Michigan Office of Administrative Hearings and Rules

MOAHR-Rules@michigan.gov

AGENCY REPORT TO THE

JOINT COMMITEE ON ADMNINISTRATIVE RULES (JCAR)

1. Agency Information

Agency name:

Natural Resources

Division/Bureau/Office:

Forest Resource Division

Name of person completing this form:

Karen Maidlow

Phone number of person completing this form:

517-284-5849

E-mail of person completing this form:

MAIDLOWK@michigan.gov

Name of Department Regulatory Affairs Officer reviewing this form:

Margaret Rost

2. Rule Set Information

MOAHR assigned rule set number:

2021-75 NR

Title of proposed rule set:

Commercial Forests

3. Purpose for the proposed rules and background:

MCL 324.51102 states that the department shall establish and maintain commercial forests and may

promulgate and enforce rules as necessary to accomplish the purpose of this part. The changes are

necessary to remove conflicting and duplicative language, and to correct errors.

4. Summary of proposed rules:

The proposed rule changes are intended to provide clarification of administrative processes and

remove language in conflict with Part 511, Commercial Forests, of the Natural Resources and

Environmental Protection Act, 1994 PA 451, as amended.

5. List names of newspapers in which the notice of public hearing was published and

publication dates:

Jackson Citizen Patriot, August 1, 2023.

St. Ignace News, August 2, 2023.

Traverse City Record-Eagle, August 2, 2023.

6. Date of publication of rules and notice of public hearing in Michigan Register:

8/15/2023

7. Date, time, and location of public hearing:

MCL 24.242 and 24.245

Agency Report to JCAR-Page 2

8/17/2023 02:00 PM at ConHall-AT-ConCon , Constitution Hall, 525 West Allegan Street, Lansing,

MI 48933

8. Provide the link the agency used to post the regulatory impact statement and cost-benefit

analysis on its website:

https://ARS.apps.lara.state.mi.us/Transaction/RFRTransaction?TransactionID=1333

9. List of the name and title of agency representative(s) who attended the public hearing:

Karen Maidlow, Commercial Forest Program Leader, Department of Natural Resources.

Margaret Rost, Legal Policy Specialist, Department of Natural Resources.

10. Persons submitting comments of support:

Jason Wadaga, V.P. of Government Affairs, Kindsvatter, Dalling & Associates, on behalf of Justin

Knepper, Executive Director, Michigan Association of Timberman.

Eric E. Stier, Regional Manager, American Forest Management.

Timothy P. Schneider, Resource Planning & Development Mgr., J.M. Longyear, LLC.

William D. O'Brion, General Manager, Lyme Great Lakes Timberlands LLC.

Luke Thiel, on behalf of the Michigan Forest Products Council.

11. Persons submitting comments of opposition:

None.

12. Persons submitting other comments:

None.

13. Identify any changes made to the proposed rules based on comments received during the

public comment period:

MCL 24.242 and 24.245

Agency Report to JCAR-Page 3

Name &

Organization public hearing

Comments made at Written

Agency Rationale Rule number

for Rule Change & citation

and Description changed

of Change(s)

Comments

Made

1

Justin Knepper,

Michigan

Association of

Timberman

Recommended

changing the 30- restricts

day notice for the adaptability and

harvest

The 30 days

299.2606 (1)

The owner of

listed land

responsiveness to shall report to

notification form market demands the

to 7 days.

and unforeseen

circumstances.

department an

intent to

DNR changed 30 harvest on a

days to 10 days to form

allow for enough prescribed by

time for staff to

the

review the form. department

not less than

10 days

before

cutting,

harvesting, or

removing

forest

products from

listed land.

MCL 24.242 and 24.245

Agency Report to JCAR-Page 4

2

Eric Stier,

American

Forest

Recommended

changing

language for Rule with "will"

DNR agrees to

replace the "may" 299.2608(6)

Rule

If the

Management

8 (6) to say

because any time township has

department will this situation

administratively happens an

withdraw instead administrative

of may withdraw. withdrawal will

have to occur.

removed

listed land

from the

specific tax

roll and

placed the

land on the ad

valorem tax

roll in error,

the

department

will

administrative

ly withdraw

the land

without

application,

application

fee, or

penalty.

14.Date report completed:

9/21/2023

MCL 24.242 and 24.245