Michigan House Bill HB5561

Michigan 2023-2024 Regular Session

• Introduced: 3/12/24
• Refer: 3/12/24

Caption

Recreation: other; purple paint marks designating a no trespassing area; allow. Amends sec. 73102 of 1994 PA 451 (MCL 324.73102). TIE BAR WITH: HB 5562'24

Impact

The legislative changes proposed in HB 5561 will impact existing laws governing how recreational access is managed. By emphasizing the necessity of consent from property owners, the bill seeks to prevent unauthorized entry and potential conflicts associated with public access to private lands. This could lead to more defined roles regarding land use and property management in Michigan, particularly in rural and farming areas where recreational access is a common concern. The specification around conditions for signage and markings, such as the use of purple paint to designate no trespassing areas, represents an effort to modernize signals of property boundaries.

Summary

House Bill 5561 seeks to amend Michigan's Natural Resources and Environmental Protection Act by introducing provisions related to property access for recreational activities. Specifically, the bill establishes that individuals must obtain consent from property owners before engaging in recreational activities or trapping on their land, except for farm properties or wooded areas connected to farmland. This is aimed at reinforcing private property rights and delineating acceptable conduct concerning accessing private lands while also considering public use rights.

Contention

There are likely points of contention surrounding the implementation of HB 5561, especially from advocates for broader public access to natural resources. Opponents may argue that the bill could limit public enjoyment of outdoor recreational activities, reduce access to hunting and fishing areas, and undermine customary practices associated with outdoor recreation. Concerns may arise regarding the effectiveness of property designations using signs and paint marks, particularly in terms of visibility and public awareness.

Considerations

As the bill moves forward, discussions may focus on balancing landowner rights with the public’s access to recreational spaces. Stakeholders might consider the implications of making property access more restrictive versus ensuring property rights are safeguarded. Furthermore, it will be critical to evaluate how these changes will be implemented practically, including the degree to which local enforcement will be required and how property owners can effectively communicate their boundaries to the public.