for the administration and management of any area or program established under this section or for investigation as outlined in section 36503.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
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-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-ENDANGERED-SPECIES - Endangered Species (324.36501...324.36507) › 451-1994-III-1-ENDANGERED-SPECIES-365 - Part 365 Endangered Species Protection (324.36501...324.36507) › Section 324.36506 - Enforcement of Part And Rules.

324.36506 Enforcement of part and rules.
Sec. 36506.
A law enforcement officer, police officer, sheriff's deputy, or conservation officer shall enforce this part and the rules promulgated under this part.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
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-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-ENDANGERED-SPECIES - Endangered Species (324.36501...324.36507) › 451-1994-III-1-ENDANGERED-SPECIES-365 - Part 365 Endangered Species Protection (324.36501...324.36507) › Section 324.36507 - Violation; Penalty.

324.36507 Violation; penalty.
Sec. 36507.
A person who violates this part or who fails to procure any permit required under this part is guilty of a misdemeanor punishable by imprisonment for not more than 90 days, or a fine of not more than $1,000.00 or less than $100.00, or both.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995 ;-- Am. 1996, Act 128, Imd. Eff. Mar. 13, 1996
Popular Name:
Act 451
Popular Name:
NREPA
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-2 - Chapter 2 Management of Renewable Resources (324.40101...324.53519) › 451-1994-III-2-1 - Subchapter 1 Wildlife (324.40101...324.43303) › 451-1994-III-2-1-WILDLIFE-CONSERVATION - Wildlife Conservation (324.40101...324.41403) › 451-1994-III-2-1-WILDLIFE-CONSERVATION-401 - Part 401 Wildlife Conservation (324.40101...324.40120) › Section 324.40101 - Meanings of Words and Phrases.

324.40101 Meanings of words and phrases.
Sec. 40101.
For purposes of this part, the words and phrases defined in sections 40102 to 40104 have the meanings ascribed to them in those sections.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
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-2 - Chapter 2 Management of Renewable Resources (324.40101...324.53519) › 451-1994-III-2-1 - Subchapter 1 Wildlife (324.40101...324.43303) › 451-1994-III-2-1-WILDLIFE-CONSERVATION - Wildlife Conservation (324.40101...324.41403) › 451-1994-III-2-1-WILDLIFE-CONSERVATION-401 - Part 401 Wildlife Conservation (324.40101...324.40120) › Section 324.40104 - Definitions; T, V.

324.40104 Definitions; T, V.
Sec. 40104.
(1) "Take" means to hunt with any weapon, dog, raptor, or other wild or domestic animal trained for that purpose; kill; chase; follow; harass; harm; pursue; shoot; rob; trap; capture; or collect animals, or to attempt to engage in such an activity.
(2) "Transport" means to carry or ship animals within this state or to points outside this state.
(3) "Trap" means taking or attempting to take animals by means of a trap or other device designed to kill or capture animals.
(4) "Vehicle" means every device in, upon, or by which any person or property is or may be transported, except devices exclusively moved by human power.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
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-2 - Chapter 2 Management of Renewable Resources (324.40101...324.53519) › 451-1994-III-2-1 - Subchapter 1 Wildlife (324.40101...324.43303) › 451-1994-III-2-1-WILDLIFE-CONSERVATION - Wildlife Conservation (324.40101...324.41403) › 451-1994-III-2-1-WILDLIFE-CONSERVATION-401 - Part 401 Wildlife Conservation (324.40101...324.40120) › Section 324.40105 - Animals as Property of State; Taking of Animals to Be Regulated.

324.40105 Animals as property of state; taking of animals to be regulated.
Sec. 40105.
All animals found in this state, whether resident or migratory and whether native or introduced, are the property of the people of the state, and the taking of all animals shall be regulated by the department as provided by law.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
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-2 - Chapter 2 Management of Renewable Resources (324.40101...324.53519) › 451-1994-III-2-1 - Subchapter 1 Wildlife (324.40101...324.43303) › 451-1994-III-2-1-WILDLIFE-CONSERVATION - Wildlife Conservation (324.40101...324.41403) › 451-1994-III-2-1-WILDLIFE-CONSERVATION-401 - Part 401 Wildlife Conservation (324.40101...324.40120) › Section 324.40106 - Game or Protected Animal; Taking, Releasing, Transporting, Selling, Buying, or Possessing; Construction of Section.

