December 2, 2008, Introduced by Senators BARCIA and BROWN and referred to the Committee on Finance.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 36101 (MCL 324.36101), as amended by 2000 PA
262.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 36101. As used in this part:
(a) "Agricultural conservation easement" means a conveyance,
by a written instrument, in which, subject to permitted uses, the
owner relinquishes to the public in perpetuity his or her
development rights and makes a covenant running with the land not
to undertake development.
(b) "Agricultural use" means the production of plants and
animals useful to humans, including forages and sod crops; grains,
feed crops, and field crops; dairy and dairy products; poultry and
poultry products; livestock, including breeding and grazing of
cattle, swine, captive cervidae, and similar animals; berries;
herbs; flowers; seeds; grasses; nursery stock; fruits; vegetables;
Christmas trees; and other similar uses and activities.
Agricultural use includes use in a federal acreage set-aside
program or a federal conservation reserve program. Agricultural use
includes use in a wildlife risk mitigation action plan for a beef
or dairy farm that is located in a modified accredited zone if that
beef or dairy farm had a premises identification number registered
with the department of agriculture for bovine tuberculosis testing
prior to September 1, 2008. Agricultural use does not include the
management and harvesting of a woodlot.
(c) "Conservation district board" means that term as defined
in section 9301.
(d) "Development" means an activity that materially alters or
affects the existing conditions or use of any land.
(e) "Development rights" means an interest in land that
includes the right to construct a building or structure, to improve
land for development, to divide a parcel for development, or to
extract minerals incidental to a permitted use or as is set forth
in an instrument recorded under this part.
(f) "Development rights agreement" means a restrictive
covenant, evidenced by an instrument in which the owner and the
state, for a term of years, agree to jointly hold the right to
undertake development of the land, and that contains a covenant
running with the land, for a term of years, not to undertake
development, subject to permitted uses.
(g) "Development rights easement" means a grant, by an
instrument, in which the owner relinquishes to the public in
perpetuity or for a term of years the right to undertake
development of the land, and that contains a covenant running with
the land, not to undertake development, subject to permitted uses.
(h) "Farmland" means 1 or more of the following:
(i) A farm of 40 or more acres in 1 ownership, with 51% or more
of the land area devoted to an agricultural use.
(ii) A farm of 5 acres or more in 1 ownership, but less than 40
acres, with 51% or more of the land area devoted to an agricultural
use, that has produced a gross annual income from agriculture of
$200.00 per year or more per acre of cleared and tillable land. A
farm described in this subparagraph enrolled in a federal acreage
set aside program or a federal conservation reserve program is
considered to have produced a gross annual income from agriculture
of $200.00 per year or more per acre of cleared and tillable land.
(iii) A farm designated by the department of agriculture as a
specialty farm in 1 ownership that has produced a gross annual
income from an agricultural use of $2,000.00 or more. Specialty
farms include, but are not limited to, greenhouses; equine breeding
and grazing; the breeding and grazing of cervidae, pheasants, and
other game animals; bees and bee products; mushrooms; aquaculture;
and other similar uses and activities.
(iv) Parcels of land in 1 ownership that are not contiguous but
which constitute an integral part of a farming operation being
conducted on land otherwise qualifying as farmland may be included
in an application under this part.
(i) "Local governing body" means 1 of the following:
(i) With respect to farmland or open space land that is located
in a city or village, the legislative body of the city or village.
(ii) With respect to farmland or open space land that is not
located in a city or village but that is located in a township
having a zoning ordinance in effect as provided by law, the
township board of the township.
(iii) With respect to farmland or open space land that is not
described in subparagraph (i) or (ii), the county board of
commissioners.
(j) "Modified accredited zone" means those areas identified in
this state under 9 CFR 77.11 as modified accredited zones.
(k) (j)
"Open space land" means 1
of the following:
(i) Lands defined as 1 or more of the following:
(A) Any undeveloped site included in a national registry of
historic places or designated as a historic site pursuant to state
or federal law.
(B) Riverfront ownership subject to designation under part
305, to the extent that full legal descriptions may be declared
open space under the meaning of this part, if the undeveloped
parcel or government lot parcel or portions of the undeveloped
parcel or government lot parcel as assessed and owned is affected
by that part and lies within 1/4 mile of the river.
