reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Commercial Fishing › SUSPENSION, SUPERSEDURE, AND EXTENSION OF STATUTORY PROVISIONS › Section R. 299.824 - Measurement of the mesh of trap nets, pound nets, and seines

Current through Vol. 24-12, July 15, 2024
Rule 4. The provisions of subsection (1) of section 5 of
					 Act No. 84 of the Public Acts of 1929, as amended, are extended by the
					 following regulations effective July 1, 1967:
(a) The measurement of the mesh of trap nets,
				  pound nets, and seines described in subsections (f), (g), (h), (i), (j) and (k)
				  of section 5 of Act No. 84 of the Public Acts of 1929, as amended, shall be
				  made with a 2-pound, 1- to 6-inch extension type gauge, constructed per
				  specifications detailed in department of conservation drawing no. 0-264.
				  Graduations of the calibrated scale of the gauge shall measure accurately to
				  within plus or minus .005 of an inch, and the weighted cylinder of the gauge
				  shall weigh 2 pounds, plus or minus 1/2 ounce. Prints of the drawing are on
				  file at the department offices in Lansing and are available upon request. The
				  gauge may be purchased from the department at cost.
(b) The mesh size of such nets shall be
				  determined by extension measure between the extreme angles of the mesh. The
				  measurement shall be made inside of the mesh knots.
(c) The meshes to be gauged shall be at least
				  3 meshes removed from the side lines, and in gauging the mesh, the gauge shall
				  be held by the suspension ring, with 1 mesh knot inserted above the upper
				  string slot of a width nearest the diameter of the twine of the mesh being
				  measured and with the opposite knot inserted below the lower identical size
				  string slot. The weighted cylinder shall be allowed to settle slowly until the
				  full 2 pounds of the cylinder is acting upon the mesh being measured for a
				  period of at least 30 seconds.
(d)
				  If the majority of 10 or more meshes selected at random by the conservation
				  officer from any part of the net do not conform to the measurements provided by
				  Act No. 84 of the Public Acts of 1929, as amended, or any valid rule adopted by
				  the conservation commission under authority of Act No. 218 of the Public Acts
				  of 1955, as amended, the net shall be deemed unlawful.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Commercial Fishing › SUSPENSION, SUPERSEDURE, AND EXTENSION OF STATUTORY PROVISIONS › Section R. 299.827 - Closed commercial fishing season in Tahquamenon bay

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) It is
				  unlawful during the period of June 1 to November 30 for any person to catch or
				  take fish of any species with net, set hook lines or other device of any kind
				  except hook and line and spear as permitted by law from that part of
				  Tahquamenon bay in Lake Superior described as follows: that area lying south
				  and west of a line beginning at the northerly projection of land in the west
				  1/2 of section 9, town 47 north, range 5 west, and extending northerly to
				  Tahquamenon island, thence northwesterly to the mouth of the Tahquamenon river
				  in section 14, town 48 north, range 6 west.
(2) The director of conservation may
				  authorize, by special permit, the use of nets, set hook lines or other devices
				  for catching or taking fish within such area at any time for the purpose of
				  fishery management.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Commercial Fishing › SUSPENSION, SUPERSEDURE, AND EXTENSION OF STATUTORY PROVISIONS › Section R. 299.846 - Pike-perch in Lake Erie; closed seasons and closure to gill nets

Current through Vol. 24-12, July 15, 2024
Rule 6. To prohibit commercial fishing for pike-perch, and
					 the setting of gill nets, during the months of April and October, the
					 provisions of subsection (1)(c) and subsection (2) of section 6 of Act No. 84
					 of the Public Acts of 1929, as amended, being S308.6 of the Michigan Compiled
					 Laws, having reference to pike-perch taken from Lake Erie are suspended and
					 superseded by the following rule:
On and after February 15, 1970, pike-perch (yellow
					 pickerel) shall not be taken from Lake Erie, and no gill nets shall be used in
					 Lake Erie, during the months of April and October.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Importation and Transportation of Fish and Eggs › Section R. 299.1051 - Importation, transportation, and sale of live fishes or viable eggs of the salmonidae family

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) No
				person shall import live fishes or viable eggs of the family of the salmonidae
				from without the state or transport or sell such fishes or viable eggs within
				the state, except under authority of a permit issued by the director of the
				department of natural resources, hereinafter referred to as the
				director.
(2) Applications for
				permits to import or transport live fishes or viable eggs of the family
				salmonidae shall be made on forms provided by the director and shall contain
				the following data and such other information as may be required for the
				purpose of controlling the spread of diseases of fishes, including, but not
				limited to, infectious pancreatic necrosis (IPN); viral hemorrhagic septicemia
				(egtved virus); and myxosoma cerebralis (whirling disease):
(a) species,
(b) name and address of shipper,
(c) name of carrier,
(d) type of transportation,
(e) name and address of hatchery where fishes
				or eggs were produced,
(f) name of
				broker through whom shipment is made, if any, and
(g) the approximate number or weight of
				fishes or eggs to be imported or transported.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Importation and Transportation of Fish and Eggs › Section R. 299.1052 - Importation of other species

