Chapter 320

FORESTS
PREVENTION AND SUPPRESSION OF FOREST FIRES
Act 143 of 1923
320.1-320.14 Repealed. 1964, Act 256, Eff. Aug. 28, 1964;—1969, Act 329, Imd. Eff. Oct. 27, 1969.

PREVENTION AND SUPPRESSION OF FOREST FIRES
Act 329 of 1969
320.21-320.38 Repealed. 1993, Act 354, Imd. Eff. Jan. 14, 1994;—1995, Act 57, Imd. Eff. May 24, 1995.

THE SLASH DISPOSAL LAW
Act 35 of 1955
320.41-320.48 Repealed. 1995, Act 57, Imd. Eff. May 24, 1995.

CUTTINGS OF FOREST GROWTH; DISPOSAL
Act 26 of 1927
320.51-320.55 Repealed. 1955, Act 35, Eff. Oct. 14, 1955.

PREVENTION OF FOREST FIRES
Act 366 of 1976
320.61,320.62 Repealed. 1995, Act 57, Imd. Eff. May 24, 1995.

FOREST MANAGEMENT FUND
Act 268 of 1945
320.71 Repealed. 1990, Act 280, Imd. Eff. Dec. 11, 1990.

TIMBER FROM STATE LANDS; DISPOSAL
Act 178 of 1935
320.81 Repealed. 1995, Act 57, Imd. Eff. May 24, 1995.

FORESTRY RESERVE ACT
Act 175 of 1903
320.101-320.107 Repealed. 1995, Act 57, Imd. Eff. May 24, 1995.

MUNICIPAL FORESTS
Act 217 of 1931
320.201-320.210 Repealed. 1995, Act 57, Imd. Eff. May 24, 1995.

PRIVATE FORESTRY
Act 135 of 1911
320.251-320.262 Repealed. 1964, Act 256, Eff. Aug. 28, 1964.

PRIVATE FORESTRY
Act 86 of 1917
320.271-320.282 Repealed. 1995, Act 57, Imd. Eff. May 24, 1995.

COMMERCIAL FOREST ACT
Act 94 of 1925
320.301-320.314 Repealed. 1993, Act 70, Eff. Jan. 1, 1994;—1995, Act 57, Imd. Eff. May 24, 1995.

Revised Statutes of 1846
R.S. of 1846
320.392-320.396 Repealed. 1980, Act 180, Imd. Eff. July 2, 1980.

CHRISTMAS TREES, BOUGHS, PLANTS, AND OTHER TREES
Act 124 of 1933
320.401-320.407 Repealed. 1962, Act 182, Eff. Mar. 28, 1963.

CHRISTMAS TREES, BOUGHS, PLANTS, AND OTHER TREES
Act 182 of 1962
320.411-320.420 Repealed. 1995, Act 57, Imd. Eff. May 24, 1995.

STATE FOREST PRODUCTS INDUSTRY DEVELOPMENT COUNCIL
Act 150 of 1984
320.501-320.505 Repealed. 1995, Act 57, Imd. Eff. May 24, 1995.

FOREST IMPROVEMENT ACT
Act 298 of 1980
320.1101-320.1711 Repealed. 1995, Act 57, Imd. Eff. May 24, 1995.

MICHIGAN FOREST FINANCE AUTHORITY ACT
Act 280 of 1990
320.2001-320.2023 Repealed. 1995, Act 57, Imd. Eff. May 24, 1995.

RIGHT TO FOREST ACT
Act 676 of 2002
AN ACT to provide for circumstances under which certain forestry operations shall not be found to be a public or private nuisance; to provide for certain forestry management practices; to provide for certain powers and duties for certain state agencies and departments; and to provide remedies.

History: 2002, Act 676, Eff. Mar. 31, 2003

The People of the State of Michigan enact:

320.2031 Short title.

Sec. 1.

This act shall be known and may be cited as the “right to forest act”.

History: 2002, Act 676, Eff. Mar. 31, 2003
Compiler's Notes: For transfer of powers and duties of department of natural resources and environment to department of natural resources, see E.R.O. No. 2011-1, compiled at MCL 324.99921.

320.2032 Legislative findings.

Sec. 2.

The legislature finds:

(a) That forestry operations are valuable to the state's economy, provide jobs to its citizens, can be an effective wildlife management tool, are essential to the manufacture of forestry products that are used and enjoyed by the people of the state, and benefit the general welfare of the people of the state.

(b) That forestry operations are adversely affected by the random encroachment of urban and residential land uses throughout rural areas of the state.

