Michigan Laws 324.72103 – Designation as “Pure Michigan Trail” or “Pure Michigan Water Trail”; requirements; public hearing; revocation of designation
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Terms Used In Michigan Laws 324.72103
- Commission: means the commission of natural resources. See Michigan Laws 324.301
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the department of natural resources. See Michigan Laws 324.72101
- Director: means the director of the department or his or her designee. See Michigan Laws 324.72101
- Governmental agency: means the federal government, a county, city, village, or township, or a combination of any of these entities. See Michigan Laws 324.72101
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301
- Pure Michigan Trail: means a trail designated as a "Pure Michigan Trail" under section 72103. See Michigan Laws 324.72101
- Pure Michigan Water Trail: means a water trail designated as a "Pure Michigan Water Trail" under section 72103. See Michigan Laws 324.72101
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- Statewide trail network: means the statewide trail network established in section 72114. See Michigan Laws 324.72101
- Trail: means a right-of-way adapted to foot, horseback, motorized, or other nonmotorized travel. See Michigan Laws 324.72101
- Water trail: means a designated route on a body of water. See Michigan Laws 324.72101
(1) The director may designate a trail in this state located on land as a “Pure Michigan Trail”. A person may request that the director designate a trail as a Pure Michigan Trail. The director shall not designate a trail as a Pure Michigan 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 natural and cultural resources of this state.
(b) The land on which the trail is located is owned by this state or a governmental agency or otherwise is under the long-term control of this state or a governmental agency through a lease, easement, or other arrangement. If the land is owned by a governmental agency, the director shall obtain the consent of the governmental agency before designating the land as part of a Pure Michigan Trail.
(c) The design and maintenance of the trail and its related facilities meet generally accepted standards of public safety.
(d) The trail meets appropriate standards for its designated recreation uses.
(e) The trail is available for designated recreation uses on a nondiscriminatory basis.
(f) The trail is, or has potential to be, a segment of a statewide network of trails, or it attracts a substantial share of its users from beyond the local area.
(g) The trail is marked with an official Pure Michigan Trail sign and logo at major access points.
(h) Where feasible, the 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 trail. The trail may include amenities related to trail usage such as connectors and access to rest areas, lodging, and eating facilities, as well as park benches and signage. Support facilities and trail amenities described in this subdivision are public goods.
(i) Potential negative impacts of trail development on owners or residents of adjacent property are minimized through all of the following:
(i) Adequate enforcement of trail rules and regulations.
(ii) Continuation of access for trail crossings for agricultural and other purposes.
(iii) Construction and maintenance of fencing, where necessary, by the owner or operator of the trail.
(iv) Other means as considered appropriate by the director.
(j) A trademark license is obtained by the department from the Michigan economic development corporation for use of the words “Pure Michigan”.
(k) Other conditions required by the director.
(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 (k).
(e) A trademark license is obtained by the department from the Michigan economic development corporation for use of the words “Pure Michigan”.
(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 director may revoke a Pure Michigan Trail or a Pure Michigan Water Trail designation if he or she determines that a trail fails to meet the requirements of this section. Before revoking a Pure Michigan Trail or a Pure Michigan Water Trail designation, the director shall provide notice to all entities involved in the management of the trail. If the trail is brought into compliance with this section within 90 days after providing this notice, the director shall not revoke the designation.