HOUSE BILL No. 4675 April 23, 1997, Introduced by Reps. Bobier, Freeman, Llewellyn, London, Kukuk, Middleton, Jelinek, Raczkowski, LeTarte, Godchaux, DeVuyst, Scranton, Jansen, Birkholz, Jellema, Kaza, Martinez, McManus, Goschka, Ciaramitaro, Hale, McBryde, Bodem, Dobb, Fitzgerald, Gilmer, Gernaat, Cherry, Baird, Prusi, Dalman, Richner and Jaye and referred to the Committee on Forestry and Mineral Rights. A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 508. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 PART 508 2 CHAMPION TREES PROTECTION 3 SEC. 50801. AS USED IN THIS PART: 4 (A) "CANDIDATE CHAMPION TREE" MEANS ANY TREE THAT, ACCORDING 5 TO ITS CIRCUMFERENCE, MEASURED AT 4.5 FEET ABOVE THE GROUND, AND 6 ITS HEIGHT, IS RATED A SECOND OR THIRD TO ANY CHAMPION TREE SPE- 7 CIES OR GENUS AS MEASURED BY THE NATIONAL CHAMPION STANDARDS, OR 8 WHICH EXCEEDS OR IS LIKELY TO EXCEED THE STANDARDS OF A CHAMPION 9 TREE OR CANDIDATE CHAMPION TREE DURING ITS LIFE SPAN. 02747'97 JCB 2 1 (B) "CHAMPION TREE" MEANS ANY TREE WITHIN A SPECIES OR GENUS 2 THAT HAS BEEN OR IS LISTED ON A RECOGNIZED LIST OF NATIONAL OR 3 STATE CHAMPION TREES, AND INCLUDES CANDIDATE CHAMPION TREES. 4 (C) "CHAMPION TREE HABITAT" MEANS ANY ORGANIC AND INORGANIC 5 MATTER, PLANTS, AND ORGANISMS WITHIN A SCREEN CREATED BY THE OUT- 6 LINE OF THE OUTERMOST BRANCHES OF A CHAMPION TREE DRAWN PERPEN- 7 DICULAR TO THE SURFACE OF THE GROUND, AND ALSO INCLUDES ANY SUR- 8 FACE WATER, GROUNDWATER, OR SOILS ON WHICH IT DEPENDS OR IS 9 INFLUENCED FOR ITS HEALTH AND SURVIVAL. 10 (D) "DEPARTMENT" MEANS THE DEPARTMENT OF NATURAL RESOURCES. 11 (E) "LIST" MEANS THE LIST OF CHAMPION AND CANDIDATE CHAMPION 12 TREES DEVELOPED AND MAINTAINED UNDER SECTION 50803. 13 (F) "PERSON" MEANS ANY INDIVIDUAL, PARTNERSHIP, CORPORATION, 14 ASSOCIATION, GOVERNMENTAL ENTITY, OR OTHER LEGAL ENTITY. 15 (G) "SOIL" MEANS THE UNCONSOLIDATED MINERAL OR MATERIAL ON 16 THE IMMEDIATE SURFACE OF THE EARTH THAT SERVES AS A NATURAL 17 MEDIUM FOR GROWTH OF WOODY PLANTS, OR THE UNCONSOLIDATED MINERAL 18 OR ORGANIC MATTER ON THE SURFACE OF THE EARTH, WHICH HAS BEEN 19 SUBJECT TO AND INFLUENCED BY GENETIC AND ENVIRONMENTAL FACTORS OF 20 PARENT MATERIAL, CLIMATE, MACRO- AND MICROORGANISMS, AND TOPOGRA- 21 PHY, ALL ACTING OVER A PERIOD OF TIME AND PRODUCING A 22 PRODUCT-SOIL THAT DIFFERS FROM THE MATERIALS FROM WHICH IT IS 23 DERIVED. 24 (H) "STATE FORESTER" MEANS THE STATE FORESTER WITHIN THE 25 DEPARTMENT OR AS OTHERWISE ESTABLISHED BY LAW. 02747'97 3 1 (I) "TAKE" MEANS TO CUT DOWN, COLLECT, INJURE, HARM, OR 2 DESTROY IN ANY MANNER A CHAMPION TREE OR CANDIDATE CHAMPION 3 TREE. 4 (J) "TREE" MEANS A WOODY PERENNIAL PLANT WITH AT LEAST 1 5 MAIN DOMINANT TRUNK OR STEM WITH A HEIGHT GREATER THAN 5 METERS. 