March 13, 2014, Introduced by Senators MOOLENAAR, HANSEN, CASPERSON, MEEKHOF, GREEN and BOOHER and referred to the Committee on Outdoor Recreation and Tourism.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 72103, 72104, 72112, and 72114 (MCL 324.72103,
324.72104, 324.72112, and 324.72114), sections 72103, 72104, and
72112 as added by 1995 PA 58 and section 72114 as added by 2010 PA
45; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
72103. (1) Upon petition by any person or on its own
motion,
the commission The director may designate a trailway trail
in
this state located on land as a "Michigan trailway". The
petition
or motion shall propose permitted uses of the trailway.
"Pure Michigan Trail". A person may request that the director
designate
a trail as a Pure Michigan Trail. The commission
director
shall
not designate a trailway trail
as a Pure Michigan trailway
Trail unless it meets, or will meet when completed, all of the
following requirements:
(a) The trail is a model trail for its designated uses and the
designation of the trail as a Pure Michigan Trail contributes to a
statewide trail network that promotes healthy lifestyles, economic
development, recreation, and conservation of the resources of this
state.
(b) (a)
The land on which the trailway trail is
located is
owned
by the this state or a governmental agency, or otherwise is
under
the long-term control of the this
state or a governmental
agency through a lease, easement, or other arrangement. If the land
is
owned by a governmental agency, the commission director shall
obtain the consent of the governmental agency before designating
the
land as part of a Pure Michigan trailway.Trail.
(c) (b)
The design and maintenance of the trailway
trail and
its related facilities meet generally accepted standards of public
safety.
(d) (c)
The trailway trail meets
appropriate standards for its
designated recreation uses.
(e) (d)
The trailway trail is
available for designated
recreation uses on a nondiscriminatory basis.
(e)
The trailway is a multiuse trail suitable for use by
pedestrians,
by people with disabilities, and by other users, as
appropriate.
(f)
The trailway trail is, or has potential to be, a segment
of
a statewide network of trailways, trails, or it attracts a
substantial share of its users from beyond the local area.
(g)
The trailway trail is marked with an official Pure
Michigan
trailway Trail sign and logo at major access points.
(h)
The trailway is not directly attached to a roadway, except
at
roadway crossings.
(h) (i)
Where feasible, the trailway trail offers
adequate
support facilities for the public, including parking, sanitary
facilities, and emergency telephones, that are accessible to people
with disabilities and are at reasonable frequency along the
trailway.trail.
(i) (j)
Potential negative impacts of trailway
trail
development on owners or residents of adjacent property are
minimized through all of the following:
(i) Adequate enforcement of trailway trail rules
and
regulations.
(ii) Continuation of access for trailway trail crossings
for
agricultural and other purposes.
(iii) Construction and maintenance of fencing, where necessary,
by
the owner or operator of the trailway.trail.
(iv) Other means as considered appropriate by the
commission.director.
(j) (k)
Other conditions required by the commission.director.
(2)
The commission shall not designate a trailway a Michigan
trailway
under subsection (1) unless a public hearing has been held
in
the vicinity of the proposed Michigan trailway to take testimony
and
gather public opinion on the proposed designation including,
but
not limited to, the proposed uses of the trailway and whether
or
not motorized uses are appropriate for the trailway. The public
hearing
shall be held at a location and at a time calculated to
attract
a fair representation of opinions on the designation. A
transcript
or a summary of the testimony at the public hearing
shall
be forwarded to the commission.
(3)
At the time a Michigan trailway is designated under
subsection
(1), the commission shall, in consultation with the
governmental
agencies in which the trailway is located, establish
uses
to be permitted on the trailway. In establishing permitted
uses,
the commission shall consider all of the following:
(a)
The safety and enjoyment of trailway users.
(b)
Impacts on residents, landowners, and businesses adjacent
to
the trailway.
(c)
Applicable local ordinances.
(4)
A change in the permitted uses of a Michigan trailway
established
under subsection (3) relating to whether or not a
motorized
use is allowed on the trailway shall not be made without
approval
of the commission after a public hearing held in the same
manner
as provided in subsection (2).
(2) In designating trails as Pure Michigan Trails under
subsection (1), the director shall consider all forms of
permissible recreation uses equally in order to develop a Pure
Michigan Trails network that is representative of the various trail
uses.
(3) The director may designate a water trail as a "Pure
Michigan Water Trail". A person may request that the director
designate a trail as a Pure Michigan Water Trail. The director
shall not designate a trail as a Pure Michigan Water Trail unless
it meets, or will meet when completed, all of the following
requirements:
(a) The trail and its access points are open to public use and
are designed, constructed, and maintained according to best
management practices.
(b) The trail is located on a contiguous waterway or a series
of waterways that are contiguous or are connected by portages.
(c) The trail is consistent with applicable land use plans and
environmental laws.
(d) The trail meets the criteria of subsection (1)(a), (c),
(d), (e), (f), (g), (h), (i)(i) and (iv), and (j).
(e) The trail will be open for public use for at least 10
consecutive years after designation.
(4) Prior to designating a Pure Michigan Trail under
subsection (1) or a Pure Michigan Water Trail under subsection (3),
the director shall refer the proposed designation to the natural
resources commission, which shall hold a public hearing on the
proposed designation. Within 90 days after receiving the referral
under this subsection, the natural resources commission shall
provide the director with its recommendation regarding the
designation.
(5)
The commission director may revoke a Pure Michigan
trailway
Trail or a Pure Michigan
Water Trail designation if it he
or
she determines that a trailway trail fails
to meet the
requirements of this section. Before revoking a Pure Michigan
trailway
Trail or a Pure Michigan
Water Trail designation, the
commission
director shall provide notice to all entities involved
in
the management of the trailway. trail.
