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SB-0499, As Passed Senate, May 24, 2006

SUBSTITUTE FOR

SENATE BILL NO. 499

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 73102 and 73105 (MCL 324.73102 and 324.73105),

section 73102 as amended by 1998 PA 546 and section 73105 as added

by 1995 PA 58.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 73102. (1) Except as provided in subsection (4), a person

shall not enter or remain upon the property of another person,

other than farm property or a wooded area connected to farm

property, to engage in any recreational activity or trapping on

that property without the consent of the owner or his or her lessee

or agent, if ~~either~~ any of the following circumstances ~~exists~~

exist:

(a) The property is fenced or enclosed and is maintained in

such a manner as to exclude intruders.

(b) The property is posted in a conspicuous manner against

entry ~~. The~~ by 1 of the following means:

(i) By posting signs, the minimum letter height on ~~the posting~~

~~signs~~ which shall be 1 inch. Each posting sign shall be not less

than 50 square inches, and the signs shall be spaced to enable a

person to observe not less than 1 sign at any point of entry upon

the property.

(ii) By placing identifying purple paint marks on trees or

posts around the property, using paint approved for that purpose by

the department. Each paint mark shall be a vertical line at least 8

inches long, and the bottom of the paint mark shall be between 3

feet and 5 feet above the ground. The paint marks shall be not more

than 100 feet apart and shall be placed so that they are readily

visible to persons approaching the property.

(2) Except as provided in subsection (4), a person shall not

enter or remain upon farm property or a wooded area connected to

farm property for any recreational activity or trapping without the

consent of the owner or his or her lessee or agent, whether or not

the farm property or wooded area connected to farm property is

fenced, enclosed, or posted.

(3) On fenced or posted property or farm property, a fisherman

wading or floating a navigable public stream may, without written

or oral consent, enter upon property within the clearly defined

banks of the stream or, without damaging farm products, walk a

route as closely proximate to the clearly defined bank as possible

when necessary to avoid a natural or artificial hazard or

obstruction, including, but not limited to, a dam, deep hole, or a

fence or other exercise of ownership by the riparian owner.

(4) A person other than a person possessing a firearm may,

unless previously prohibited in writing or orally by the property

owner or his or her lessee or agent, enter on foot upon the

property of another person for the sole purpose of retrieving a

hunting dog. The person shall not remain on the property beyond the

reasonable time necessary to retrieve the dog. In an action under

section 73109 or 73110, the burden of showing that the property

owner or his or her lessee or agent previously prohibited entry

under this subsection is on the plaintiff or prosecuting attorney,

respectively.

(5) Consent to enter or remain upon the property of another

person pursuant to this section may be given orally or in writing.

The consent may establish conditions for entering or remaining upon

that property. Unless prohibited in the written consent, a written

consent may be amended or revoked orally. If the owner or his or

her lessee or agent requires all persons entering or remaining upon

the property to have written consent, the presence of the person on

the property without written consent is prima facie evidence of

unlawful entry.

Sec. 73105. A person shall not post a sign or place

identifying purple paint marks on property owned by another person

or enclose the property of another person to prohibit hunting,

fishing, trapping, or other recreational activities on that

property without the written permission of the owner of that