reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Agriculture and Rural Development › Animal Industry Division › Animal Industry › Section R. 287.707 - Official brucellosis calfhood vaccinate

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) Only an
				accredited veterinarian may brucellosis vaccinate a calf and tattoo a calf with
				the United States registered shield.
(2) Only an approved brucella veterinary
				biological, at a dosage that is approved by the USDA and the department, shall
				be administered.
(3) Only female
				cattle that are between the ages of 4 and 8 months (120 to 269 days) may be
				brucellosis vaccinated.
(4) All
				calves officially vaccinated in accordance with the provisions of section
				42(1), (2), (3), (4), and (5) of the act shall be individually identified at
				the time of vaccination by an official vaccination ear tag placed in the right
				ear, unless some physical problem precludes use of the right ear. If the animal
				is already identified with an official ear tag before vaccination, an
				additional official ear tag is not required. A legible identification tattoo
				that is placed in the right ear of a calf may be used in place of an official
				vaccination ear tag. The calf and tattoo shall be recognized by an organized
				breed registry. The identification tattoo shall be recorded on the official
				brucellosis vaccination certificate and the calf shall be designated as a
				purebred animal.
(5) A calf that is
				officially vaccinated in accordance with the provisions of section 42(1), (2),
				(3), (4), and (5) of the act shall be tattooed with the United States
				registered shield in the right ear at the time of vaccination. The tattoo shall
				show the quarter of the year and the year in which the calf was vaccinated. The
				first quarter of the year (January, February, March) shall be designated by the
				number 1; the second quarter (April, May, June) by the number 2; the third
				quarter (July, August, September) by the number 3; and the fourth quarter
				(October, November, December) by the number4. The year shall be designated by
				the last digit of the year. The letter "V" surrounded by a United States
				registered shield shall be placed between the numbers or letters designating
				the quarter of the year and the year in which the calf was
				vaccinated.
(6) An accredited
				veterinarian who vaccinates a female calf for brucellosis shall submit the
				official brucellosis vaccination certificate to the department within 10
				working days after the vaccination is administered.
Michigan Administrative Code › Department - Agriculture and Rural Development › Animal Industry Division › Animal Industry › Section R. 287.708 - Pullorum testing of poultry for exhibition, expositions, or fairs

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1) Poultry
				that requires a negative pullorum test status for exhibition, expositions, or
				fairs, as determined by the national poultry improvement plan, shall be
				accompanied by proof of current negative pullorum test status or, upon arrival,
				be immediately tested to be pullorum negative before caging at the exhibition,
				exposition, or fair.
(2) At poultry
				exhibitions, expositions, or fairs that conduct the sale of live poultry, the
				seller is responsible for providing current pullorum test documentation before
				a purchaser removes the poultry from the exhibition, exposition, or
				fair.
(3) Any of the following may
				be used as proof of current pullorum test status:
(a) Hatchery source documents.
(b) Entire flock or bird test
				reports.
(c) USDA, APHIS, VS form
				9-2.
(d) USDA, APHIS, VS form
				9-3.
(e) The department's official
				avian test record, AI-013.
Michigan Administrative Code › Department - Agriculture and Rural Development › Animal Industry Division › Animal Industry › Section R. 287.709 - Prevention and suppression of tuberculosis in poultry

Current through Vol. 24-12, July 15, 2024
Rule 9.
(1) If
				tuberculous infected poultry, confirmed by histopathology or culture, are found
				in any flock, the entire flock may be considered as infected.
(2) An owner of tuberculous infected poultry
				shall handle and dispose of his or her flock in a manner approved by the
				director.
(3) Poultry houses,
				facilities, and premises that have housed tuberculous poultry shall be
				thoroughly cleaned and disinfected by the owner or agent, under the supervision
				of the director, immediately after disposition of the diseased flock.
(4) The director may allow for the use of a
				USDA-approved tuberculin test for the purpose of freeing the flock from
				infection.
(5) Poultry from
				infected flocks shall not be disposed of without permission from the
				director.
Michigan Administrative Code › Department - Agriculture and Rural Development › Animal Industry Division › Animal Industry › Section R. 287.711 - Public stockyards, auction sale yards, and livestock yards

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1) Cattle
				not native to this state may be sold through livestock auctions, as defined and
				licensed pursuant to the provisions of Act No. 284 of the Public Acts of 1937,
				as amended, being S287.121 et seq. of the Michigan Compiled Laws, to any
				premises in the state if the cattle meet all of the following requirements:
(a) The cattle shall be individually uniquely
				identified.
(b) The cattle shall
				have a prior entry permit.
(c) The
				cattle shall be accompanied by an official interstate health certificate or
				official interstate certificate of veterinary inspection.
(d) The cattle shall originate directly from
				a state that is declared free of bovine brucellosis for the last 6 years by the
				USDA.
(e) The cattle shall
				originate directly from a state that is declared free of bovine tuberculosis by
				the USDA.
Michigan Administrative Code › Department - Agriculture and Rural Development › Animal Industry Division › Animal Industry › Section R. 287.712 - Cattle importation lots