(C) Undeveloped lands designated as environmental areas under
part 323, including unregulated portions of those lands.
(ii) Any other area approved by the local governing body, the
preservation of which area in its present condition would conserve
natural or scenic resources, including the promotion of the
conservation of soils, wetlands, and beaches; the enhancement of
recreation opportunities; the preservation of historic sites; and
idle potential farmland of not less than 40 acres that is
substantially undeveloped and because of its soil, terrain, and
location is capable of being devoted to agricultural uses as
identified by the department of agriculture.
(l) (k)
"Owner" means a person
having a freehold estate in land
coupled with possession and enjoyment. If land is subject to a land
contract, owner means the vendee in agreement with the vendor.
(m) (l) "Permitted
use" means any use expressly authorized
within a development rights agreement, development rights easement,
or agriculture conservation easement that is consistent with the
farming operation or that does not alter the open space character
of the land. Storage, retail or wholesale marketing, or processing
of agricultural products is a permitted use in a farming operation
if more than 50% of the stored, processed, or merchandised products
are produced by the farm operator for at least 3 of the immediately
preceding 5 years. The state land use agency shall determine
whether a use is a permitted use pursuant to section 36104a.
(n) (m)
"Person" includes an
individual, corporation, limited
liability company, business trust, estate, trust, partnership, or
association, or 2 or more persons having a joint or common interest
in land.
(o) (n)
"Planning commission"
means a planning commission
created
by the local governing body under 1945 PA 282, MCL 125.101
to
125.107, 1959 PA 168, MCL 125.321 to 125.333, or 1931 PA 285,
MCL
125.31 to 125.45, as applicable that
term as defined in section
3 of the Michigan planning enabling act, 2008 PA 33, MCL 125.3803.
(p) (o)
"Prohibited use" means a
use that is not consistent
with an agricultural use for farmland subject to a development
rights agreement or is not consistent with the open space character
of the land for lands subject to a development rights easement.
(q) "Project" means certain risk mitigating measures, which
may include, but are not limited to, the following:
(i) Making it difficult for wildlife to access feed by storing
livestock feed securely, restricting wildlife access to feeding and
watering areas, and deterring or reducing wildlife presence around
cattle and cattle feed by storing feed in an enclosed barn,
wrapping bales or covering stacks with tarps, closing ends of bags,
storing grains in animal-proof containers or bins, maintaining
fences, practicing small mammal and rodent control, or feeding away
from deer cover.
(ii) Minimizing wildlife access to cattle feed and water by
feeding cattle in an enclosed area, feeding in open areas near
buildings and human activity, removing extra or waste feed when
cattle are moved, using hay feeders to reduce waste, using
artificial water systems to help keep cattle from sharing water
sources with wildlife, fencing off stagnant ponds and wetlands, and
keeping mineral feeders near buildings and human activity or using
devices that restrict deer usage.
(r)
(p) "Property taxes" means general ad valorem
taxes levied
after January 1, 1974, on lands and structures in this state,
including collection fees, but not including special assessments,
penalties, or interest.
(s) (q)
"Regional planning
commission" means a regional
planning commission created pursuant to 1945 PA 281, MCL 125.11 to
125.25.
(t) (r)
"Regional planning
district" means the planning and
development regions as established by executive directive 1968-1,
as amended, whose organizational structure is approved by the
regional council.
(u) (s)
"State income tax act"
means the income tax act of
1967, 1967 PA 281, MCL 206.1 to 206.532, and in effect during the
particular year of the reference to the act.
(v) (t)
"State land use agency"
means the department of
agriculture.
(w) (u)
"Substantially
undeveloped" means any parcel or area
of land essentially unimproved except for a dwelling, building,
structure, road, or other improvement that is incidental to
agricultural and open space uses.
(x) (v)
"Unique or critical land
area" means agricultural or
open space lands identified by the land use agency as an area that
should be preserved.
(y) "Wildlife risk mitigation action plan" means a written
plan consisting of 1 or more projects to help reduce the risks of
bovine tuberculosis spreading between wildlife and livestock and is
approved by the department of agriculture under the animal industry
act, 1988 PA 466, MCL 287.701 to 287.745.