Current through Vol. 24-12, July 15, 2024
Rule 2. No fish or eggs of the species misgurnus
				  anguillicaudatus (Japanese weatherfish), ctenopharyngodon idellus (grass carp),
				  leuciscus idus (ide), scardinius erythrophthalamus (rudd), rhodeus sericeus
				  (bitterling) or tinca tinca (tench) shall be imported into Michigan except by
				  permit issued by the director.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Marketing of Imported Commercial and Game Fish › Section R. 299.1061 - Documents and records of wholesalers and retailers

Current through Vol. 24-12, July 15, 2024
Rule 1. Imported commercial fish species and game fish, not
				  processed outside the state and sold to the consumer in the same package as
				  imported, when of a size, weight, or species not prohibited by the laws of the
				  state or country where caught, may be possessed, transported, offered for sale
				  and marketed as follows:
(a) A
				wholesale fish dealer who, directly or indirectly, imports the fish shall (i)
				retain for 30 days following importation a commercial invoice or bill of sale
				or, if imported from Canada, the customs entry or customs broker's statement,
				to include species of fish and formal entry number; (ii) keep a record
				including quantity and species of fish and name and address of every retailer
				to whom he sells or ships such fish; and (iii) make the invoices, customs
				documents, and records available for inspection by any conservation officer at
				any reasonable time.
(b) A retail
				fish dealer shall retain, until the fish are disposed of by sale or otherwise,
				a bill of sale or invoice, indicating quantity and species of fish and name and
				address of consignor for inspection by any conservation officer at any
				reasonable time.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Commercial Fishing › Section R. 299.1071 - Commercial fishing license; application; eligibility of applicant

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) An
				application for a commercial fishing license shall be made not less than 30
				days before fishing operations are expected to commence.
(2) To be eligible for a license, an
				applicant shall have been issued a Michigan commercial fishing license for the
				immediately preceding year.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Commercial Fishing › Section R. 299.1072 - Areas closed to commercial fishing

Current through Vol. 24-12, July 15, 2024
Rule 2. Except as provided in a license issued by the
				  director or in a research permit issued by a representative of the director, it
				  is unlawful to use gill nets, trap nets, pound nets, seines, and set hooks in
				  the following described waters:
LAKE SUPERIOR
(a) Waters of depths less than 60 fathoms
				between the mouth of the Montreal river in seciton 10, T48N, R49W, Gogebic
				county, and the mouth of the Elm river in section 30, T54N, R36W, Houghton
				county.
(b) Waters south of a line
				from Traverse point in section 22, T55N, R3
				1W, Houghton
				county, to Big Bay point in section 1, T51N, R 27W, Marquette county.
(c) Waters within 4
				1/2 miles of the
				shoreline of Isle Royale and surrounding islands.
(d) Waters of depths less than 60 fathoms
				between Au Sable point in section 2, T50N, R15W, Alger county, and Crisp point
				in section 1, T50N, R8W, Luce county, extending to the international
				boundary.
LAKE MICHIGAN
(e) Waters south and east of a line from
				Grand Traverse light station in section 6, T32N, R10W, Leelanau county, to
				village of Good Hart in section 25, T37N, R6W, Emmet county.
LAKE HURON
(f) Waters southwest of a line from Hammond
				Bay harbor light in section 25, T37N, R2E, to Forty Mile point light station in
				section 23, T3 6N, R4E, Presque Isle county.
(g) Waters west of a line from North point in
				section 6, T30N, R10E, to South point in section 26, T29N, R9E, Alpena
				county.
(h) Waters west of a line
				from Tawas point in section 34, T22N, R8E, Iosco county, to point Lookout in
				section 13, T19N, R7E, Arenac county.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Commercial Fishing › Section R. 299.1073 - Waters closed to the use of gill nets

Current through Vol. 24-12, July 15, 2024
Rule 3. It is unlawful to use gill nets in the Les Cheneaux
				  channels and certain waters of upper Lake Huron as provided in section 38 and
				  38a of Act No. 84 of the Public Acts of 1929, as amended.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Commercial Fishing › Section R. 299.1075 - Closed seasons; disposition of fish taken during closed seasons; minimum perch size limit; violation