Current through Vol. 24-12, July 15, 2024
Rule 12.
(1) Cattle
				importation lots shall be registered with the department on an application form
				provided by the department.
(2) A
				cattle importation lot may be a designated lot, parcel, pasture, premises,
				facility, or confined area.
(3)
				Registration shall not be issued unless the importation lot has been inspected
				by the director and found to meet all of the following requirements:
(a) A cattle importation lot shall be
				constructed and operated to prohibit cattle in the importation lot from making
				contact with, or disseminating a contagious or infectious disease to, livestock
				other than cattle in the importation lot.
(b) Livestock other than cattle in the
				importation lot shall not have access to manure or other waste material from
				the cattle importation lot.
(c)
				Drainage from a cattle importation lot shall not be permitted to flow into
				areas accessible to livestock other than cattle in the importation
				lot.
(d) A cattle importation lot
				shall be maintained in a condition free from the excessive accumulation of
				manure or waste material.
Michigan Administrative Code › Department - Agriculture and Rural Development › Animal Industry Division › Animal Industry › Section R. 287.713 - Identification of swine in livestock auctions or collection points

Current through Vol. 24-12, July 15, 2024
Rule 13. All swine presented to a livestock auction or
				  collection point that is licensed pursuant to the provisions of Act No. 284 of
				  the Public Acts of 1937, as amended, being S287.121 et seq. of the Michigan
				  Compiled Laws shall be considered to have entered interstate commerce and shall
				  be identified before sorting in accordance with the provisions specified in 9
				  C.F.R. part 71 and all amendments adopted as of the effective date of these
				  rules.
Michigan Administrative Code › Department - Agriculture and Rural Development › Environmental Stewardship Division › Agricultural Labor Camps › Section R. 325.3603 - Advisory board

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) The
				director shall appoint an advisory board to advise him or her on the
				administration of the act and these rules. The board shall consist of 14
				individuals, 5 of whom shall be growers who employ migratory laborers or
				representatives of growers who employ migratory laborers and not less than 5 of
				whom shall be migratory laborers, former migratory laborers, or representatives
				of migratory laborers. Each member shall serve at the pleasure of the director,
				but shall not serve more than 4 years unless reappointed.
(2) The advisory board shall meet at the call
				of the director, except that the director shall call a meeting at the request
				of any 5 members of the board.
Michigan Administrative Code › Department - Agriculture and Rural Development › Environmental Stewardship Division › Agricultural Labor Camps › Section R. 325.3605 - Applicability of rules

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) These
				rules apply to all agricultural labor camps. A provision in these rules shall
				not take precedence over a requirement in an applicable local rule, ordinance,
				or code when such requirement is more stringent than the provision in these
				rules.
(2) The department may grant
				an exemption from an administrative rule if there is clear and convincing
				evidence that the alternative to the rule complies with the intent of the
				administrative rule from which exemption is sought.
(3) The decision of the department, including
				the qualification under which the exemption is granted, shall be entered upon
				the records of the department and a signed copy shall be sent to the camp
				operator. This exemption may remain in effect for as long as the camp operator
				continues to comply with the intent of the rule or may be
				time-limited.
(4) If a camp
				operator permits laborers to live in their own recreational vehicles at the
				camp, all of the following shall be provided:
(a) An approved water supply.
(b) Toilet facilities.
(c) Shower facilities.
(d) Electrical service.
(e) Refuse containers.
Michigan Administrative Code › Department - Agriculture and Rural Development › Environmental Stewardship Division › Agricultural Labor Camps › Section R. 325.3607 - Licenses; application; issuance

Current through Vol. 24-12, July 15, 2024
Rule 7. A separate application shall be submitted and a
				  separate license issued annually for each agricultural labor camp. If there
				  will be a new camp operator during the period for which the camp is licensed,
				  the new operator shall apply for a transfer of the license not less than 30
				  days before the proposed change of operators is effective. On receipt of an
				  application, the director shall review the application and cause any necessary
				  investigation and inspection to be made. Based on the investigation and
				  inspection, the director shall issue a full license or a temporary license or
				  shall give the applicant or his or her authorized agent a written notice of
				  denial stating the reasons for the denial.
Michigan Administrative Code › Department - Agriculture and Rural Development › Environmental Stewardship Division › Agricultural Labor Camps › Section R. 325.3609 - Camp operators' and occupants' responsibilities

