DEPARTMENT OF NATURAL RESOURCES
 
FOREST RESOURCES DIVISION
 
COMMERCIAL FORESTS
 
Filed with the secretary of state on
 
These rules become effective immediately after filing with the secretary of state unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a.  Rules adopted under these sections become effective 7 days after filing with the secretary of state.
 

(By authority conferred on the department of natural resources by part 511 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.51101 to 324.51120)

 
R 299.2601, R 299.2603, R 299.2603a, R 299.2604, R 299.2605, R 299.2605a, R 299.2605b, R 299.2606, R 299.2608, and R 299.2610 of the Michigan Administrative Code are amended, as follows:
 
R 299.2601  Application requirements for listing land; "act" defined.
  Rule 1.  (1) An application for listing land must shall be on a form prescribed by the department. An application must shall be under oath, signed, dated, notarized, and postmarked no not later than April 1 to be considered for listing in the following tax year. An application signed, dated, notarized, or postmarked after April 1 must shall be carried forward for consideration in the following tax year  or returned to the applicant.
  (2) An application must shall be prepared for each county covering all land in that county for which listing is desired. The application fee as required by section 51103 of the act, MCL 324.51103, must shall be calculated based on the total acreage applied for in each application.
  (3) Land applied for must shall be considered for listing as it is currently and legally described by recorded deed or land contract and on ad valorem assessment and tax rolls. Consolidation of contiguous descriptions in 1 section into a single larger description shall be done where possible. If the applicant is a land contract vendee, or buyer, the land contract must state that the vendee owns all of the timber rights to all land under contract. The application must include a copy of the deed or land contract. 
  (4) An application must shall fully describe each tract and shall include all of the following information:
   (a) County name.
   (b) Political township.
   (c) Town, range, section, and section subdivision.
   (d) School district in which the tract is located. Property tax parcel number or numbers.
   (e) Legally redescribing land to exclude areas not eligible for listing is permissible. The department may require a A certified survey in accordance with section 1 of 1970 PA 132, MCL 54.211, if deemed the department determines it is necessary to determine eligibility.
   (f) Net Total acreage, shall include including rights-of-way covered by easements., but  Total acreage must shall not include rights-of-way deeded to others or tracts owned by others.
  (5) An application for listing must include a copy of the applicant’s forest management plan for the land applied for listing. 
  (56) If any interest in the title to land that the for which application for listing has been made is transferred between the application submission date and the subsequent December 31, the applicant shall notify the department in writing immediately at the time of the transfer of title. Land no longer owned by the applicant and other application parcels that become ineligible due to the transfer of title must shall be denied listing. If the land has already been approved for listing when notice of the transfer of title is received, the department shall cancel deny the listing.
  (67) As used in these rules, "act" means Part part 511 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.51101 to 324.51120.
 
R 299.2603  Listing certificate.
  Rule 3.  (1) Land approved for listing by the department must shall be recorded on a listing certificate that will be sent to the applicant for signature. A listing certificate must shall be prepared for each county in which the applicant owns land approved for listing.
  (2) The signed listing certificate must shall be promptly returned to the department by the applicant. The department may deny the listing if the department does not receive the signed listing certificate by the department’s specified due date. On receipt of the signed listing certificate, the department shall sign the certificate and, not later than December 31, shall send the signed listing certificate to the appropriate county register of deeds. and the A copy of the signed listing certificate must be sent to the applicant and the appropriate township supervisor assessor of land approved for listing.
  (3) Land approved for listing must shall be removed from the ad valorem assessment and tax roll for the following tax year and must shall be placed on a commercial forest specific assessment and tax roll for taxation at the rate specified in section 51105 of the act, MCL 324.51105.
 (4) Any tax assessed after April 1 of the application year must be paid and evidence of such payment submitted to the department not later than March 1 of the first year of listing.  If evidence of such payment is not received by the department, the listing shall be cancelled by the department. Both of the following apply:
   (a) If the listing is cancelled, the department shall notify the township supervisor of the cancellation and request that the land be returned to the ad valorem tax roll for that tax year.  
   (b) If the listing certificate has been recorded at the county register of deeds, the department shall record a cancellation document with the register of deeds in said county.   
 
 
R 299.2603a  Return of portions of fees, taxes, and state payments to department of treasury 
  for credit to state school aid fund; time. 
  Rule 3a.  Those portions of revenues described as defined in section 51109 of the act,  MCL 324.51109, that which must be returned to the state treasury to the credit of the state school aid fund, pursuant to sections 51106 and 51109 of the act, MCL 324.51106 and 324.51109, must shall be returned to the state treasury by the appropriate township or county treasurer not later than April 1 of the year following the year of their receipt as directed by the state treasury. 
 