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1)
				Sturgeon, pike-perch (yellow pickerel), blue pike, sauger, northern pike,
				splake, coho salmon, chinook salmon, and Atlantic salmon, when caught live in
				trap nets, pound nets, and gill nets, shall be returned to the waters
				immediately. Dead fish of the species named in this subrule, when caught in
				trap nets, pound nets, and gill nets, shall be dressed, iced, and disposed of
				in accordance with written disposal instructions issued by a conservation
				officer and a locked metal seal shall be affixed to each fish before arrival at
				dock or landing point.
(2) Lake
				trout and lake herring, when caught in gill nets authorized in Lake Superior,
				may be sold if a metal seal is affixed to each lake trout pursuant to subrule
				(1). Lake trout and lake herring, when caught live in trap nets, pound nets,
				and gill nets in Lakes Michigan and Huron, shall be returned to the water
				immediately, and a metal seal shall be affixed to dead lake trout and the trout
				disposed of pursuant to subrule (1).
(3) Chubs and lake herring may be taken only
				in Lake Superior.
(4) Perch, a
				minimum of 8 inches total length or 5 inches with heads and tails off, crappie,
				and rock bass may be taken only in those waters of Lake Huron described in
				R 299.1074(1)(f)
				and
				R 299.1074(1)(g) or
				as provided in a license issued by the director or in a research permit issued
				by the director's representative.
(5) The size limit on perch shall remain in
				effect for a period of 3 years after the date these rules become
				effective.
(6) A licensee may be
				permitted to retain as part of his catch up to 5% of the total landed weight of
				perch which are less than the minimum size limit specified in this
				rule.
(7) If a licensee is found
				with between 5% and 15% undersized perch, by weight, in his possession, the
				first violation shall result in a warning and subsequent violations may result
				in a proceeding to suspend or revoke his license.
(8) If a licensee is found with 15% or more
				undersized perch, by weight, in his possession, this may result in a proceeding
				to suspend or revoke his license.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Commercial Fishing › Section R. 299.1076 - Amount of fish to be taken

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) The
				director may fix the kind and amount of fish, herein referred to as quotas,
				which may be taken from Lakes Superior, Michigan, Huron, and Erie.
(2) The director shall give licensees 30 days
				advance notice in writing of the quotas which may be taken from Lakes Superior,
				Michigan, Huron, and Erie. Quotas may be set by area or specified in a license
				or research permit.
(3) A licensee
				shall report each day's catch, by kind and amount of fish specified in the
				quotas, on forms provided by the director. When required, the form shall be
				mailed to the director or his representative not later than 24 hours after each
				day's catch is taken.
(4) When the
				quotas fixed by the director have been caught and licensees so notified in
				writing, licensees shall not attempt to take any additional quantities of the
				kind of fish fixed in the quotas.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Commercial Fishing › Section R. 299.1077 - Areas licensees permitted to fish; limitations on gear

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) A
				licensee may fish only within a radius of 50 miles of the port specified in the
				license and all fish shall be landed at that port.
(2) A licensee shall conduct his commercial
				fishing operation only with the kind and amount of gear specified in his
				license or research permit.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Commercial Fishing › Section R. 299.1078 - Replacement of gill nets with trap and pound nets

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1) Persons
				whose gill net fishing operations are prohibited or restricted by these rules
				and who intend to continue to fish commercially in the waters of this state may
				replace their gill nets with trap or pound nets. Any person who intends to
				replace his gill nets with trap or pound nets may continue to use his gill nets
				where otherwise prohibited by these rules only during 1974 by filing an
				appropriate application for replacement within the prescribed time designated
				by the director. Persons licensed to use gill nets in combination with trap or
				pound nets when these rules become effective may continue to use gill nets only
				during 1974 where otherwise prohibited by these rules. A person authorized to
				use gill nets only during 1974 where otherwise prohibited by these rules shall
				use gill nets only under the provisions of a permit or license issued by the
				director, the provisions of which shall be substantially the same as those
				contained in the person's 1974 commercial fishing license. This subrule does
				not apply to those persons presently licensed to use trap or pound nets only or
				gear other than gill nets.
(2) To
				be eligible to replace gill nets with trap or pound nets, a person shall:
(a) Have held a commercial fishing license in
				1971, 1972, and 1973 to use gill nets in the waters of this state.
(b) File an application in accordance with
				instructions on a form provided by the director within 15 days after the
				effective date of these rules.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Commercial Fishing › Section R. 299.1079 - Recission