Current through Vol. 24-12, July 15, 2024
Rule 9.
(1) An
				agricultural labor camp owner or camp operator or his or her agent shall
				clearly explain to camp occupants their responsibilities as to camp occupancy
				and care. The camp owner or operator or his or her agent shall inspect the camp
				area, structures, toilets, showers, and other facilities at least once a week
				and ensure that each is maintained in a clean and orderly condition and that
				broken or damaged property is repaired. The camp owner or operator shall number
				the shelters or sites.
(2) An
				employee and occupant of a camp shall use the sanitary and other facilities
				furnished for his or her convenience and shall comply with applicable camp
				regulations which may concern or affect his or her conduct. An occupant of a
				camp shall keep that part of the camp and premises which he or she occupies or
				uses in a clean and sanitary manner. An occupant of a camp shall dispose of his
				or her rubbish and garbage in a clean and sanitary manner by placing it in
				containers provided for this purpose.
Michigan Administrative Code › Department - Agriculture and Rural Development › Environmental Stewardship Division › Agricultural Labor Camps › Section R. 325.3611 - Camp area; drainage; location; health and safety hazards; recreation space; pets; farm implements

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1) An
				agricultural labor camp area shall be well drained and free from depressions in
				which water may stagnate. The camp shall be located where the disposal of
				sewage is provided in a manner which neither creates nor is likely to create a
				nuisance or a hazard to health.
(2)
				The camp shall not be subject to, or in proximity to, conditions that create
				any of the following:
(a) Offensive
				odors.
(b) Flies.
(c) Noise.
(d) Traffic.
(e) Any other health and safety
				hazards.
Michigan Administrative Code › Department - Agriculture and Rural Development › Environmental Stewardship Division › Agricultural Labor Camps › Section R. 325.3613 - Water supply

Current through Vol. 24-12, July 15, 2024
Rule 13.
(1) An
				adequate and convenient supply of water that meets the requirements of Act No.
				399 of the Public Acts of 1976, being S325.1001 et seq. of the Michigan
				Compiled Laws, shall be provided. A well shall be disinfected when the well is
				opened or after construction or repair.
(2) A cold water outlet shall be available
				within 50 feet of each shelter when water is not provided in the shelter.
				Adequate drainage facilities shall be provided for overflow and
				spillage.
(3) Use of a common
				drinking cup is prohibited.
Michigan Administrative Code › Department - Agriculture and Rural Development › Environmental Stewardship Division › Agricultural Labor Camps › Section R. 325.3615 - Shelter; construction; floors; furniture; space

Current through Vol. 24-12, July 15, 2024
Rule 15.
(1) A
				shelter shall be structurally sound, in good repair, in a sanitary condition,
				and provide protection to the occupant against the elements.
(2) The shelter shall have flooring that is
				constructed of rigid materials, smooth finished, readily cleanable, and located
				to prevent the entrance of ground and surface water. Shelter floors shall be
				reasonably level.
(3) Shelters
				constructed or put into operation after the effective date of these rules shall
				have double-wall construction and shall have an interior permanent-type
				ceiling.
(4) The following space
				shall be provided in the shelter:
(a) For
				sleeping purposes only, except as provided in subdivision (b) of this subrule,
				not less than 50 square feet of floor space per individual.
(b) For sleeping purposes in a dormitory that
				has double-deck beds only, not less than 40 square feet per
				individual.
(c) For combined
				cooking, eating, and sleeping purposes, the following space shall be provided:
(i) Not less than 60 square feet of floor
				space per individual for all shelters constructed before April 3, 1980, except
				as provided in paragraph (iii) of this subdivision.
(ii) Not less than 100 square feet of floor
				space per individual for all shelters constructed after April 3, 1980, and for
				any shelters in which renovation will include the addition of living space by
				increasing the exterior dimensions.
(iii) Ten years from the effective date of
				this rule, all shelters shall provide not less than 100 square feet of floor
				space per individual. In all cases, square footage shall be determined by using
				the outside dimensions of the shelter.
Michigan Administrative Code › Department - Agriculture and Rural Development › Environmental Stewardship Division › Agricultural Labor Camps › Section R. 325.3619 - Ventilation; lighting; electricity

Current through Vol. 24-12, July 15, 2024
Rule 19.
(1) A
				shelter shall be provided with adequate ventilation and natural lighting. The
				natural light area, as provided by exterior glazed openings, shall be not less
				than 8% of the habitable space. The openable window area shall be not less than
				45% of the window area, except where some other approved device that affords
				adequate ventilation is supplied.
(2) Outside openings that are used for
				ventilation shall be protected during the fly season with not less than 16-mesh
				screening. A screen door shall be equipped with a self-closing device. Toilet
				facilities constructed after the effective date of these rules shall be
				ventilated to the outdoors.
(3) A
				shelter shall be provided with electric service that is adequate to meet the
				requirements of the national electrical code for the load being
				served.
(4) Each room in a shelter
				and a common use room or area, such as a laundry room, central toilet, hallway,
				or stairway, shall have not less than 20 footcandles of light. Not less than 2
				wall-mounted duplex electrical outlets, with l duplex outlet per 12 lineal feet
				of wall, shall be provided in all habitable space. However, in existing
				habitable space, 2 wall-mounted duplex electrical outlets, with l duplex outlet
				per 16 lineal feet of wall, are approved until a major change is made to the
				electrical system. Bathrooms shall have at least 1 wall-mounted duplex
				electrical outlet. All bathroom and laundry area outlets shall be provided with
				ground fault circuit interrupter protection. Electrical service in a privy or
				portable toilet is not required.
(5) Adequate lighting shall be provided for
				the yard area and pathways to common use facilities.
(6) Wiring and lighting fixtures shall be
				installed and maintained in a safe condition.
(7) New electrical wiring shall comply with
				the requirements of the national electrical code and, except for incidental
				electrical wiring, shall be approved by the electrical inspection authority
				that has jurisdiction or shall be certified by a licensed electrical
				contractor.
Michigan Administrative Code › Department - Agriculture and Rural Development › Environmental Stewardship Division › Agricultural Labor Camps › Section R. 325.3621 - Heating

