Michigan Laws 320.2034 – Forestry operations as public or private nuisance
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(1) Forestry operations shall not be found to be a public or private nuisance if the forestry operations alleged to be a nuisance conform to generally accepted forestry management practices. Generally accepted forestry management practices shall be reviewed annually by the commission and revised as considered necessary.
(2) Forestry operations voluntarily using sustainable forestry practices as approved by the commission shall not be found to be a public or private nuisance if the forestry operations existed before a change in the land use or occupancy of land within 1 mile of the boundaries of the forestland, and if before that change in land use or occupancy, the forestry operations would not have been a nuisance.
Terms Used In Michigan Laws 320.2034
- Commission: means the commission of natural resources. See Michigan Laws 320.2033
- Forest: means a tract of land that is at least 10% stocked by trees of any size, whether of commercial or noncommercial species, or formerly having tree cover and not currently developed for nonforest use, including woodlands, woodlots, windbreaks, and shelter belts. See Michigan Laws 320.2033
- Forestry operations: means activities related to the harvesting, reforestation, and other management activities, including, but not limited to, thinning, pest control, fertilization, and wildlife management, that are consistent with principles of sustainable forestry. See Michigan Laws 320.2033
- Generally accepted forestry management practices: means those forest management practices as prescribed by the commission. See Michigan Laws 320.2033
- Landowner: means the possessor of a fee interest in land or a tenant, lessee, occupant, or other person in lawful control of land. See Michigan Laws 320.2033
- Sustainable forestry: means forestry practices that are designed to meet present and future wood product needs by employing a land stewardship ethic that integrates the reforestation, managing, growing, nurturing, and harvesting of trees for useful products with the conservation of soil, air and water quality, wildlife and fish habitat, and visual changes. See Michigan Laws 320.2033
- Timber: means live or dead trees, including, but not limited to, bark, foliage, wood, and firewood. See Michigan Laws 320.2033
(3) Forestry operations that are in conformance with generally accepted forestry management practices shall not be found to be a public or private nuisance as a result of any of the following:
(a) A change in ownership or size.
(b) Cessation or interruption of forestry operations.
(c) Enrollment in governmental forestry or conservation programs.
(d) Adoption of new forestry technology.
(4) As used in this section, a public or private nuisance includes, but is not limited to, allegations of nuisance based on any of the following:
(a) Visual changes due to the removal of vegetation or timber.
(b) Noise from forestry equipment used in normal, generally accepted forestry management practices.
(c) Removal of vegetation or timber on a forest adjoining the property of another landowner.
(d) The use of chemicals normally utilized in forestry operations, and applied under generally accepted forestry management practices.