Current through Vol. 24-12, July 15, 2024
Rule 9. The following rules are rescinded:
(a) The rules entitled "Closed Seasons for
				Taking Whitefish, Yellow Perch, and Black Crappie," being R 299.741 and R
				299.743 of the Michigan Administrative Code, and appearing on page 1444 of the
				1960 Annual Supplement to the Code.
(b) The rule entitled "Illegal Possession and
				Disposition of Lake Trout and Splake in Lake Superior," being R 299.772 of the
				Michigan Administrative Code, and appearing on page 4163 of the 1967 Annual
				Supplement to the Code.
(c) The
				rule entitled "Illegal Possession and Disposition of Lake Trout and Splake in
				Lake Superior," being R 299.792 of the Michigan Administrative Code, and
				appearing on page 4163 of the 1967 Annual Supplement to the Code.
(d) The rule entitled "Nets: Use, Meshes,"
				being R 299.802 of the Michigan Administrative Code, and appearing on page 3154
				of the 1964-65 Annual Supplement to the Code.
(e) The rule entitled "Coho and Chinook
				Salmon," being R 299.814 of the Michigan Administrative Code, and appearing on
				page 4164 of the 1967 Annual Supplement to the Code.
(f) The rule entitled "Northern Pike," being
				R 299.818 of the Michigan Administrative Code, and appearing on page 3639 of
				the 1966 Annual Supplement to the Code.
(g) The rule entitled "Suspension of
				Statutory Provisions," being R 299.831 of the Michigan Administrative Code, and
				appearing on page 4165 of the 1967 Annual Supplement to the Code.
(h) The rules relating to gill nets, being R
				299.841 to R 299.845 of the Michigan Administrative Code, and appearing on
				pages 4685 and 4686 of the 1968 Annual Supplement to the Code and page 5045 of
				the 1969 Annual Supplement to the Code.
(i) The rules entitled "Commercial Fishing
				Licenses and Zones," being R 299.881 to R 299.890 of the Michigan
				Administrative Code, and appearing on pages 10 to 14 of the Supplement No. 76
				to the Code.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › State Aid for Snowmobile Safety Programs › Section R. 257.1501 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) "Act"
				means Act No. 74 of the Public Acts of 1968, as amended, being SS257.1501 to
				257.1517a of the Michigan Compiled Laws.
(2) "Authorized expenditures" means those
				expenditures incurred and determined by the director to be reasonable and
				necessary for the conduct of a snowmobile enforcement and safety training
				program.
(3) "Authorized
				expenditures actually incurred" means the expenditures of funds actually made
				during the past calendar year for the conduct of the snowmobile enforcement and
				safety education training program.
(4) "Department" means the department of
				natural resources.
(5) "Director"
				means the director of the department of natural resources.
(6) "Estimate of authorized expenditures"
				means the estimate of funds to be expended for the conduct of the snowmobile
				enforcement and safety education program for the following calendar year as
				approved by the county board of commissioners.
(7) "General supervisory duties" means having
				jurisdiction over more than snowmobile and marine activities.
(8) "Proration of funds" means equitable
				appropriations to counties if funds are insufficient to pay the full amount to
				which counties are entitled.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › State Aid for Snowmobile Safety Programs › Section R. 257.1502 - Requests for state aid

Current through Vol. 24-12, July 15, 2024
Rule 2. The board of commissioners of any county requesting
				  state aid for the conduct of a snowmobile safety and enforcement program shall
				  submit to the department by November 1 of each year an estimate of authorized
				  expenditures for the following calendar year on forms furnished by the
				  department. The estimate of authorized expenditures shall consist of a complete
				  statement on the type and extent of snowmobile safety and enforcement program
				  to be conducted including equipment required, and a certification that the
				  board of commissioners has appropriated the funds indicated on the estimate of
				  authorized expenditures. Submission of an estimate of authorized expenditures
				  by a county is an agreement by the county to comply with these
				  rules.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › State Aid for Snowmobile Safety Programs › Section R. 257.1504 - Snowmobile safety and enforcement functions

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1)
				Equipment, purchased with state matching funds or included in a claim for which
				reimbursement has been made in accordance with the act and these rules, shall
				be used exclusively in the conduct of the snowmobile safety and enforcement
				program.
(2) Snowmobile laws and
				rules applicable to the jurisdiction of the county shall be enforced.
(3) Court dispositions shall be submitted
				periodically on forms prescribed by the department.
(4) Snowmobile accidents occurring within the
				county's jurisdiction shall be investigated and reports submitted as required
				by statute.
(5) Equipment purchased
				or leased under the state aid program shall be made available to the director
				or his authorized representative for the purpose of inspection, investigation,
				or other official duties.
(6)
				Snowmobiles and snowmobile trailers may be procured through centralized
				purchasing by the state department of administration for the department and for
				counties requesting snowmobiles and trailers in their annual budget
				request.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › State Aid for Snowmobile Safety Programs › Section R. 257.1505 - Personnel; wages and salaries