Current through Vol. 24-12, July 15, 2024
Rule 21.
(1) A
				shelter and a common use room or area that is used before May 31 or after
				September 1 in any year shall be provided with properly installed, operable
				heating equipment that is capable of maintaining a temperature of not less than
				65 degrees Fahrenheit.
(2) Heating
				facilities that utilize combustible fuel when in a shelter shall be installed
				and vented in compliance with the manufacturer's instructions and shall be
				approved by the mechanical inspection authority that has jurisdiction or by a
				licensed mechanical contractor, except as provided in subrule (4) of this rule.
				A portable heater, other than an electric heater, is prohibited.
(3) Heating facilities shall bear the seal of
				a recognized testing laboratory or the American gas association, except as
				provided in subrule (4) of this rule.
(4) Facilities that are in existence on the
				effective date of these rules shall comply with all of the following
				provisions:
(a) Heating facilities in a
				shelter that utilize combustible fuel shall be installed and vented to prevent
				fire hazards and a dangerous concentration of gases. A portable heater, other
				than an electric heater, is prohibited. If a solid or liquid fuel heater is
				situated on wood or other combustible flooring, a concrete slab, insulated
				metal sheet, or other fireproof material shall be provided on the floor under
				the heater.
(b) A wall or ceiling
				that is within 18 inches of a solid or liquid fuel heater or a flue shall be
				made of fireproof material. A vented metal collar shall be installed around a
				flue that passes through a wall ceiling, floor, or roof.
(c) A heating facility shall have automatic
				controls of the type that will cut off the fuel supply if the flame or ignition
				fails or is interrupted or if a predetermined safe temperature or pressure is
				exceeded.
Michigan Administrative Code › Department - Agriculture and Rural Development › Environmental Stewardship Division › Agricultural Labor Camps › Section R. 325.3623 - Cooking, eating, and refrigeration facilities

Current through Vol. 24-12, July 15, 2024
Rule 23.
(1) When a
				migratory laborer or the laborer's family is required to cook in an individual
				shelter, a room or space shall be provided for cooking and eating. The room or
				space shall be provided with all of the following:
(a) A properly installed and operating
				4-burner cook stove for each family or shelter, except that only 2 burners are
				required for a shelter with a capacity of 5 or less individuals.
(b) Within 6 years after the effective date
				of these rules, except as provided in subdivision (c) or (d) of this subrule, a
				2-compartment sink which is connected to water under pressure and which is
				properly drained is required.
(c)
				An existing single-compartment sink that is in good condition in a shelter is
				acceptable.
(d) A 2-compartment
				sink which is connected to hot and cold water under pressure and which is
				properly connected to a drain is required for all new or substantially
				remodeled shelters.
(e) Adequate
				food storage shelves with a minimum of 6 square feet of surface area and
				adequate countertop space or other space for food preparation with a minimum of
				2 1/2 square feet of surface area.
(f) Tables and chairs of standard
				construction and height or equivalent accommodations to seat each
				individual.
(g) A mechanical
				refrigerator which has proper shelving, tight-fitting doors, unbroken interior
				surfaces, and an operable door latch, which is for the storage of perishable
				foods, and which will maintain a temperature of not more than 45 degrees
				Fahrenheit.
(h) Adequate lighting
				and ventilation in the food preparation, cooking, and dining areas.
(i) Nonabsorbent, easily cleaned wall
				surfaces adjacent to a food preparation or cooking area. Walls that are within
				18 inches of, or countertops that are under, gas hot plates shall be
				fire-resistant.
(j) Properly
				maintained and clean food service facilities at the time of licensing and after
				a change of occupants of the same shelter during a season.
Michigan Administrative Code › Department - Agriculture and Rural Development › Environmental Stewardship Division › Agricultural Labor Camps › Section R. 325.3625 - Bathing, hand-washing, and laundry facilities

