November 29, 2005, Introduced by Reps. Huizenga, Schuitmaker, Stahl, Robertson, Booher, Emmons, Elsenheimer, Taub and Walker and referred to the Committee on Conservation, Forestry, and Outdoor Recreation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 51101, 51103, and 51104 (MCL 324.51101,
324.51103, and 324.51104), as added by 1995 PA 57; and to repeal
acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 51101. As used in this part:
(a) "Ad valorem general property tax" means taxes levied under
the
general property tax act, Act No. 206 of the Public Acts of
1893,
being sections 211.1 to 211.157 of the Michigan Compiled Laws
1893 PA 206, MCL 211.1 to 211.157.
(b) "Commercial forest" or "commercial forestland" means
forestland that is determined to be a commercial forest under
section 51103.
(c) "Declassify" or "declassification" means the removal of
the commercial forest designation pursuant to section 51116.
(d) "Forestland" means a tract of land that may include
nonproductive land that is intermixed with productive land that is
an integral part of a managed forest and that meets all the
following:
(i) Does not have material natural resources other than those
resources suitable for forest growth or the potential for forest
growth.
(ii) Is not used for agricultural, mineral extraction except as
provided in section 51113, grazing, industrial, developed
recreational, residential, resort, commercial, or developmental
purposes.
(iii) The owner agrees to develop, maintain, and actively manage
the land as a commercial forest through planting, natural
reproduction, or other silvicultural practices.
(e) "Forest management plan" means a written plan prepared and
signed
by a registered forester or a natural resources
professional
that prescribes measures to optimize production,
utilization, and regeneration of forest resources. The forest
management plan shall include schedules and timetables for the
various silvicultural practices used on commercial forestlands,
including, but not limited to, timber harvesting and regeneration.
(f)
"Fund" means the commercial forest fund created pursuant
to
under section 51112.
(g)
"Natural resources professional" means a person who is
acknowledged
by the department as having the education, knowledge,
experience,
and skills to identify, schedule, and implement
appropriate
forest management practices needed to achieve the
purposes
of this part on land subject to or to be subject to this
part.
(g) (h)
"Owner" means a person who holds title to
the
surface estate of forestland subject to this part. However, if land
is purchased on a land contract, the owner includes the person who
holds the land contract vendee's interest and does not include the
person who holds the land contract vendor's interest.
(h) (i)
"Personal use" means use for any
noncommercial
purpose.
(i) (j)
"Registered forester" means a person
registered
under
article 21 of the occupational code,
Act No. 299 of the
Public
Acts of 1980, being sections 339.2101 to 339.2108 of the
Michigan
Compiled Laws 1980 PA 299,
MCL 339.2101 to 339.2108.
(j) (k)
"Silvicultural practices" means the
management and
manipulation of forest vegetation for the protection, growth, and
enhancement of forest products.
Sec. 51103. (1) The owner of at least 40 contiguous acres or a
survey unit consisting of 1/16 of a section of forestland located
within this state may apply to the department to have that
forestland determined to be a commercial forest under this part.
For purposes of this subsection, "contiguous" means land that
touches at any point. The existence of a public or private road, a
railroad, or a utility right-of-way that separates any part of the
land does not make the land noncontiguous.
(2) To be eligible for determination as a commercial forest,
forestland shall be capable of all of the following:
(a) Producing not less than 20 cubic feet per acre per year of
forest growth upon maturity.
(b) Producing tree species that have economic or commercial
value.
(c) Producing a commercial stand of timber within a reasonable
period of time.
(3) An application for classification as commercial forest
shall be submitted on a form prescribed by the department. The
application shall be postmarked or delivered not later than April 1
to be eligible for approval as commercial forest for the following
tax year. In addition to any information that the department may
reasonably require by rule, the applicant shall provide all of the
following to the department:
(a) A nonrefundable application fee in the amount of $1.00 per
acre
or fraction of an acre, not to exceed but not less than
$200.00 and not more than $1,000.00. The department shall remit the
application fee to the state treasurer for deposit into the fund.
(b) A legal description and the amount of acreage considered
for determination as a commercial forest.
(c) A statement certifying that a forest management plan
covering the forestland has been prepared and is in effect.
(d) A statement certifying that the owner of the forestland
owns the timber rights to the timber standing on the forestland.
(e) Documentation that the owner of the commercial forestland
will provide access to the general public for hunting and fishing
as required under section 51113(1).
(4) The department shall prepare and distribute to any person
desiring
to make application apply for classification of
forestland as commercial forest under this part a brochure that
lists and explains, in simple, nontechnical terms, all of the
following:
(a) The application, hearing, determination, declassification,
and prosecution process.
(b) The requirements of the forest management plan.
(5) If an applicant is unable to secure the services of a
registered
forester or a natural resources professional to
prepare a forest management plan, the department upon request shall
prepare the forest management plan on behalf of the owner of the
forestland and charge the owner a forest management plan fee not to
exceed the actual cost of preparing the forest management plan.
(6)
Before January 1, 1997, an owner of a commercial forest
that
was designated a commercial forest before January 1, 1994,
shall
prepare a forest management plan and file a statement with
the
department certifying that a forest management plan has been
prepared
and is in effect. If an owner of a commercial forest fails
to
comply with this subsection, the department shall declassify the
owner's
commercial forest pursuant to section 51116.
(6) (7)
After an owner certifies to the department that a
forest management plan has been prepared and is in effect, a
violation of that forest management plan is a violation of this
part.
Sec. 51104. (1) Upon receipt of the application, the forest
management plan certification, the public access documentation, the
timber rights certification, and the application fee described in
section 51103, the department shall evaluate the forestland offered
and fix
establish a date for a public hearing upon the
eligibility of the forestland for determination as a commercial
forest. The hearing shall be held in the county where the land is
located not later than November 1 following receipt of the
application. Applications offering lands in the same county may be
heard on the same day and at the same place. The department shall
publish a notice of hearing and a list of the legal descriptions of
lands being considered for determination as commercial forests in a
newspaper of general circulation in the county in which the land is
located. The notice of hearing shall be published at least 20 days
before the date of the hearing. At the time of publication, the
department shall provide a copy of the notice of hearing and a list
of descriptions of land in each township to be considered for
determination
as a commercial forest to each the
township
supervisor in whose township the lands are located. Any person who
wishes may testify as to eligibility for determination as a
commercial forest of any of the described lands. The hearing shall
be conducted by the department.
(2) After the hearing, if the department determines that the
applicant and forestland meet the requirements of this part and
determines that all valid taxes assessed against that forestland
have been paid, the department shall approve the application. Upon
approval of the application, the department shall immediately
record a listing certificate in the register of deeds office in the
county in which the land is located with the department approval
endorsed on the listing certificate and forward a copy of the
listing certificate to the applicant and to the township supervisor
of the township in which the land is located.
Enacting section 1. Section 51107 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.51107, is
repealed.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5454(request no.
02863'05 *) of the 93rd Legislature is enacted into law.