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1)
				Personnel assigned to snowmobile safety and enforcement duties shall meet the
				age, mental and physical requirements prescribed for other full-time employees
				of the county sheriff's department.
(2) Daily time report records shall be
				maintained for each employee assigned to snowmobile safety training and
				enforcement duties. Reimbursement to the county shall be made for hours
				actually worked in the snowmobile safety and enforcement program and documented
				by daily time records.
(3) Hourly
				pay rates for personnel assigned to snowmobile safety and enforcement duties
				shall not exceed the hourly pay rates of other personnel assigned to similar
				duties within the county sheriff's department.
(4) Personnel assigned to snowmobile safety
				and enforcement duties shall not be paid overtime or premium pay unless such
				personnel have worked in excess of 40 hours on snowmobile safety and
				enforcement duties in a scheduled work week. Overtime pay may be paid for hours
				in excess of 40 hours if approved by the county sheriff or immediate
				supervisor.
(5) Personnel providing
				snowmobile safety training shall not require students to purchase additional
				training materials, certificates or safety brassards.
(6) The power and authority of personnel who
				have not completed the required hours of training pursuant to Act No. 203 of
				the Public Acts of 1965, as amended, being SS28.601 to 28.616 of the Michigan
				Compiled Laws shall be restricted to enforcement of the act.
(7) An employee of the county sheriff's
				department assigned to general supervisory duties is not eligible to receive
				payment of salaries or wages from snowmobile state aid funds.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › State Aid for Snowmobile Safety Programs › Section R. 257.1506 - Records, reports, and publicity

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) Records
				shall be kept pertaining to snowmobile violations, snowmobile related
				accidents, number of students trained, public meetings attended, daily vehicle
				mileage, daily personnel time reports and expenditures from the general fund
				under activity no. 136, sheriff-law enforcement assistance
				snowmobiles.
(2) The county
				snowmobile safety and enforcement fund shall be audited by the local audit
				division, bureau of local government services, department of treasury, during
				the course of their routine annual examination of the records of county offices
				or at such time as the department deems an audit necessary or desirable.
				Records shall be retained for a period of 1 year after the department of
				treasury has audited the account of the snowmobile safety and enforcement
				program.
(3) Public information
				provided by the department shall be distributed.
(4) Local publicity shall be disseminated
				regarding existing laws and rules and new laws and rules which may be
				established. Persons shall be provided with information regarding safe methods
				of snowmobile operation.
(5)
				Reports shall be submitted to the department as may be required by the director
				or his authorized representative.
(6) A detail of authorized expenditures
				actually incurred submitted to the department shall be certified as true and
				correct.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › State Aid for Snowmobile Safety Programs › Section R. 257.1507 - County restricted snowmobile safety and enforcement funds

Current through Vol. 24-12, July 15, 2024
Rule 7. The county treasurer or fiscal officer shall
				  establish a fund for the county appropriations for the conduct of a snowmobile
				  safety and enforcement program for the calendar year. Expenditures shall be
				  budgeted and paid from the county general fund--activity no. 136, sheriff-law
				  enforcement assistance--snowmobiles. The function is public safety,
				  104-136--expense account. Expenditures from the fund shall be made solely for
				  the personnel payroll and authorized expenditure costs of the snowmobile safety
				  and enforcement program.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › State Aid for Snowmobile Safety Programs › Section R. 257.1508 - State aid vouchers

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1)
				Expenditures not in accordance with the act or approved on the budget request
				summary, or in accordance with these rules shall not be approved and shall be
				deducted from the statement of authorized expenditures.
(2) Certification for payment shall be made
				for 75% of the final approved statement of authorized expenditures.
(3) If the amount appropriated by the
				legislature for state aid to counties is insufficient to pay the full amount to
				which counties are entitled, the department shall prorate available
				appropriations equitably among the various counties.
(4) The director or his authorized
				representative may certify for payment 75% of the approved total of a state aid
				voucher which exceeds the estimate of authorized expenditures, if funds are
				available for state aid to counties.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › State Aid for Snowmobile Safety Programs › Section R. 257.1509 - Authorized expenditures

Current through Vol. 24-12, July 15, 2024
Rule 9.
(1)
				Seventy-five percent of the personnel payroll and approved expenditures made in
				accordance with the schedule of authorized expenditures shall be reimbursable
				to the county upon submission of a state aid voucher. Prior written approval
				for an expenditure not on the schedule of authorized expenditures shall be
				obtained from the department in order to qualify for reimbursement as an
				authorized expenditure.
(2) If
				authorized equipment purchased with state aid matching funds is in need of
				replacement or reimbursement has been included in a state aid voucher, the
				trade-in value or fair market value shall not be included in the state aid
				voucher for reimbursement for the purchase of new equipment.
(3) Receipts accruing from refund gas tax
				monies or from the sale of equipment purchased with state aid funds shall be
				deposited to the credit of the county general fund, activity no. 136,
				sheriff-law enforcement assistance--snowmobiles.
(4) The cost of replacing authorized
				equipment which has been lost or destroyed, less any amount which may be
				received from insurance coverage, may be included on a state aid voucher. Prior
				written approval shall be obtained from the department for replacement of such
				equipment.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › State Aid for Snowmobile Safety Programs › Section R. 257.1510 - Withholding and denying payment of claims