If the trailway trail is
brought into compliance with this section within 90 days after
providing
this notice, the commission director
shall not revoke the
designation.
Sec.
72104. (1) Upon petition by any person or on its own
motion,
the commission may designate a trailway, bicycle path,
sidewalk,
road, or other suitable route that does not meet the
requirements
of this part for a Michigan trailway as a "Michigan
trailway
connector" if the connector meets all of the following:
(a)
The connector meets appropriate safety standards and
appropriate
design standards for its designated uses.
(b)
The connector connects directly to a Michigan trailway.
(c)
The public agency having jurisdiction over the connector
has
consented in writing to the designation.
(d)
The connector is marked with an official Michigan trailway
connector
sign and logo at major access points.
(2)
An aquatic corridor capable of accommodating watercraft
that
connects to a Michigan trailway may be designated as a
Michigan
trailway connector if it meets the requirements of
subsection
(1)(a) to (d).
(1) The director, upon petition by a person, may designate a
city, village, or township as a "Pure Michigan Trail Town" if the
director determines that the following conditions have been met:
(a) The city, village, or township is easily accessible to
users of a Pure Michigan Trail or a Pure Michigan Water Trail.
(b) The city, village, or township has adopted a resolution in
support of the designation.
(c) The city, village, or township has adopted a plan for
providing support services to trail users such as parking, sanitary
facilities, restaurants, accommodations, grocery stores, bike
shops, boat docks, or other services that may be needed or desired
by trail users.
(d) The petitioner demonstrates at least 3 of the following:
(i) There is community support for the designation as evidenced
by creation of an advisory committee.
(ii) There has been an annual trail-related project or event
within the city, village, or township.
(iii) A school board within the city, village, or township has
endorsed a trail-based service learning educational component
within its schools.
(iv) Land use plans, planning tools, ordinances, or guidelines
are in place that recognize the relationship between the trail and
other community assets, or that there is support to amend, change,
or add these provisions.
(2) Upon designation of a city, village, or township as a Pure
Michigan Trail Town, the city, village, or township may erect and
maintain along the Pure Michigan Trail or Pure Michigan Water Trail
at a junction with the city, village, or township an official Pure
Michigan Trail Town sign and logo designed by the department. The
department shall only provide for the erection and maintenance of
an official Pure Michigan Trail Town sign and logo when sufficient
private contributions are received to pay for the cost of erecting
and maintaining the sign and logo.
(3) The director may revoke a Pure Michigan Trail Town
designation if he or she determines that the city, village, or
township has failed to meet the requirements of this section.
Before revoking a Pure Michigan Trail Town designation, the
director shall provide notice to the city, village, or township. If
the city, village, or township is brought into compliance with this
section within 90 days after providing this notice, the director
shall not revoke the designation.
Sec.
72112. The commission department
may promulgate rules as
it considers necessary to implement this part.
Sec.
72114. (1) Within 1 year after receiving recommendations
from
the advisory council under subsection (4), the The department
shall
establish a plan for a statewide trail network that includes
Pure
Michigan trailways, pack and saddle
trailways, Trails, Pure
Michigan
Water Trails, and other recreational
use trails. The plan
for
a statewide trail network shall be
designed to accommodate a
variety of public recreation uses and shall specify the types of
uses
that are allowed on each trail segment. The plan for a
statewide trail network shall be in conformance with section 72115
and the determinations made under section 72115. Prior to the
department
establishing the plan for a statewide trail network, the
commission
department shall hold a public meeting to receive
testimony from the general public.
(2)
After the plan for a statewide trail network is
established, under
subsection (1), if the department is informed
that
additional trails should be added to the plan statewide trail
network or that uses on particular trail segments should be
modified,
the department may shall modify the plan statewide trail
network to include additional trails or to modify the uses on
particular trails as the department determines appropriate.
However, any modifications shall be in conformance with section
72115 and determinations made under section 72115.
(3)
Upon establishment of a plan for a the statewide trail
network, under
subsection (1), the department shall make the plan
statewide trail network available on the department's website. If
the
department modifies the plan for a statewide trail network, the
department
shall make the updated plan statewide
trail network
available on the department's website.
(4) Within 1 year after receiving recommendations from the
equine trailways subcommittee under section 72110a, the advisory
council
shall review recommendations from the equine trailways
trails
subcommittee as well as other
interested trailway trail
users and shall make recommendations to the department for the
establishment
of a plan for a the statewide trail network. If the
advisory
council does not submit recommendations to the department
as
provided for in this subsection, within 2 years after the
effective
date of the amendatory act that added this section, the
department
shall review the recommendations of the equine trailways
subcommittee
under section 72110a and recommendations of other
interested
trail users and shall establish a plan for a statewide
trail
network as provided for in subsection (1).
(5) The department shall work with interested parties to
facilitate the creation and maintenance of a current database of
trail maps for all trails within the statewide trail network on the
department's internet website. The database of trail maps shall
specifically designate which of the trails are Pure Michigan Trails
or Pure Michigan Water Trails. The database of trail maps shall
allow trail users to download or print trail maps. In addition, the
department shall work with interested parties to facilitate the
development and maintenance of a mobile software application of
trail maps and other information related to specific trails that
may be downloaded onto smartphones, tablet computers, and other
portable electronic devices. The department shall work with these
interested parties to assure that the software application is
updated to reflect current information from the database of trail
maps.
Enacting section 1. Section 72113 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.72113, is
repealed.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 97th Legislature are
enacted into law:
(a) Senate Bill No. 875
.
(b) Senate Bill No. 876
.
(c) Senate Bill No. 874
.
(d) Senate Bill No. 877
.