6 SEC. 50802. THE PROTECTION, MANAGEMENT, SUSTAINABILITY, AND 7 RESTORATION OF MICHIGAN'S TREES AND FORESTS ARE DECLARED TO BE OF 8 PARAMOUNT CONCERN TO THE STATE. LOCATED WITHIN THE STATE OF 9 MICHIGAN ARE OLDER MAGNIFICENT TREES THAT HAVE BEEN OR MAY BE 10 IDENTIFIED AS NATIONAL CHAMPION TREES OR STATE CHAMPION TREES 11 ACCORDING TO LISTS AND RECORDS MAINTAINED BY NATIONALLY AND STATE 12 RECOGNIZED TREE OR FORESTRY ORGANIZATIONS. THESE CHAMPION TREES 13 TOOK ROOT BEFORE AND HAVE SURVIVED THE MODERN INDUSTRIAL AGE, 14 AND, THEREFORE, MAY REPRESENT AN EXTRAORDINARILY RARE, UNIQUE, 15 AND VALUABLE BIOLOGICAL OR GENETIC HERITAGE FOR EDUCATIONAL, SCI- 16 ENTIFIC, ECOLOGICAL, AND REFORESTATION OR ORNAMENTAL PURPOSES. 17 ACCORDINGLY, IT IS HEREBY DECLARED THAT THE NATIONAL AND STATE 18 CHAMPION TREES, THEIR ROOTS, SOILS, AND HABITAT ARE DECLARED TO 19 BE IMPRESSED WITH A PUBLIC TRUST AND ARE OF PARAMOUNT CONCERN FOR 20 THE CONSERVATION AND DEVELOPMENT OF THE NATURAL RESOURCES AND 21 ENVIRONMENT OF THE STATE. 22 SEC. 50803. (1) THE DEPARTMENT SHALL DEVELOP AND MAINTAIN A 23 LIST OF CHAMPION AND CANDIDATE CHAMPION TREES THAT DESCRIBES THE 24 FAMILY, GENUS, AND SPECIES; THE MEASUREMENTS OR PARAMETERS OF WHY 25 IT IS A PROTECTED TREE UNDER THIS PART; AND THE SECTION AND TOWN 26 AND RANGE OF ITS LOCATION. ONCE A TREE IS LISTED AS A CHAMPION 27 OR CANDIDATE CHAMPION TREE, THE TREE SHALL REMAIN ON THE LIST AS 02747'97 4 1 AN "EMERITUS" CHAMPION TREE. THE EXACT LOCATION OF THE TREE 2 SHALL BE CONSIDERED CONFIDENTIAL AND NOT SUBJECT TO DISCLOSURE 3 PURSUANT TO THE FREEDOM OF INFORMATION ACT, 1976 PA 442, MCL 4 15.231 TO 15.246, EXCEPT FOR THE PURPOSES OF STUDY, INVESTIGA- 5 TION, EVALUATION, AND PROPAGATION THROUGH THE ADMINISTRATION OF 6 THIS PART. 7 (2) ANY PERSON MAY SUBMIT TO THE DEPARTMENT A PROPOSAL FOR 8 THE INCLUSION OF A CHAMPION OR CANDIDATE CHAMPION TREE ON THE 9 LIST. THE PERSON PROPOSING THE CLASSIFICATION OF A TREE AS A 10 CHAMPION OR CANDIDATE CHAMPION TREE SHALL PROVIDE TO THE DEPART- 11 MENT ALL OF THE FOLLOWING: 12 (A) THE FAMILY, GENUS, AND SPECIES OF THE TREE. 13 (B) THE MEASUREMENTS ACCORDING TO BOTH THE STATE AND 14 NATIONAL CHAMPION STANDARDS. IF A TREE MEETS OR EXCEEDS THE 15 STATE OR NATIONAL STANDARDS, IT SHALL BE PRIMA FACIE EVIDENCE OF 16 ITS CLASSIFICATION AS A CHAMPION TREE. 17 (C) ITS SOILS, HYDROLOGY, AND HABITAT. 18 (D) ITS LOCATION ACCORDING TO SECTION AND TOWN AND RANGE. 19 (E) IF ON PRIVATE PROPERTY, WRITTEN CONSENT TO THE LISTING 20 BY THE PRIVATE LANDOWNER. 