HB-4082, As Passed House, June 13, 2017

HB-4082, As Passed Senate, June 13, 2017

SUBSTITUTE FOR

HOUSE BILL NO. 4082

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 51501 and 51506 (MCL 324.51501 and 324.51506),

as amended by 2004 PA 529, and by adding section 51503c.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 51501. As used in this part:

(a) "Certified prescribed burn manager" means an individual

who has successfully completed the certification program of the

department under section 51513 and possesses a valid certification

number.

(b) "Department" means the department of natural resources.

following:

(i) A fire within the curtilage of a dwelling where the

material being burned has been properly placed in a debris burner

constructed of metal or masonry, with a metal covering device with

openings no larger than 3/4 of an inch.

(ii) A campfire.

(iii) Any fire within a building.

(d) "Extinguished", in reference to prescribed burning, means

that there is no longer any spreading flame.

(e) "Forest land", subject to subdivision (f), means any of

the following:

(i) Timber land, potential timber-producing land, or cutover

or burned timber land.

(ii) Wetland.

(iii) Prairie or other land dominated by grasses or forbes.

(f) "Forest land" does not include land devoted to

agriculture.

(g) "Flammable material" means any substance that will burn,

including, but not limited to, refuse, debris, waste forest

material, brush, stumps, logs, rubbish, fallen timber, grass,

stubble, leaves, fallow land, slash, crops, or crop residue.

(h) "Prescribed burn" or "prescribed burning" means the

burning, in compliance with a prescription and to meet planned fire

or land management objectives, of a continuous cover of fuels.

(i) "Prescription" means a written plan establishing the

criteria necessary for starting, controlling, and extinguishing a

burn.

(j) "Primary public safety answering point" means that term as

defined in section 102 of the emergency 9-1-1 service enabling act,

1986 PA 32, MCL 484.1102.

(k) ~~(j)~~ "Wetland" means land characterized by the presence of

water at a frequency and duration sufficient to support, and that

under normal circumstances does support, wetland vegetation or

aquatic life, and is commonly referred to as a bog, swamp, or

marsh.

Sec. 51503c. (1) Before conducting a prescribed burn, the

department shall attempt to notify by telephone and electronic mail

the township supervisor and the primary public safety answering

point of each township where the prescribed burn is to take place.

The department shall maintain a record of the notification

attempts. The notice shall include all of the following:

(a) The location, expected date, and estimated number of acres

of the prescribed burn.

(b) The name, electronic mail address, and telephone number of

the person in charge of the prescribed burn.

(2) A violation of this section is not subject to section

51512.

Sec. 51506. (1) Except as provided in section 51503b, a person

who, in violating this part, causes a forest or grass fire is

liable for all damages resulting from that fire, including the cost

of any governmental unit fighting the fire. This subsection does

not apply to a violation by the department of section 51503c.

(2) If the department violates section 51503c, the department

is liable for any costs incurred by a township as a result of the

prescribed burn.

(3) ~~(2)~~ Except as provided in section 51503b, this part does