Current through Vol. 24-12, July 15, 2024
Rule 25.
(1) A
				bathing facility that is supplied with hot and cold or tempered water under
				pressure shall be provided. The facility shall be clean and sanitary and
				located within 200 feet of each shelter.
(2) A bathing facility shall contain at least
				1 showerhead per 10 individuals. Showerheads shall be spaced not less than 3
				feet apart, shall have not less than 9 square feet of floor area per unit, and
				shall be separated with a partition. A commercial prefabricated shower stall
				with a floor area of approximately 32 inches by 32 inches is acceptable.
				Adequate dry dressing space that affords privacy shall be provided. A shower
				floor shall be constructed of nonabsorbent, nonskid materials and shall be
				sloped to a properly constructed floor drain. Except in a single-family
				shelter, a separate shower facility shall be provided for each sex. Where more
				than 2 showers are required, the additional showers may be unisex. Common-use
				shower facilities for each sex in the same building shall be separated by a
				solid, nonabsorbent wall from the floor to the ceiling or roof and shall be
				plainly designated "Men," "Women," or "unisex." The entrance to a men's or
				women's shower area shall afford privacy.
(3) Hand-washing facilities with hot and cold
				or tempered water in a ratio of 1 unit per single-family shelter or 1 unit per
				15 individuals shall be provided.
(4) Laundry facilities shall be provided,
				except where a shelter is provided with a sink with hot and cold running water.
				Laundry facilities shall include double laundry tubs with hot and cold or
				tempered water under pressure in a ratio of 1 unit per 30
				individuals.
(5) Water heaters
				shall be capable of supplying adequate hot water during reasonable
				use.
(6) Where a laundry machine is
				utilized, an electrical outlet that has ground fault circuit interrupter
				protection shall be provided.
(7)
				Laundry waste shall be properly disposed of.
Michigan Administrative Code › Department - Agriculture and Rural Development › Environmental Stewardship Division › Agricultural Labor Camps › Section R. 325.3627 - Toilet facilities

Current through Vol. 24-12, July 15, 2024
Rule 27.
(1) A
				toilet shall be constructed, located, and maintained so as to prevent a
				nuisance or public health hazard and to afford privacy.
(2) A toilet or privy seat shall be provided
				in the ratio of at least 1 unit for each 15 individuals it serves.
(3) A urinal that is constructed of
				nonabsorbent material may be substituted for a man's toilet seat on the basis
				of not less than 24 inches of trough-type urinal for 1 toilet seat for a
				maximum of 1/3 of the required toilet seats.
(4) A separate toilet facility for each sex
				shall be provided, except in single-family shelters. Where more than 2 toilets
				are required, the additional toilets may be unisex. Toilets that serve the same
				sex shall be separated with a partition that is not less than 54 inches high
				and not less than 6 inches or more than 12 inches off the floor. Toilet
				facilities for each sex in the same building shall be separated by a solid wall
				from the floor to the ceiling or roof and shall be plainly designated "Men,"
				"Women," or "unisex."
(5) A
				common-use toilet or privy shall be in a well-lighted area and shall be
				ventilated, clean, and sanitary.
(6) A toilet facility shall be located within
				200 feet of the shelter it serves. A privy shall not be located closer than 50
				feet from a shelter or facility where food is prepared or served.
(7) A privy structure and pit shall be
				fly-tight. A privy pit shall have an adequate capacity for the required
				seats.
(8) A toilet seat shall be
				impervious and maintained in a clean condition.
(9) Portable toilets shall be pumped at least
				once per week.
Michigan Administrative Code › Department - Agriculture and Rural Development › Environmental Stewardship Division › Agricultural Labor Camps › Section R. 325.3629 - Sewage, garbage, and refuse disposal; vermin

Current through Vol. 24-12, July 15, 2024
Rule 29.
(1) Sewage
				shall be discharged into a municipal sewer system, when available, or into a
				sewage disposal system that is approved by applicable state or local
				authorities. Sewage shall not be disposed of on the ground surface.
(2) An adequate number of durable, fly-tight,
				clean containers that are in good condition shall be provided for storing
				garbage and other refuse.
(3)
				Refuse shall be collected at least once a week or more often if necessary. The
				disposal of garbage and other refuse shall be in accordance with state and
				local law.
(4) Shelters and common
				use facilities shall be free of insects, rodents, and other vermin.
Michigan Administrative Code › Department - Agriculture and Rural Development › Environmental Stewardship Division › Agricultural Labor Camps › Section R. 325.3631 - Winter occupancy

Current through Vol. 24-12, July 15, 2024
Rule 31. An individual shall not occupy, nor shall a camp
				  operator permit occupancy of, a shelter in an agricultural labor camp before
				  April 1 or after November 15 in any year, unless the shelter complies with all
				  of these rules that are not inconsistent with this rule and has all of the
				  following items:
(a) A kitchen sink
				which is in working condition and which is properly connected to hot and cold
				water and to a wastewater disposal system.
(b) A bathing facility that is supplied with
				hot and cold or tempered water.
(c)
				A flush toilet that is properly connected to a water and wastewater disposal
				system.
(d) Double floors, double
				walls or an equivalent, and interior permanent-type ceilings. Concrete slab
				floors are acceptable.
(e) A free
				air space, if provided under the floor, that is protected to prevent plumbing
				from freezing and to assist in maintaining proper room temperature.
(f) Not less than 100 square feet of floor
				space per individual.
Michigan Administrative Code › Department - Agriculture and Rural Development › Environmental Stewardship Division › Agricultural Labor Camps › Section R. 325.3699 - Rescission

