A bill to amend Michigan’s trespassing laws to include farmland and woodlots has been introduced in the state House.
House Bill No. 4013 amends Section 73102 of the “Natural Resources and Environmental Protection Act” (1994 PA 451), primarily to modify the conditions under which individuals may access another person’s property for recreational activities or trapping.
These changes appear to be aimed at balancing property owner rights with specific allowances for outdoor activities under certain conditions.
House Representative Bradley Slagh introduced the bill, which was cosponsored by ten Republicans and four Democrats. It was first read on January 14 and referred to the Committee on Natural Resources and Tourism.
This was the reintroduction of a bill that passed the Michigan House of Representatives during the previous session of Congress in December but was not considered by the Michigan Senate.
Representative Slagh stated that this bill aims to better protect private property owners from unauthorized trespassing on their land.
The legislation was inspired by concerns expressed by local residents who had difficulty receiving assistance from law enforcement following trespassing incidents.
“Even with a significant number of no trespassing signs posted along the boundaries of their property, property owners reported that law enforcement would not prosecute because they claimed there wasn’t adequate signage,” Slagh said in a news release.
Read House Bill No. 4013 here.
Key changes include:
Clarification of Property Entry Rules:
- Entry without consent is explicitly prohibited on farm property or wooded areas connected to farm property, whether or not these areas are fenced, enclosed, or posted against entry.
- Specific requirements for posting signs on properties, such as letter size, sign dimensions, and intervals between signs, remain unchanged. However, the rule for spacing signs has been tightened, changing the language from “spaced to enable a person to observe not less than one sign at any point of entry” to “posted at intervals of not more than 250 feet along the property boundary.”
Fisherman Access:
- Fishermen wading or floating in navigable public streams may enter properties within the clearly defined banks of the stream, as long as they do not damage farm products, even if the property is fenced or posted.
Hunting Dog Retrieval:
- Individuals without firearms may enter another person’s property on foot to retrieve a hunting dog, provided they do not stay longer than necessary. Entry is prohibited if the owner or agent has previously denied permission, either verbally or in writing.
Consent Rules:
- Consent to enter or remain on another person’s property can be given verbally or in writing and may include conditions. Written consent can be amended or revoked verbally unless otherwise prohibited.
