September 14, 2017, Introduced by Rep. Glenn and referred to the Committee on Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 73102, 73104, and 73105 (MCL 324.73102,
324.73104, and 324.73105), section 73102 as amended by 1998 PA 546
and sections 73104 and 73105 as added by 1995 PA 58.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 73102. (1) Except as provided in subsection (4), a person
shall
not enter or remain upon the property of another person ,
other
than farm property or a wooded area connected to farm
property,
to engage in any recreational
activity or trapping on
that property without the consent of the owner or his or her lessee
or
agent, if either any of the following circumstances
exists:exist:
(a) The property is farm property or a wooded area connected
to farm property.
(b) (a)
The property is fenced or enclosed
and is maintained
in such a manner as to exclude intruders.
(c) (b)
The property is posted in a
conspicuous manner against
entry . The
by 1 of the following means:
(i) By posting signs, with a minimum letter height on the
posting
signs shall be of 1 inch. Each posting sign shall be not
less
than 50 square inches. , and the The signs shall be spaced to
enable a person to observe not less than 1 sign at any point of
entry upon the property.
(ii) By making purple paint marks on trees or posts at the
property boundary. Each paint mark shall be a vertical line at
least 8 inches long, and the bottom of the paint mark shall be
between 3 feet and 5 feet above the ground. The paint marks shall
be not more than 100 feet apart and shall be placed so that they
are readily visible to persons approaching the property.
(2)
Except as provided in subsection (4), a person shall not
enter
or remain upon farm property or a wooded area connected to
farm
property for any recreational activity or trapping without the
consent
of the owner or his or her lessee or agent, whether or not
the
farm property or wooded area connected to farm property is
fenced,
enclosed, or posted.
(2) (3)
On In the case of fenced or posted property or farm
property or a wooded area connected to farm property, a fisherman
wading or floating a navigable public stream may, without written
or oral consent, enter upon the property within the clearly defined
banks of the stream or, without damaging farm products, walk a
route on the property as closely proximate to the clearly defined
bank as possible when necessary to avoid a natural or artificial
hazard or obstruction, including, but not limited to, a dam, deep
hole, or a fence or other exercise of ownership by the riparian
owner.
(3) (4)
A person other than a person
possessing a firearm may,
unless previously prohibited in writing or orally by the property
owner or his or her lessee or agent, enter on foot upon the
property of another person for the sole purpose of retrieving a
hunting dog. The person shall not remain on the property beyond the
reasonable time necessary to retrieve the dog. In an action under
section 73109 or 73110, the burden of showing that the property
owner or his or her lessee or agent previously prohibited entry
under this subsection is on the plaintiff or prosecuting attorney,
respectively.
(4) (5)
Consent to enter or remain upon the
property of
another person pursuant to this section may be given orally or in
writing. The consent may establish conditions for entering or
remaining upon that property. Unless prohibited in the written
consent, a written consent may be amended or revoked orally. If the
owner or his or her lessee or agent requires all persons entering
or remaining upon the property to have written consent, the
presence of the person on the property without written consent is
prima facie evidence of unlawful entry.
Sec. 73104. A person other than the property owner or the
owner's lessee or agent shall not remove, deface, or destroy a sign
or
poster that has been posted or purple paint mark made pursuant
to this part.
Sec. 73105. A person shall not post a sign or place purple
paint marks on property owned by another person or enclose the
property of another person to prohibit hunting, fishing, trapping,
or other recreational activities on that property without the
written permission of the owner of that property or his or her
lessee or agent.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.