Current through Vol. 24-12, July 15, 2024
Rule 99.
(1)R
				325.1501 to R 325.1515 of the Michigan Administrative Code, appearing on pages
				1805 to 1811 of the 1979 Michigan Administrative Code, are rescinded.
(2)R 325.1531 to R 325.1536 of the Michigan
				Administrative Code, appearing on pages 1811 to 1813 of the 1979 Michigan
				Administrative Code, are rescinded.
Michigan Administrative Code › Department - Agriculture and Rural Development › Environmental Stewardship Division › Farmland and Open Space Preservation › Part 1 - GENERAL PROVISIONS › Section R. 554.701 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) "Act"
				  means 1994 PA 451, MCL 324.101 to 324.90106.
(2) "Department" means the department of
				  agriculture and rural development.
(3) "Clerk" means the clerk of the local
				  governing body or the person fulfilling the duties of the clerk.
(4) "Designated open space" means those open
				  space lands as defined by section 36101(j)(i) of the act.
(5) "Gross annual income" means an average
				  computed from 2 of the 3 tax years immediately preceding the year of
				  application from the raising or harvesting of any agricultural
				  commodities.
(6) "Has been devoted
				  primarily to an agricultural use" means all land for which an application for a
				  farmland development rights agreement has been filed shall have been under
				  agricultural use, as defined in section 36101(b) of the act, for at least 1
				  year during the 36-month period immediately preceding filing the
				  application.
(7) "Local open space"
				  means those open space lands as defined by section 36101(j)(ii) of the
				  act.
(8)
"
Specialty
				  farm" means those enterprises of 15 or acres in size which meet the income
				  requirements of section 36101(h)(iii) of the act, produce agricultural,
				  horticultural or floricultural commodities or are engaged in the business of
				  breeding or husbanding animals, rendering services
,
or yielding
				  products customarily associated with agricultural operations.
(9) "State" means a major state department or
				  agency thereof in agreement with the state land use agency.
(10) "Totally and permanently disabled" means
				  the inability to engage in any substantial gainful activity by reason of any
				  medically determinable physical or mental impairment which can be expected to
				  result in death or has lasted or can be expected to last for a continuous
				  period of not less than 12 months.
Michigan Administrative Code › Department - Agriculture and Rural Development › Environmental Stewardship Division › Farmland and Open Space Preservation › Part 2 - ELIGIBLE LANDS R 554.721 Rescinded › Section R. 554.723 - Local open space development rights easement

Current through Vol. 24-12, July 15, 2024
Rule 23 If an application for a local open space
					 development rights easement is denied by the local governing body and is
					 appealed to the state land use agency, the appeal may only be considered if the
					 land covered by the application meets all of the following criteria:
(a) Is 15 acres or more in size.
(b) Does not contain any residential,
				  commercial, or industrial structures.
(c) Is not operated as a commercial
				  facility.
(d) Bears significant
				  importance to the public interest of more than local concern as a valuable land
				  resource.
Michigan Administrative Code › Department - Agriculture and Rural Development › Environmental Stewardship Division › Farmland and Open Space Preservation › Part 3 - APPLICATION FOR DEVELOPMENT RIGHTS AGREEMENT OR EASEMENT › Section R. 554.731 - Application

Current through Vol. 24-12, July 15, 2024
Rule 31.
(1) The
				  application shall be submitted to the clerk of the local governing body with
				  the jurisdictional responsibility for the property cited in the application
				  except that in those townships not having a duly adopted zoning ordinance
				  pursuant to the Michigan Zoning Enabling Act, 2006 PA 110, MCL 125.3101 to
				  125.3702, the application shall be submitted to the clerk of the governing body
				  of the county.
(2) The application
				  shall contain a map which includes the following information:
(a) All significant natural features,
				  including but not limited to swamps, bogs, marshes, lakes, ponds, rivers,
				  streams, woodlots, known mineral deposits and formations and sand
				  dunes.
(b) All physical
				  improvements including but not limited to buildings, roads,
				  feedlots
,
or any improvements under construction at the time of
				  application.
(c) All acreage under
				  active agricultural use by type of use.
Michigan Administrative Code › Department - Agriculture and Rural Development › Environmental Stewardship Division › Farmland and Open Space Preservation › Part 3 - APPLICATION FOR DEVELOPMENT RIGHTS AGREEMENT OR EASEMENT › Section R. 554.732 - Certification and review