Current through Vol. 24-12, July 15, 2024
Rule 10.
(1) The
				department may withhold payment of a state aid voucher claim pending
				investigation of the detailed expenditures of the claim.
(2) The department may deny all or partial
				payment of a state aid voucher claim which it deems is not in accordance with
				the schedule of authorized expenditures incurred which were not authorized in
				an approved written procedure.
(3)
				The department may deny all or partial payment of a state aid voucher claim if
				any portion of the claim contains statements which are found to be false or
				submitted with the intent to defraud.
(4) The department may deny all or partial
				payment of a state aid voucher claim for payroll funds paid to personnel not
				meeting the physical or mental standards prescribed by these rules.
(5) The department may deny all or partial
				state aid payment to any county deemed by the department as not conducting an
				adequate snowmobile safety and enforcement program. Failure to comply with any
				part of these rules is grounds for nonpayment pursuant to the state aid formula
				for reimbursement to counties.
(6)
				A county participating in the state aid snowmobile safety and enforcement
				program may request the director or his authorized representative to conduct an
				informal hearing in any determination of denying reimbursement of state aid for
				a violation of these rules.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › State Aid for Snowmobile Safety Programs › Section R. 257.1511 - Discontinuance of county participation

Current through Vol. 24-12, July 15, 2024
Rule 11. If a county discontinues participation in the state
				  aid program, the county clerk shall notify the department by November 1 of the
				  year prior to discontinuance, of the county's decision by certified resolution.
				  Upon submission of a state aid voucher for the final calendar year of county
				  participation, a deduction shall be made from the total state aid voucher of
				  the fair market value of all authorized equipment previously included in a
				  claim for which reimbursement has been made in accordance with the act and
				  these rules. If the fair market value of such authorized equipment exceeds the
				  total claim for the final calendar year of county participation, 75% of such
				  excess shall be refunded to the department by the county and deposited in the
				  state general fund.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › State Aid for Recreational and Snowmobile Trails and Permanent Snowmobile Trail Easements › Section R. 257.1521 - Definitions; A to M

Current through Vol. 24-12, July 15, 2024
Rule 1. As used in these rules:
(a) "Acquisition project" means the
				acquisition of land or rights to use land for a recreational and snowmobile
				trail or permanent easement.
(b)
				"Applicant" means a local unit of government or entity organized for
				educational and charitable purposes within the meaning of
				26 USC
				501 (c)(3) that includes promoting and
				facilitating the expansion and improvement of the existing snowmobile trail
				system in this state with permanent snowmobile trails or nonprofit incorporated
				snowmobile club or organization applying for a grant.
(c) "Approval" means the signing of a project
				agreement by the state recreational trails coordinator resulting in allocating
				a specified amount of state aid funds for a specific purpose.
(d) "Assistance" means funds made available
				by the department to an applicant in support of the grants program.
(e) "Damages" means payment for items
				destroyed or damaged by snowmobile use on lands leased through this
				program.
(f) "Development project"
				means the development of support facilities, such as toilets, shelters, and
				bridges, or the construction and signing of a recreational and snowmobile
				trail.
(g) "Groom" means 1 complete
				maintenance operation for the full length of the approved trail.
(h) "Maintenance" means grading, grooming,
				mowing, and brushing of trails; sign replacement and post replacement; plowing
				parking lots and access roads; maintenance of toilets and shelter facilities;
				and normal repair of damages and replacement of facilities.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › State Aid for Recreational and Snowmobile Trails and Permanent Snowmobile Trail Easements › Section R. 257.1522 - Definitions; P to T