21 (F) ANY OTHER BOTANICAL, BIOLOGICAL, SCIENTIFIC, AND ECOLOG- 22 ICAL EVIDENCE DEMONSTRATING A LIKELIHOOD FOR LISTING AS A CANDI- 23 DATE CHAMPION TREE. 24 (3) THE DEPARTMENT THROUGH THE STATE FORESTER SHALL GIVE 25 WRITTEN NOTICE IN ITS PUBLICATIONS, PUBLIC NOTICES, AND CALENDAR 26 OF ANY SUBMISSION FOR CLASSIFICATION AS A CHAMPION OR CANDIDATE 27 CHAMPION TREE, AND SHALL GIVE WRITTEN NOTICE TO THE COLLEGES AND 02747'97 5 1 UNIVERSITIES IN THE STATE, UNIVERSITY RESEARCH FACILITIES RELATED 2 TO AGRICULTURE OR NATURAL RESOURCES, AGRICULTURAL OR BOTANICAL 3 ORGANIZATIONS OR SOCIETIES, THE LANDOWNER ON WHOSE PROPERTY THE 4 PROPOSED CANDIDATE IS LOCATED, AND ANY OTHER PERSON WHO HAS MADE 5 REQUEST IN WRITING TO THE STATE FORESTER OR THE DEPARTMENT TO BE 6 PLACED ON A NOTICE LIST TO BE MAINTAINED BY THE STATE FORESTER 7 FOR SUCH SUBMISSIONS. 8 (4) UPON RECEIPT OF A COMPLETE SUBMISSION UNDER SUBSECTION 9 (1), THE DEPARTMENT SHALL CLASSIFY THE TREE AS A PROPOSED CHAM- 10 PION OR PROPOSED CANDIDATE CHAMPION TREE AND SHALL STUDY AND 11 EVALUATE THE SUBMISSION IN COOPERATION WITH UNIVERSITY AND COL- 12 LEGE PROFESSORS, SCIENTISTS, AND STUDENTS ENGAGED IN AGRICULTURE, 13 FORESTRY, HORTICULTURE, AND PLANT SCIENCES, REPRESENTATIVES OR 14 PROFESSIONALS ASSOCIATED WITH NONPROFIT ORGANIZATIONS OR OTHER 15 ENTITIES WHOSE PRIMARY PURPOSE IS THE PROTECTION OF TREES, FOR- 16 ESTRY, FOREST PROTECTION, MANAGEMENT OR REFORESTATION, OR ANIMAL 17 AND PLANT LIFE AND HABITAT OR COMMUNITIES. A MEMBER OF THE 18 PUBLIC SHALL HAVE AN OPPORTUNITY TO SUBMIT INFORMATION REGARDING 19 ANY SUBMISSION. THE DEPARTMENT THROUGH THE STATE FORESTER SHALL 20 STUDY IN COOPERATION WITH OTHER PROFESSIONALS OR EXPERTS AS PRO- 21 VIDED IN THIS SUBSECTION THE PROPOSED CANDIDATE CHAMPION TREE FOR 22 A PERIOD OF 1 CALENDAR YEAR, AFTER WHICH THE DEPARTMENT SHALL 23 MAKE A DECISION WITHIN 120 DAYS EITHER APPROVING OR DENYING THE 24 PROPOSED ADDITION TO THE LIST. IF A DECISION IS NOT MADE WITHIN 25 THIS 120-DAY PERIOD, THEN THE PROPOSED CANDIDATE SHALL BE CONSID- 26 ERED ADDED TO THE LIST. THE DEPARTMENT SHALL CONDUCT MEETINGS 02747'97 6 1 WITH INTERESTED PERSONS AS DESCRIBED IN THIS SUBSECTION AND GIVE 2 WRITTEN NOTICE OF SUCH MEETINGS AS PROVIDED IN SUBSECTION (3). 3 (5) DURING ANY STUDY, EVALUATION, OR DECISION PERIOD FOR A 4 PROPOSED CANDIDATE OR CHAMPION TREE, THE PROPOSED CANDIDATE OR 5 CHAMPION SHALL BE PROTECTED AS IF IT WERE A CANDIDATE OR CHAMPION 6 TREE UNDER THE PROVISIONS OF THIS PART. 7 SEC. 50804. (1) A CHAMPION TREE OR CANDIDATE CHAMPION TREE 8 ON THE LIST IS A RARE, UNIQUE, AND SIGNIFICANT STATEWIDE NATURAL 9 RESOURCE, AND SHALL NOT BE TAKEN EXCEPT AS AUTHORIZED BY THIS 10 PART. 11 (2) A PERSON SHALL NOT TAKE ANY CHAMPION OR CANDIDATE CHAM- 12 PION TREE ON THE LIST UNLESS EITHER OF THE FOLLOWING CONDITIONS 13 IS MET: 14 (A) THE ACTION IS NECESSARY TO PREVENT IMMEDIATE THREAT TO 15 HEALTH OR LIFE OR INJURY TO PROPERTY. 