(c) That, as a result of random encroachment, conflicts have arisen between traditional forestry land uses and urban and residential land uses.

(d) That conflicts between forestry and urban land uses threaten to permanently convert forestland to other uses, whereby the forestland resources are permanently lost to the economy and the human and physical environments of the state.

(e) That it is in the best interest of the state to ensure that forestry operations using generally accepted forestry management practices are not subject to public and private nuisance actions arising out of conflicts between the forestry operations and urban and residential land uses.

320.2033 Definitions.

Sec. 3.

As used in this act:

(a) “Commission” means the commission of natural resources.

(b) “Department” means the department of natural resources.

(c) “Forest” means a tract of land that is at least 10% stocked by trees of any size, whether of commercial or noncommercial species, or formerly having tree cover and not currently developed for nonforest use, including woodlands, woodlots, windbreaks, and shelter belts.

(d) “Forestry operations” means activities related to the harvesting, reforestation, and other management activities, including, but not limited to, thinning, pest control, fertilization, and wildlife management, that are consistent with principles of sustainable forestry.

(e) “Generally accepted forestry management practices” means those forest management practices as prescribed by the commission. In prescribing generally accepted forestry management practices, the commission shall give due consideration to available department information, written recommendations, and comments from the department and other interested persons that may include, but are not limited to, all of the following:

(i) The department of agriculture.

(ii) The Michigan state university extension.

(iii) The United States department of agriculture agencies, services, and programs.

(iv) College and university forestry programs.

(v) Professional, industry, and conservation organizations.

(f) “Landowner” means the possessor of a fee interest in land or a tenant, lessee, occupant, or other person in lawful control of land.

(g) “Sustainable forestry” means forestry practices that are designed to meet present and future wood product needs by employing a land stewardship ethic that integrates the reforestation, managing, growing, nurturing, and harvesting of trees for useful products with the conservation of soil, air and water quality, wildlife and fish habitat, and visual changes.

(h) “Timber” means live or dead trees, including, but not limited to, bark, foliage, wood, and firewood.

History: 2002, Act 676, Eff. Mar. 31, 2003
Compiler's Notes: For transfer of powers and duties of department of natural resources to department of natural resources and environment, and abolishment of department of natural resources, see E.R.O. No. 2009-31, compiled at MCL 324.99919.For transfer of powers and duties of department of natural resources and environment to department of natural resources, see E.R.O. No. 2011-1, compiled at MCL 324.99921.

320.2034 Forestry operations as public or private nuisance.

Sec. 4.

(1) Forestry operations shall not be found to be a public or private nuisance if the forestry operations alleged to be a nuisance conform to generally accepted forestry management practices. Generally accepted forestry management practices shall be reviewed annually by the commission and revised as considered necessary.

(2) Forestry operations voluntarily using sustainable forestry practices as approved by the commission shall not be found to be a public or private nuisance if the forestry operations existed before a change in the land use or occupancy of land within 1 mile of the boundaries of the forestland, and if before that change in land use or occupancy, the forestry operations would not have been a nuisance.

(3) Forestry operations that are in conformance with generally accepted forestry management practices shall not be found to be a public or private nuisance as a result of any of the following:

(a) A change in ownership or size.

(b) Cessation or interruption of forestry operations.

(d) Adoption of new forestry technology.

(4) As used in this section, a public or private nuisance includes, but is not limited to, allegations of nuisance based on any of the following:

(a) Visual changes due to the removal of vegetation or timber.

(b) Noise from forestry equipment used in normal, generally accepted forestry management practices.

(d) The use of chemicals normally utilized in forestry operations, and applied under generally accepted forestry management practices.

320.2035 Recovery of costs and attorney fees.

Sec. 5.

In any nuisance action in which forestry operations are alleged to be a nuisance, if the defendant landowner or forestry operation prevails, the landowner or forestry operation may recover from the plaintiff the actual amount of costs and expenses determined by the court to have been reasonably incurred by the landowner or forestry operation in connection with the defense of the action, together with reasonable and actual attorney fees.

320.2036 Land, farms, or farming operations subject to MCL 286.471 to 286.474.

Sec. 6.

This act does not supersede, negate, or determine any protection of land, farms, or farming operations that are subject to the Michigan right to farm act, 1981 PA 93, MCL 286.471 to 286.474.

Rendered 8/15/2025 4:18 PM
Michigan Compiled Laws Complete Through PA 5 of 2025
Courtesy of legislature.mi.gov