324.40106 Game or protected animal; taking, releasing, transporting, selling, buying, or possessing; construction of section.
Sec. 40106.
A person shall not take, release, transport, sell, buy, or have in his or her possession game or any protected animal, whether living or dead, or parts of any game or protected animal, from this state or from outside of this state, except as provided for in this part or by an order of the department or an interim order of the department. This section does not enhance the department's powers to establish an open season for an animal that is not game or give the department the power to designate a species as game.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
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-2 - Chapter 2 Management of Renewable Resources (324.40101...324.53519) › 451-1994-III-2-1 - Subchapter 1 Wildlife (324.40101...324.43303) › 451-1994-III-2-1-WILDLIFE-CONSERVATION - Wildlife Conservation (324.40101...324.41403) › 451-1994-III-2-1-WILDLIFE-CONSERVATION-401 - Part 401 Wildlife Conservation (324.40101...324.40120) › Section 324.40107a - Repealed. 2003, Act 242, Eff. Jan. 4, 2009.

324.40107a Repealed. 2003, Act 242, Eff. Jan. 4, 2009.
Compiler's Notes:
The repealed section pertained to raptors.
Popular Name:
Act 451
Popular Name:
NREPA
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-2 - Chapter 2 Management of Renewable Resources (324.40101...324.53519) › 451-1994-III-2-1 - Subchapter 1 Wildlife (324.40101...324.43303) › 451-1994-III-2-1-WILDLIFE-CONSERVATION - Wildlife Conservation (324.40101...324.41403) › 451-1994-III-2-1-WILDLIFE-CONSERVATION-401 - Part 401 Wildlife Conservation (324.40101...324.40120) › Section 324.40107b - Taking of Live Raptors for Use in Falconry; Order; Establishment of Season; Scope of Section.

324.40107b Taking of live raptors for use in falconry; order; establishment of season; scope of section.
Sec. 40107b.
(1) The department shall issue an order in the manner provided in section 40107(2) establishing a season or seasons for falconers to take live raptors for use in falconry. The order shall designate the numbers of raptors that may be taken and possessed and any other conditions pertaining to the taking and possession of raptors that the department considers advisable.
(2) This section does not, and an order issued under this section shall not, designate any species of raptor as game. This section does not prohibit the department from determining that any species of raptor is a protected animal.
History:
Add. 2009, Act 36, Imd. Eff. June 4, 2009
Popular Name:
Act 451
Popular Name:
NREPA
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-2 - Chapter 2 Management of Renewable Resources (324.40101...324.53519) › 451-1994-III-2-1 - Subchapter 1 Wildlife (324.40101...324.43303) › 451-1994-III-2-1-WILDLIFE-CONSERVATION - Wildlife Conservation (324.40101...324.41403) › 451-1994-III-2-1-WILDLIFE-CONSERVATION-401 - Part 401 Wildlife Conservation (324.40101...324.40120) › Section 324.40107c - Control and Management of Double-Crested Cormorants; Administration of Program; Organization of States; Funds.

324.40107c Control and management of double-crested cormorants; administration of program; organization of states; funds.
Sec. 40107c.
(1) To reduce cormorant damage, the department shall administer a program to control and manage double-crested cormorants. The department shall administer the program in cooperation with federal agencies and in a manner that complies with the cormorant depredation order.
(2) In consultation with the department of environmental quality, the department shall participate in a federally recognized organization of states, such as the Mississippi flyway council, to coordinate a regional effort to reduce cormorant damage that includes urging the federal government to do both of the following:
(a) Expand state options for double-crested cormorant control by revising the cormorant depredation order.
(b) Seek to amend the migratory bird convention with Mexico to designate the double-crested cormorant as a game species.
(3) The department shall seek funding from the Great Lakes protection fund authorized under part 331 for deposit in the cormorant control fund created in section 40107d.
History:
Add. 2007, Act 47, Imd. Eff. Aug. 3, 2007
Popular Name:
Act 451
Popular Name:
NREPA
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-2 - Chapter 2 Management of Renewable Resources (324.40101...324.53519) › 451-1994-III-2-1 - Subchapter 1 Wildlife (324.40101...324.43303) › 451-1994-III-2-1-WILDLIFE-CONSERVATION - Wildlife Conservation (324.40101...324.41403) › 451-1994-III-2-1-WILDLIFE-CONSERVATION-401 - Part 401 Wildlife Conservation (324.40101...324.40120) › Section 324.40107d - Control and Management of Double-Crested Cormorants; Administration of Program; Organization of States; Funds.

324.40107d Control and management of double-crested cormorants; administration of program; organization of states; funds.
Sec. 40107d.
(1) The cormorant control fund is created within the state treasury.
(2) The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund.
(4) The department shall be the administrator of the fund for auditing purposes.
(5) The department shall expend money from the fund, upon appropriation, only to implement section 40107c.
History:
Add. 2007, Act 49, Imd. Eff. Aug. 3, 2007
Popular Name:
Act 451
Popular Name:
NREPA