16 (B) A PERMIT HAS BEEN ISSUED UNDER THIS PART. 17 (3) THE DEPARTMENT, UPON APPLICATION, SHALL GRANT A PERMIT 18 TO TAKE A CHAMPION TREE OR A CANDIDATE CHAMPION TREE ON THE LIST 19 IF EITHER OR BOTH OF THE FOLLOWING CONDITIONS ARE MET: 20 (A) THERE IS NO FEASIBLE AND PRUDENT ALTERNATIVE TO THE PRO- 21 POSED TAKE IN ORDER TO PROTECT THE HEALTH AND SAFETY OF PERSONS 22 AND PROPERTY, AND PROPER VIABLE CUTTINGS HAVE BEEN OBTAINED OR 23 CONTRACTUALLY ARRANGED FOR TO ACHIEVE SUCCESSFUL PROPAGATION AT A 24 QUALIFIED TREE NURSERY, UNIVERSITY RESEARCH FACILITY, OR LIVING 25 LIBRARY ON AN APPROVED LIST ESTABLISHED BY THE STATE FORESTER. 26 (B) IT IS SHOWN THAT THE TREE IS DISEASED AND DYING, WITH 27 CLEAR SCIENTIFIC EVIDENCE THAT THE TREE WILL NOT SURVIVE MORE 02747'97 7 1 THAN 5 YEARS FROM THE DATE OF THE APPLICATION FOR THE PERMIT AND 2 PROPER VIABLE CUTTINGS HAVE BEEN OBTAINED OR SECURED IN THE SAME 3 MANNER AS PROVIDED IN SUBDIVISION (A). 4 (4) A PERSON SHALL NOT TRIM, PRUNE, OR ENGAGE IN OTHER 5 ACTION WITH RESPECT TO A CHAMPION OR CANDIDATE CHAMPION TREE ON 6 THE LIST TO PREVENT DETERIORATION OF OR MAINTAIN OR ENHANCE ITS 7 HEALTH OR VIABILITY UNLESS IT HAS BEEN SHOWN BY THE APPLICANT AND 8 DETERMINED BY THE STATE FORESTER IN CONSULTATION WITH UNIVERSITY 9 PROFESSORS, EXPERTS, AND OTHER PROFESSIONALS THAT THERE IS NO 10 LIKELY LONG-TERM INJURY TO THE SUSTAINABILITY OF THE TREE. 11 (5) A PERSON SHALL NOT TRIM, COLLECT, OR REMOVE A PORTION OF 12 A BRANCH OF A CHAMPION OR CANDIDATE CHAMPION TREE ON THE LIST FOR 13 PURPOSES OF PROPAGATION UNLESS IT IS SHOWN THAT EITHER OF THE 14 FOLLOWING EXISTS: 15 (A) IF A CHAMPION OR CANDIDATE CHAMPION TREE IS LOCATED ON 16 PRIVATE PROPERTY, WRITTEN CONSENT HAS BEEN OBTAINED FROM THE 17 OWNER OF THE LAND ON WHICH ANY PORTION OF THE TREE OR ITS HABITAT 18 IS LOCATED. 19 (B) IF A CHAMPION OR CANDIDATE CHAMPION TREE IS LOCATED ON 20 PUBLIC LAND, PROPER PERMISSION HAS BEEN OBTAINED FROM THE DEPART- 21 MENT OR OTHER GOVERNMENTAL OWNER OF LAND ON WHICH ANY PORTION OF 22 THE TREE OR ITS HABITAT IS LOCATED. 23 SEC. 50805. IT IS RECOGNIZED THAT CHAMPION OR CANDIDATE 24 CHAMPION TREES MAY BE LOCATED ON PUBLIC OR PRIVATE LANDS. 