 
R 299.2604  Land; eligibility for listing.
  Rule 4.  (1) To be eligible for listing, land must shall meet the requirements for character and use prescribed in sections 51101, 51103, and 51113 of the act, MCL 324.51101, 324.51103 and 324.51113.
  (2) A tract of less than 40 acres is not eligible for listing unless it is contiguous to land already listed by the same owner or being listed by the same owner. However, a tract of less than 40 contiguous acres may be eligible if it is a fractional survey description, or if its net area is less than 40 acres because of rights-of-way deeded to others, and if the department determines the tract is a reasonable and economic commercial forest management unit.
  (3) Land within the boundaries of a city or village is not eligible for listing.
  (4) Land zoned contrary to the intent of the act is not eligible for listing.
  (5) Land exempted from ad valorem real property taxes and land receiving a property tax incentive from other programs are not eligible for listing.
 (5) (6) Leasing and exploration for minerals and wind energy production are permitted on land listed under the act. Land for which that is included on an application is being made for listing that  which is subject to mineral or wind energy leases or upon which exploration is occurring may be considered for listing if otherwise eligible.
 (6) (7) Commercial extraction of oil and gas is permitted on land listed under the act.  Land for which that is included on an application is being made for listing that which is subject to oil and gas extraction may be considered for listing if otherwise eligible. All of the following apply pertain to owners extracting oil and gas:
   (a) At least 30 days before prior to removal, the owner shall submit to the department an application to remove oil and gas on a form prescribed by the department.
   (b) Facilities, equipment, and structures directly related to and used solely for the extraction of oil and gas are permitted on land listed under the act.  
   (c) Refining of hydrocarbon liquids or underground natural gas storagecompression storage or compression and any associated structures are not permitted on land listed under the act. 
 (7) (8) If an owner owns both surface and mineral rights and the owner or his or her contractors undertake commercial mineral extraction other than oil and gas, the owner shall withdraw the affected land from listing before prior to extraction.
 (8) (9) If surface and mineral rights are separately owned and the mineral owner or his or her contractors undertake commercial mineral extraction other than oil and gas, the surface owner shall withdraw the affected land from listing before prior to extraction.
 (9) (10) The owner of listed land shall advise the department of any commercial mineral extraction operations and/or wind energy production and initiate withdrawal of the listed land affected prior to before mineral extraction or wind energy production.   
  (10) (11) If commercial metallic, nonmetallic, or other mineral extraction occurs, except oil and gas, the affected land to be withdrawn must shall include either of the following:
   (a) All of each listed 40-acre description, fractional description, government lot, or its equivalent over, upon, within, or under which mining operations occur.
   (b) The area over, upon, within, or under which mining operations occur, as delineated on a project map of the affected area. Mining operations, in addition to the extraction of minerals or ores, include the utilization of an area or tract of land for any of the following purposes:
    (i) Pits.
    (ii) Openings.
    (iii) Shafts.
    (iv) Processing facilities.
    (v) Stockpiling areas.
    (vi) Water and tailings basins.
    (vii) Shipping facilities.
  (11) (12) If mineral extraction results in the retention of land under listing that by itself is ineligible for listing, other than the acreage requirement, the landowner shall also withdraw this ineligible land from listing.
  (12) (13) Extraction of sand and gravel is permitted on listed land pursuant to section 51113 of the act, MCL 324.51113.  At least 30 days before prior to removal, the owner shall submit to the department an application to remove sand and gravel on a form prescribed by the department.  Sand and gravel applications must shall be approved for a period not to exceed 2 years.  If removal is not completed within the approved time period, a new application must shall be submitted for the same description.  
  (13) (14) The posting of a mineral exploration site or an oil and gas extraction site on listed land to prohibit public access on that site is permitted if necessary for public safety. Posting must shall be restricted only to the area needed for efficient and safe operation of the exploratory or extraction site and must shall be limited to the time during which exploration and/or or extraction occurs.
  (14) (15) Tree plantations, to be eligible for listing and if otherwise eligible, must shall have survived through the first 2 growing seasons after planting and, at the time of application, must shall carry sufficient forest growth of suitable character and distribution to assure ensure that a stand of merchantable timber will be developed within a reasonable time.
  (15) (16) Any 40-acre description, fractional description, or other description meeting the minimum acreage eligibility requirement specified in subrule (2) of this rule is not eligible for listing if it contains 25% or more nonstocked non-stocked but productive land. This subrule applies to each such description even though it may be contiguous to other descriptions already listed by the same owner or being listed by the same owner.
  (16) (17) Any 40-acre description, fractional description, or other description just meeting the minimum acreage eligibility requirement specified in subrule (2) of this rule is not eligible for listing if it contains 50% or more nonproductive land unless it is contiguous to, and is an integral part of, a larger managed forest already listed by the same owner or being listed by the same owner.
  (17) (18) Land managed for Christmas trees or for forest crops normally harvested at an age of 10 years or less is not eligible for listing.
 (19) Applications from applicants whose commercial forest land is noncompliant or was declassified by the department must be denied. 
 