Current through Vol. 24-12, July 15, 2024
Rule 2. As used in these rules:
(a) "Permanent snowmobile trail" means a
				trail constructed over land in public ownership or land under permit or
				easement that is open to the public greater than 1 snowmobile season or 4
				months.
(b) "Permanent snowmobile
				trail easement" means land purchased to allow use of private property for a
				permanent snowmobile trail that are open to the public greater than 1
				snowmobile season or 4 months.
(c)
				"Project agreement" means a contract between the applicant and the department
				setting forth the mutual obligations with regard to a portion or all of a
				project.
(d) "Project period" means
				the period of time specified in the agreement during which all work shall be
				accomplished.
(e) "Recreational and
				snowmobile trail" means a marked route on public property or on private lands
				subject to public easement or lease which is designated by the sponsor for use
				by snowmobile operators and other nonconflicting recreational trail
				users.
(f) "Region" means a
				regional administrative office of the department.
(g) "Site" means a plot or parcel of land
				under lease, easement, or use agreement for a recreational and snowmobile
				trail.
(h) "Snowmobile route" means
				a marked route designated by a town, village, city, or county for use by
				snowmobiles. A snowmobile route connects authorized trails or offers entrance
				to, or exit from, trails leading to towns, villages, or cities.
(i) "Staging area" means an undeveloped
				recreational facility designated as a parking area where snowmobiles are
				unloaded to access a trail.
(j)
				"State recreational trails coordinator" means the person designated by the
				director of the department to coordinate and supervise the state aid program
				for recreational and snowmobile trails.
(k) "Temporary recreational and snowmobile
				trail" means a trail constructed over land controlled by a short-term easement
				of 1 snowmobile season or 4 months.
(l) "Trail" means a recreational and
				snowmobile trail.
(m) "Trailhead"
				means a recreational facility designated and developed as a parking area with
				associated appurtenances that serves as the access point of a trail or
				area.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › State Aid for Recreational and Snowmobile Trails and Permanent Snowmobile Trail Easements › Section R. 257.1523 - Recreational and snowmobile trails; application procedures; grant selection process

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) An
				applicant shall apply for a grant on a form furnished by the
				department.
(2) The state
				recreational trails coordinator may establish regional committees comprised of
				appropriate trail users and department staff to assist on an annual basis in
				setting maintenance rates, trail design and grooming specifications, and in
				selecting grant recipients.
(3)
				Grant selection criteria and process shall be explained in the application form
				provided by the department.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › State Aid for Recreational and Snowmobile Trails and Permanent Snowmobile Trail Easements › Section R. 257.1523a - Permanent snowmobile trail easements; application procedures; grant selection process

Current through Vol. 24-12, July 15, 2024
Rule 3a.
(1) An
				applicant shall apply for a grant on a form furnished by the
				department.
(2) To be eligible for
				a grant, an applicant shall be a local unit of government or be organized for
				educational and charitable purposes within the meaning of
				26 USC
				501(c)(3) that includes
				promoting and facilitating the expansion and improvement of the snowmobile
				trail system in this state.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › State Aid for Recreational and Snowmobile Trails and Permanent Snowmobile Trail Easements › Section R. 257.1524 - Recreational and snowmobile trails; acquisition of lands

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) The
				department may grant funds to an applicant to purchase lands or to secure
				easements, leases, permits, or other appropriate written agreements permitting
				the use of private property for recreational and snowmobile trails, facilities,
				and areas, providing the agreements give access to the public.
(2) Condemnation shall not be used.
(3) An applicant shall certify to the
				department that such lands, easements, leases, permits, or other appropriate
				agreements have been secured on a form provided by the department.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › State Aid for Recreational and Snowmobile Trails and Permanent Snowmobile Trail Easements › Section R. 257.1524a - Permanent snowmobile trail easements; acquisition of lands

Current through Vol. 24-12, July 15, 2024
Rule 4a.
(1) The
				department shall expend money from the permanent snowmobile trail easement
				subaccount in accordance with MCL 324.82110a.
(2) Condemnation shall not be used.
(3) An applicant shall certify to the
				department that such lands and easements or other appropriate agreements have
				been secured.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › State Aid for Recreational and Snowmobile Trails and Permanent Snowmobile Trail Easements › Section R. 257.1525 - Use of department lands

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) An
				applicant may enter into an agreement with the department to use lands owned or
				leased by the department for recreational and snowmobile trails, facilities, or
				areas.
(2) An agreement shall be
				signed by the applicant's authorized official.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › State Aid for Recreational and Snowmobile Trails and Permanent Snowmobile Trail Easements › Section R. 257.1526 - Appraisals

Current through Vol. 24-12, July 15, 2024
Rule 6. An appraisal is required prior to purchase of lands
				  in fee title. An appraisal shall follow department guidelines. Guidelines may
				  be obtained from the department.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › State Aid for Recreational and Snowmobile Trails and Permanent Snowmobile Trail Easements › Section R. 257.1527 - Easements, leases, and permits; requirements

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) A
				minimum term of 4 months between December 1 and the following March 31 is the
				required duration of an easement, lease, or permit.
(2) The easement, lease, or permit shall be
				in writing.
(3) The department,
				when it deems it necessary for maintenance purposes, may provide for a longer
				term.
(4) After the department has
				approved a trail, the applicant may submit a signed certification in place of
				the leases or permits for future acquisition applications.
(5) The easement or lease shall include, at a
				minimum, all of the following rights:
(a) The
				right to post signs.
(b) The right
				of limited construction.
(c) The
				right of maintenance.
(d) The right
				of use by snowmobilers and other nonconflicting recreational trail
				users.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › State Aid for Recreational and Snowmobile Trails and Permanent Snowmobile Trail Easements › Section R. 257.1528 - Recreational and snowmobile trails; development of trails, facilities, and areas; grants; cost; uses; proceeds