25 REGARDLESS OF THE TITLE OF THESE LANDS OR LEGAL OWNERSHIP OF A 26 CHAMPION OR CANDIDATE CHAMPION TREE, IT REMAINS IN THE OWNERSHIP 27 OF THE OWNER SUBJECT TO A DECLARED PUBLIC TRUST IN THESE TREES 02747'97 8 1 AND THEIR PROPAGATION FOR THE PURPOSES OF THIS PART. TO PROTECT 2 THE PUBLIC TRUST, A TREE MAY BE TAKEN BY THE PRIVATE LANDOWNER 3 ONLY IN COMPLIANCE WITH THIS PART. HOWEVER, THE PUBLIC TRUST 4 SHALL NOT DEPRIVE OR DENY ANY PRIVATE LANDOWNER OF HIS OR HER 5 LAWFUL USE OF ANY SUCH TREE. 6 SEC. 50806. THE DEPARTMENT MAY MANAGE OR COOPERATE IN THE 7 MANAGEMENT OF CONSERVATION, FORESTRY, AGRICULTURAL, HORTICULTURE, 8 OR PLANT SCIENCE PROPAGATION PROJECTS RELATED TO ANY CHAMPION, 9 CANDIDATE CHAMPION, OR PROPOSED CANDIDATE CHAMPION TREES AND 10 THEIR HABITAT. THE DEPARTMENT MAY CONDUCT, CONTRACT, OR ARRANGE 11 FOR RESEARCH AND INVESTIGATIONS IN THE HABITAT, HEALTH, CONDI- 12 TION, OR OTHER BIOLOGICAL OR MANAGEMENT DATA REQUIRED TO MAINTAIN 13 OR ENHANCE THE HEALTH, PROTECTION, PROPAGATION, OR REFORESTATION 14 OF ANY CHAMPION OR CANDIDATE CHAMPION TREE OR ITS ROOT STOCK. 15 SEC. 50807. THE DEPARTMENT MAY ESTABLISH PROGRAMS, INCLUD- 16 ING ACQUISITION OF TREES AND HABITAT THROUGH CONSERVATION OR NON- 17 DEVELOPMENT EASEMENTS, NURSERIES, OR LIVING LIBRARIES OF TREES 18 PROPAGATED FROM ROOT STOCK OR OTHER METHOD FROM A CHAMPION OR 19 CANDIDATE CHAMPION TREE, AS ARE CONSIDERED NECESSARY TO CARRY OUT 20 THIS PART. TO CARRY OUT THESE PROGRAMS, THE DEPARTMENT MAY ENTER 21 INTO COOPERATIVE AGREEMENTS WITH A PERSON WHO HAS APPROPRIATE 22 KNOWLEDGE OR EXPERTISE. 23 SEC. 50808. THE DEPARTMENT SHALL ESTABLISH AND PROMULGATE 24 RULES TO IMPLEMENT THIS PART. 25 SEC. 50809. A PERSON WHO OWNS AND SELLS, TRANSFERS, LEASES, 26 OR LICENSES ANY LAND ON WHICH A CHAMPION OR CANDIDATE CHAMPION 27 TREE ON THE LIST IS LOCATED SHALL GIVE NOTICE TO THE PURCHASER, 02747'97 9 1 TRANSFEREE, LESSEE, OR LICENSEE OF THE EXISTENCE AND LOCATION OF 2 THE TREE. 3 SEC. 50810. (1) A PERSON WHO VIOLATES THIS PART IS SUBJECT 4 TO A CIVIL FINE OF $2,500.00 FOR EACH OCCURRENCE. 5 (2) IN ADDITION TO OR IN LIEU OF A CIVIL FINE UNDER SUBSEC- 6 TION (1), THE CIRCUIT COURT MAY, UPON PETITION, PROVIDE DECLARA- 7 TORY, EQUITABLE, OR INJUNCTIVE RELIEF FOR A VIOLATION OR IMPEND- 8 ING VIOLATION OF THIS PART. 9 (3) A DEFAULT IN THE PAYMENT OF A CIVIL FINE OR COSTS 10 ORDERED UNDER THIS SECTION OR AN INSTALLMENT OF THE FINE OR COSTS 11 MAY BE REMEDIED BY ANY MEANS AUTHORIZED UNDER THE REVISED JUDICA- 12 TURE ACT OF 1961, 1961 PA 236, MCL 600.101 TO 600.9948. 13 (4) AN ACTION MAY BE BROUGHT UNDER THIS SECTION BY THE 14 ATTORNEY GENERAL OR ANY OTHER PERSON IN THE CIRCUIT COURT FOR THE 15 COUNTY IN WHICH THE VIOLATION OCCURRED OR IN THE CIRCUIT COURT 16 FOR INGHAM COUNTY. 17 SEC. 50811. A PERSON WHO VIOLATES THIS PART IS GUILTY OF A 18 MISDEMEANOR, PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 1 YEAR 19 OR A FINE OF NOT MORE THAN $2,500.00, OR BOTH. 02747'97 Final page. JCB