 
R 299.2605  Criteria to determine compliance with act.
  Rule 5.  Land listed as commercial forest must shall comply fully with the requirements of the act and all of the following provisions:
  (a) The owner of forest land listed under the act shall manage that land consistent with the purposes expressed in sections 51101, 51103, and 51113 of the act, MCL 324.51101, 324.51103, and 324.51113, and according to the owner’s forest management plan. 
  (b) Except as provided in section 51113 of the act, MCL 324.51113, listed land must shall not be used or obligated for any commercial purpose other than production of forest products and must shall not be managed in a manner detrimental to the growth and development of those products.
  (c) Noncommercial uses compatible with good forest management and full productivity of listed land are allowed permitted.
  (d) An easement may be granted across listed land if the effect on the productivity of the listed land is minimal. The owner shall notify the department, in writing, of a submit a copy of the prospective easement across listed land to the department for review at least 30 days before  entering into such an agreement. 
  (e) Buildings or improvements must shall not be allowed permitted on listed land, except those used exclusively for the conduct of commercial forest management operations or as specified in R 299.2604(6)(7). 
  (f) An owner shall submit to the department, upon request, a description of public access to specific parcel descriptions of listed land for the purpose of hunting and fishing. The description must be in a format that meets the recording requirements of the county register of deeds. 
 (g) If an owner enters Before entering into a conservation easement or makes making any other restrictive commitment on listed land, the owner shall submit a copy of the conservation easement or restrictive document to the department within not less than 30 days before  of signing such an agreement. If these documents contain provisions contrary to the act or these rules, the owner shall either not enter into the agreement or withdraw the land pursuant to section 51108 of the act, MCL 324.51108. 
 
R 299.2605a  Public use of listed land.
  Rule 5a.  (1) Listed land must shall be open to the public for foot access for hunting and fishing. Listed land must shall not be posted in any manner to restrict or infer restriction of entry for hunting and fishing, except as provided in R 299.2604(13) and subrule (4) of this rule. Any act by an owner of listed land which that is intended to deny or inhibit access for public hunting and fishing, except as provided in R 299.2604(13) and subrule (4) of this rule, must shall preclude listing of the land or, if listed, may require withdrawal of the land from listing.
  (2) Public use of listed land for any activity other than foot access for hunting or fishing requires owner permission. The owner of listed land shall not grant permission for activities that are not compliant with the act or rules. The owner of listed land may restrict, through posting, activities other than public hunting and fishing. 
  (3) Fences and gates do not disqualify land from listing if the owner allows public entry for hunting and fishing.
  (4) The owner of listed land may restrict public access for hunting and fishing during active commercial logging periods within the affected area if both of the following conditions are met:
   (a) The owner has notified the department pursuant to section 51111 of this act, MCL 324.51111, and R 299.2606.
   (b) The activities are in compliance comply with the owner’s forest management plan.
 
R 299.2605(b)  Forest management plan. 
  Rule 5b.  (1) Pursuant to sections 51101 and 51103, of the act, MCL 324.51101 and 324.51103, an owner shall maintain a current, written forest management plan in effect for all commercial forest land, submit a copy of the plan to the department to determine if it meets the minimum requirements established by the department, and shall actively manage the commercial forest land according to this the plan. Not less than 30 days before the expiration of the owner’s forest management plan, the owner shall submit a copy of a new or updated forest management plan to the department to determine if it meets the minimum requirements established by the department.
  (2) A forest management plan must shall meet the minimum requirements established and published by the department. 

  (3) The owner shall notify submit a copy of an amended or revised forest management plan to the department to determine if it meets the minimum requirements established by the department, in writing, 30 days before prior to implementation , of any amendment or revision to a forest management plan.