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1) The
				development of trails, facilities, and areas shall be on a 100% grant basis,
				with 75% allocated at the time of approval by the department. The 25% balance
				will be allocated when the development project is completed and all applicable
				documentation required in
				R 257.1531 is submitted for
				reimbursement to the department.
(2) An applicant may receive grants to
				develop trails, facilities, and areas on public lands designated by the
				applicant, leased lands, or lands under agreement with the
				department.
(3) If proposed
				construction and improvement costs exceed an estimated $10,000 per site, that
				site shall be purchased by the applicant or shall be secured by written
				easements or leases having a term of 3 or more years.
(4) Recreational and snowmobile trail
				facilities shall be developed in accordance with MCL 324.82110, and shall not
				be converted to uses that are inconsistent with the purpose of the program,
				unless approved by the department. Such approval shall not be granted unless
				there is evidence that the other uses are essential to, and in accordance with,
				an official comprehensive plan for the area that has been developed in
				accordance with MCL 324.82106.
(5)
				Proceeds from the disposal of recreational and snowmobile trail facilities
				developed under this program shall be returned to the snowmobile trail
				subaccount.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › State Aid for Recreational and Snowmobile Trails and Permanent Snowmobile Trail Easements › Section R. 257.1528a - Permanent snowmobile trail easements; development cost; uses; proceeds

Current through Vol. 24-12, July 15, 2024
Rule 8a.
(1)
				Development of easements shall be on a 100% grant basis, with 75% allocated at
				the time of approval by the department. The 25% balance will be allocated when
				the development project is completed and all applicable documentation required
				in
				R 257.1531a is submitted for
				reimbursement to the department.
(2) An applicant may receive a grant to
				develop an easement only on private lands.
(3) Easements shall be secured under the
				authority of MCL 324.82110a, unless otherwise approved by the department. Such
				approval shall not be granted unless evidence exists of other uses essential
				to, and in accordance with, an official comprehensive plan for the area that
				has been developed in accordance with MCL 324.82106.
(4) Any proceeds from the sale of lands for
				easements purchased under this program shall be returned to the permanent
				snowmobile trail easement subaccount.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › State Aid for Recreational and Snowmobile Trails and Permanent Snowmobile Trail Easements › Section R. 257.1529 - Maintenance of trails, facilities, and areas; funding

Current through Vol. 24-12, July 15, 2024
Rule 9.
(1) A grant
				recipient shall maintain trails, facilities, and areas developed with funds
				from this program.
(2) Funds for
				maintenance of trails, facilities, and areas shall be up to 100% of cost of
				maintenance, excluding administrative costs, based on an annually prescribed
				maximum rate per mile.
(3) Only
				existing trails approved by the department shall be considered in an
				application for a grant for maintenance costs.
(4) Additional trails may be added to a grant
				application as the trails are completed. The grant recipient shall submit an
				amendment to the application for department approval prior to commencement of
				the trail.
Michigan Administrative Code › Department - Natural Resources › Forest Resource Division › State Aid for Recreational and Snowmobile Trails and Permanent Snowmobile Trail Easements › Section R. 257.1531 - Recreational and snowmobile trails; financial administration and documents

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1) Claims
				for payment of costs allowed in an approved grant shall be on a reimbursement
				basis, except for development costs.
(2) A grant recipient shall obtain department
				approval of a project agreement prior to incurring costs.
(3) The department shall use normal financial
				records of a grant recipient to determine reimbursement costs.
(4) Claims for payment shall be within the
				scope of the work, the project period, and the dollar amount of the grant as
				shown on the project agreement.
(5)
				Claims shall be submitted within 1 year of the project termination
				date.
(6) Amendment requests for
				changes in the scope of the work, the project period, or the amount of the
				grant shall be submitted in writing to the state recreational trails
				coordinator.
(7) After the
				department has approved the initial application for acquisition, development,
				and maintenance, a grant recipient may certify on subsequent applications that
				land control documents are on file for the entire trail. The certification
				shall be signed by a grant recipient's authorized official.
(8) New land control documents shall be
				submitted if there is a change in trail location or ownership.
(9) The following financial documents of an
				acquisition grant are required for reimbursement:
(a) Cancelled checks, front and
				back.
(b) Land control
				documents.
(c) Appraisals, options,
				and other detailed documents which are required for fee title
				acquisition.