Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
611 W. Ottawa Street  
Lansing, MI 48909  
Phone: 517-335-8658 Fax: 517-335-9512  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
Natural Resources  
2. Bureau:  
Forest Resource Division  
3. Promulgation type:  
Full Process  
4. Title of proposed rule set:  
Commercial Forests  
5. Rule numbers or rule set range of numbers:  
R 299.2601 - R 299.2612  
6. Estimated time frame:  
12 months  
Name of person filling out RFR:  
Karen Maidlow  
E-mail of person filling out RFR:  
MAIDLOWK@michigan.gov  
Phone number of person filling out RFR:  
517-284-5849  
Address of person filling out RFR:  
525 West Allegan  
Lansing, MI 30452  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
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.  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
Department of Natural Resources Director.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
MCL 324.51101 to 324.51120.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
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.  
9. Please describe the extent to which the rules conflict with or duplicate similar rules,  
compliance requirements, or other standards adopted at the state, regional, or federal level.  
MCL 24.239  
RFR-Page 2  
The rules have numerous instances of duplicative and conflicting language with the statute. For  
example, the statute states commercial forest land shall not be used for residential or  
developmental purposes, but the rules allow structures and improvements if they are for the sole  
purpose of commercial forest activity.  
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda?  
No.  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed  
for the current year?  
Yes. The rules are listed on the department’s annual regulatory plan as rules to be processed for the  
current year.  
12. Will the proposed rules be promulgated under Section 44 of the Administrative Procedures  
Act, 1969 PA 306, MCL 24.244, or under the full rulemaking process?  
Full Process  
13. Please describe the extent to which the rules exceed similar regulations, compliance  
requirements, or other standards adopted at the state, regional, or federal level.  
The statute states commercial forest land shall not be used for residential or developmental  
purposes, but the rules allow structures and improvements if they are for the sole purpose of  
commercial forest activity. To the best of our knowledge, the DNR has never allowed structures  
and improvements on CF land because it would be impossible to monitor whether they were used  
strictly for commercial forest activity.  
14. Do the rules incorporate the recommendations received from the public regarding any  
complaints or comments regarding the rules? If yes, please explain.  
No.  
15. If amending an existing rule set, please provide the date of the last evaluation of the rules  
and the degree, if any, to which technology, economic conditions, or other factors have changed  
the regulatory activity covered by the rules since the last evaluation.  
The date of the last evaluation of the rules was December 4, 2014. There have been no changes to  
the regulatory activity covered by the rules since the last evaluation due to technology, economic  
conditions, or other factors.  
16. Are there any changes or developments since implementation that demonstrate there is no  
continued need for the rules, or any portion of the rules?  
No.  
17. Is there an applicable decision record (as defined in MCL 24.203(6) and required by MCL  
24.239(2))? If so, please attach the decision record.  
No  
MCL 24.239  
;