  (4) The certification required in section 51103 of the act, MCL 324.51103, for listing land must shall be on the commercial forest list application a form prescribed by the department and shall reference the owner’s current forest management plan.
 
R 299.2606  Prior reporting; harvest of forest products.

  Rule 6. (1) The owner of listed land shall report to the department of an intent to harvest on a form prescribed by the department, not less than 30 10 days before prior to the cutting, harvesting, or removal of removing forest products from listed land.

  (2) Cutting, harvesting, or removal of removing forest products from listed land must shall be in accordance with the owner’s forest management plan and limited to descriptions and harvest practices identified on the report.

  (3) Prior reporting is not required for noncommercial timber management operations where no merchantable forest products are cut, sold, given away, utilized, removed, or destroyed.

  (4) The department shall approve a harvest report for a period not to exceed 2 years. If harvesting operations, except transport of products, is not completed within the approved time period, an additional report must shall be submitted to the department for the same description.

  (5) The owner shall notify the department of any changes to the harvest described on the approved report, including descriptions, harvest practices, or other terms on the report.
 
R 299.2608  Withdrawal of listed land.
  Rule 8. (1) The owner shall complete and submit an application to the department for each county to withdraw of listed land to be withdrawn on a form prescribed by the department. If the withdrawal will result in the retention of listed land that by itself is ineligible for listing, the department shall also require withdrawal of that ineligible land in addition to the land contained in the initial withdrawal application.
  (2) The department shall send the applicant a withdrawal certificate indicating the withdrawal penalty computed in accordance with section 51108 of the act, MCL 324.51108, and instructions to make the penalty payment to the township treasurer. 
  (3) Upon receipt of the signed withdrawal certificate and with certification by the township treasurer that the withdrawal penalty has been paid, the department shall certify approve the withdrawal as provided in section 51108 of the act, MCL 324.51108. The date of this the department receives the township treasurer certification is shall be the effective date of the withdrawal.
  (4) Withdrawn land shall be is subject to the specific tax and not to the ad valorem property tax in the tax year in which it is withdrawn. 
  (5) For a partial withdrawal of listed land, the department may require a certified survey in accordance with section 1 of 1970 PA 132, MCL 54.211, of the land to be withdrawn and the land that will remain listed, if deemed necessary to ensure eligibility.
 (6) If the township has removed listed land from the specific tax roll and placed the land on the ad valorem tax roll in error, the department may will administratively withdraw the land without application, application fee, or penalty.
 
R 299.2610  Transfers Transfer of title.
  Rule 10.  (1) Transfer of title does not alter the listing if land eligibility is unaffected, and the new owner demonstrates to the department within 90 days after the date of the deed or land contract that they are is in compliance with the act within 60 days of notification by the department. Compliance with the act must be demonstrated by either of the following:
   (a) Submitting a copy of the new owner's active forest management plan to the department for the department’s determination of whether the plan meets the minimum requirements established by the department. 
   (b) Submitting to the department a copy of the new owner's contract with a forest management plan writer to complete the forest management plan.
  (2) If listed land is purchased under a land contract, a copy of the land contract must shall be submitted by the vendee of the land contract to the department. If the terms of the land contract are not in compliance with the act or these rules, the land contract must shall be amended to comply with the act,; or the land contract vendee shall withdraw the land pursuant to section 51108 of the act, MCL 324.51108, and R 299.2608,; or the land contract vendor shall bring the land into compliance.
  (3) A title transfer that which creates a separately owned description that which does not meet eligibility requirements shall require requires withdrawal of that description from listing.
  (4) If the state or other governmental agency is acquiring listed land by purchase, gift, donation, condemnation, or exchange, that land must shall be withdrawn from listing by the owner before the title transfer of title is completed. If the title is transferred without prior withdrawal, the state or other governmental agency shall withdraw the land pursuant to MCL 324.51108 without fee or penalty.
  (5) If listed land is being acquired by an entity whose land is exempted from ad valorem real property taxes pursuant to the provisions of the general property tax act, 1893 PA 206, as amended, MCL 211.1 to MCL 211.155, the land shall be withdrawn from listing by the owner of record before the title transfer is completed.  If the title is transferred without prior withdrawal, the acquiring entity shall withdraw the land pursuant to MCL 324.51108 the acquiring entity shall not be required to withdraw the land if the land will remain on the commercial forest specific tax roll and the land is in compliance with all other requirements of the commercial forest program.