Current through Vol. 24-12, July 15, 2024
Rule 32.
(1) The
				  clerk shall certify the date of receipt of the application if the application
				  meets the requirements of
				  R
				  554.731 and the information contained in the
				  application is accurate, to the best of the clerk's knowledge.
(2) The clerk shall provide a copy of the
				  certification to the applicant.
(3)
				  The clerk shall forward copies of the application to the reviewing agencies as
				  required under the act. Notification shall include the final date for the
				  acceptance of comments which shall be 30 days from the date of receipt of the
				  application by the clerk.
(4) The
				  clerk shall present the application at the next scheduled meeting of the local
				  governing body and shall certify the date of presentation on the
				  application.
(5) The 45-day review
				  period for the local governing body commences when the application is presented
				  to that body by the clerk.
Michigan Administrative Code › Department - Agriculture and Rural Development › Environmental Stewardship Division › Farmland and Open Space Preservation › Part 3 - APPLICATION FOR DEVELOPMENT RIGHTS AGREEMENT OR EASEMENT › Section R. 554.733 - Review

Current through Vol. 24-12, July 15, 2024
Rule 33.
(1) In
				  reviewing an application for a farmland development rights agreement or a
				  designated open space development rights easement, the local governing body
				  shall consider first the ability of the land cited in the application to meet
				  the eligibility requirements of the act, sections
				  324.36101(h) and (j)(i)(A) to
				  (C) respectively. The local governing body
				  may then take into consideration the following:
(a) The physical resource characteristics for
				  agricultural or designated open space use.
(b) Any encumbrance on the
				  property.
(c) The relationship of
				  the property to the entire farm operation if the application is for only a
				  portion of the farm operation.
(d)
				  The percentage of the land cited in the application which actually meets the
				  definition for farmland or designated open space.
(e) Any other criteria which the local
				  governing body can demonstrate as being relevant to the application.
Michigan Administrative Code › Department - Agriculture and Rural Development › Environmental Stewardship Division › Farmland and Open Space Preservation › Part 3 - APPLICATION FOR DEVELOPMENT RIGHTS AGREEMENT OR EASEMENT › Section R. 554.734 - Approval or rejection

Current through Vol. 24-12, July 15, 2024
Rule 34.
(1)
				  Approval or rejection of an application shall be by vote of the local governing
				  body.
(2) The vote may be taken at
				  either a regularly scheduled meeting of the local governing body or a special
				  meeting called for the purpose of acting on the application. In each case the
				  applicant shall be notified in writing by the clerk at least 5 days before the
				  meeting of the time and place of the meeting.
(3) The clerk shall certify the results and
				  date of the vote on the application.
(4) Within 10 days of the date the vote was
				  taken, the clerk shall notify the applicant of the local governing body's
				  decision. If rejected, the local governing body shall provide the applicant
				  with a written statement citing the reasons for rejection.
(5) A locally approved application for a
				  farmland development rights agreement or for a designated open space
				  development rights easement, together with supporting materials, shall be
				  forwarded to the state land use agency within 10 days of the date of approval
				  by the local governing body.
(6) A
				  copy of a locally approved application for a local open space development
				  rights easement, together with copies of the supporting materials, shall be
				  forwarded to the state land use agency for informational purposes within 30
				  days of the date of approval by the local governing body.
(7) The 60-day review period as provided in
				  sections 36104 and 36106 of the act begins with receipt of the application or
				  appeal request by the state land use agency.
(8) The applicant shall be notified within 15
				  days of the date of approval or rejection by the state land use agency. If
				  rejected, the state land use agency shall provide the applicant with a written
				  statement citing the reasons for rejection.
(9) All open space development rights
				  easement applications approved by the state land use agency shall be submitted
				  to the legislature under the provisions of section 36105(3) of the
				  act.
(10) Upon approval of a
				  farmland development rights agreement by the state land use agency or
				  designated open space development rights easement by the legislature, the
				  applicant shall have 30 days from date of receipt of the agreement or easement
				  to execute the agreement or easement unless an extension is granted in writing
				  by the state land use agency.
(11)
				  Upon approval of a local open space development rights easement by the local
				  governing body, the applicant shall have 90 days from the date of receipt of
				  the local open space development rights easement to execute the easement unless
				  an extension is granted in writing by the local governing body.
Michigan Administrative Code › Department - Agriculture and Rural Development › Environmental Stewardship Division › Farmland and Open Space Preservation › Part 3 - APPLICATION FOR DEVELOPMENT RIGHTS AGREEMENT OR EASEMENT › Section R. 554.735 - Appeals

Current through Vol. 24-12, July 15, 2024
Rule 35.
(1) The
				  applicant has 30 days from the date of notification by the clerk within which
				  to initiate an appeal of a rejection by the local governing body.
(2) The applicant's appeal request shall be
				  by certified letter to the state land use agency with the application as
				  presented to the local governing body, a copy of the reasons for rejection and
				  all other materials as required under
				  R
				  554.731.
(3) An applicant has 30 days to appeal a
				  rejection by the state land use agency. An appeal of a rejection by the state
				  land use agency shall be by certified letter to the director of the
				  department.
Michigan Administrative Code › Department - Agriculture and Rural Development › Environmental Stewardship Division › Farmland and Open Space Preservation › Part 3 - APPLICATION FOR DEVELOPMENT RIGHTS AGREEMENT OR EASEMENT › Section R. 554.736 - Reapplication

