2.4State-Owned Land Use Rules1
Committee Tip: Many DNR officers issue ORV tickets under the following State Land Use Rules when offenders are operating their ORVs in closed areas on state land instead of issuing a complaint for a misdemeanor under MCL 324.81133(1)(d).2
“On land owned or under the control of the [DNR], it is unlawful to do any of the following:
(a) Enter, use, or occupy state-owned land for any purpose where posted against entry, use, or occupancy, as ordered by the [DNR].
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(h) Destroy, damage, or remove a tree, including a dead and downed tree and woody debris, shrub, wildflower, grass, or other vegetation. Except in a wildlife food plot, this subdivision does not apply to picking and removing mushrooms, berries, and edible fruits or nuts for personal use.
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(k) Obstruct any road or trail in a manner that hinders public access to state-owned land.
(l) Park a vehicle of any type in an area posted as no parking; or, where a designated parking area exists, to park a vehicle of any type in an area other than the designated parking area. If a motor vehicle is found parked on state-owned land and is found to be in violation of this rule, the registered owner is prima facie responsible for the violation as defined in MCL 257.675c(1).
(m) Park any vehicle in or otherwise occupy a designated campsite, except by a registered camper or authorized visitor to a registered camper.
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(p) Use or operate any wheeled, motorized vehicle, except a [personal assistive mobility device (PAMD)], on state-owned land in the Upper Peninsula of this state, except on a designated route, a designated trail, a designated area, or a forest road not otherwise posted as closed due to the use of motorized vehicles or entry.
(q) Use or operate any wheeled, motorized vehicle, except a PAMD, on state-owned land in the Lower Peninsula of this state, except on a designated route, a designated trail, or a designated area. A wheeled, motorized vehicle that is properly registered under [MCL 257.1 to MCL 257.923], may be operated on a forest road not otherwise posted as closed to the use of motorized vehicles. . . .” Mich Admin Code, R 299.922.
B.Unlawful Acts in Specified Areas
“In addition to the unlawful acts specified in R 299.922, on state-owned land under the control of the [DNR] other than state parks, recreation areas, game and wildlife areas, designated campgrounds, and public access sites, it is unlawful to do any of the following:
(a) Park any wheeled, motorized vehicle more than 50 feet from the traveled portion of a road, forest road, parking lot, or trail open to such vehicle use.
(b) Use, operate, or possess a wheeled, motorized vehicle, except a [personal assistive mobility device (PAMD)], on a designated state forest pathway[.]” Mich Admin Code, R 299.924.
C.Unlawful Acts in Game and Wildlife Areas
“In addition to the unlawful acts specified in R 299.922, on state-owned land in a state game or wildlife area, it is unlawful to do any of the following:
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(b) Park any wheeled, motorized vehicle more than 50 feet from the traveled portion of a road, forest road, parking lot, or trail open to wheeled, motorized vehicle use.
(c) Operate any wheeled self-propelled or motorized vehicle, except a [personal assistive mobility device (PAMD)], including a snowmobile and bicycle, on other than a designated road open to the public, a trail, parking lot, or area properly signed by the [DNR] as being open to such use.” Mich Admin Code, R 299.926.
D.Unlawful Acts in State Parks and Recreation Areas
“In addition to the unlawful acts specified in R 299.922, in state parks, recreation areas, forest campgrounds, and pathway trailheads, it is unlawful to do any of the following:
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(p) Operate an ORV in a designated campground, except for entrance to and departure from a designated ORV campground or by order of the [DNR].
(q) Use, operate, or possess a wheeled, motorized vehicle, except for a [personal assistive mobility device (PAMD)], on a designated state forest pathway.” Mich Admin Code, R 299.927.