Current through Vol. 24-12, July 15, 2024
Rule 36. The 1-year waiting period for reapplication as
					 provided in sections 36104 and 36106 of the act shall be from the date of
					 notification of the last rejection permitted under the act, or if the applicant
					 chooses not to appeal, from the date of expiration of the appeal
					 period.
Michigan Administrative Code › Department - Agriculture and Rural Development › Environmental Stewardship Division › Farmland and Open Space Preservation › Part 3 - APPLICATION FOR DEVELOPMENT RIGHTS AGREEMENT OR EASEMENT › Section R. 554.737 - Assessments

Current through Vol. 24-12, July 15, 2024
Rule 37.
(1) A
				  copy of the state tax commission appraisal under sections 36105 and 36106 of
				  the act shall be transmitted to the local assessor for the basis of the first
				  assessment for the land covered by a farmland development rights agreement or
				  an open space development rights easement. Subsequent assessments shall be
				  reviewed annually by the local assessor in the same manner as other real
				  property assessments. A copy of the termination appraisal by the state tax
				  commission shall be transmitted to the local assessor.
(2) Subsequent to the execution of a farmland
				  development rights agreement, the local assessing officer shall specify the
				  state equalized valuation and the ad valorem taxes levied on the description
				  and shall forward such information to the state land use agency by February 15
				  of each year until the agreement is terminated.
(3) Subsequent to the approval of a local
				  open space development rights easement application by the legislature and
				  execution of the easement by the applicant, the local assessing officer shall
				  specify the state equalized valuation of the description exclusive of open
				  space development rights, the state equalized valuation of the open space
				  development rights and the ad valorem taxes not paid on the open space
				  development rights and shall forward such information to the state land use
				  agency by February 15 of each year until the easement is terminated.
Michigan Administrative Code › Department - Agriculture and Rural Development › Environmental Stewardship Division › Farmland and Open Space Preservation › Part 4 - TERMINATION OF A DEVELOPMENT RIGHTS AGREEMENT OR EASEMENT › Section R. 554.741 - Application

Current through Vol. 24-12, July 15, 2024
Rule 41.
(1) The
				  application shall be made on forms prescribed by the department and shall
				  contain all requested information.
(2) The application shall be submitted to the
				  clerk of the local governing body with the jurisdictional responsibility for
				  the property cited in the application except that in those cases of townships
				  not having a duly adopted zoning ordinance pursuant to the Michigan Zoning
				  Enabling Act, 2006 PA 110, MCL 125.3101 to 125.3702, the application shall be
				  submitted to the clerk of the governing body of the county.
(3) The application shall contain a map which
				  includes all significant changes to the natural features of the land cited in
				  the original application.
(4) A
				  land owner or his heirs qualifying under section 11(2) of the act, death or
				  total and permanent disability, at his option, may request termination of a
				  development rights agreement or easement. The request shall be made to the
				  holder of the development rights by certified mail stating the reasons for
				  termination request and shall include a doctor's statement of health or a copy
				  of the death certificate.
Michigan Administrative Code › Department - Agriculture and Rural Development › Environmental Stewardship Division › Farmland and Open Space Preservation › Part 4 - TERMINATION OF A DEVELOPMENT RIGHTS AGREEMENT OR EASEMENT › Section R. 554.742 - Certification and review

Current through Vol. 24-12, July 15, 2024
Rule 4242.
(1) The
				  clerk shall certify the date of receipt of the application if the application
				  meets the requirements of
				  R
				  554.741 and the information contained in the
				  application is accurate to the best of the clerk's knowledge.
(2) The clerk shall provide a copy of the
				  certification to the applicant.
(3)
				  The clerk shall forward copies of the application to the reviewing agencies as
				  required under section 36104 of the act for farmland and designated open space
				  and section 36106 of the act for local open space. Notification shall include
				  the final date for the acceptance of comments, 30 days from the date of receipt
				  of the application by the clerk.
(4) The clerk shall present the application
				  at the next scheduled meeting of the local governing body and shall on the
				  application certify the date of presentation.
(5) The 45-day review period for the local
				  governing body shall commence when the application is presented to that body by
				  the clerk.
Michigan Administrative Code › Department - Agriculture and Rural Development › Environmental Stewardship Division › Farmland and Open Space Preservation › Part 4 - TERMINATION OF A DEVELOPMENT RIGHTS AGREEMENT OR EASEMENT › Section R. 554.743 - Review

Current through Vol. 24-12, July 15, 2024
Rule 43.
(1) In
				  reviewing a termination application for a farmland development rights agreement
				  or a designated open space development rights easement, the local governing
				  body or the state land use agency shall consider the following:
(a) That the agreement or easement imposes
				  continuing economic inviability causing hardships through the prevention of
				  necessary improvements to the land. Economic inviability consists of continued
				  uneconomic operation because of the restrictions in the agreement or easement
				  and not merely the existence of uses of the land that allow higher
				  returns.
(b) Other factors set
				  forth in section 36111(1)(a) of the act.