DEPARTMENT OF
NATURAL RESOURCES / PROCEDURE
FOREST resources division
RESOURCE PROTECTION AND COOPERATIVE PROGRAMS SECTION / NO: 377
approved:
SUBJECT: / CommercialForest (CF) Land Violations and Declassification
REFERENCE / Parts 511 and 512, 1994 PA 451, Commercial Forests
POLICY: / It shall be the policy of the Department of Natural Resources (DNR) to provide for the protection, integrated management, and responsible use of a healthy, productive forest and mineral resource base for the social, recreational, environmental, and economic benefit of the people of Michigan. The CF program shall be administered to ensure compliance with the requirements of Part 511 Commercial Forests (324.51101...324.51120), Part 512 SustainableForest Conservation Easement Tax Incentives (324.51201...324.51201) and other applicable administrative rules.
PURPOSE: / To provide a consistent method of investigating and processing an allegationof violation of Parts 511 and 512 and providea procedure to remove land from the CF program determined to be in violation.
EachLandowner enrolled in the CF program shall be in full compliance with all requirements of the CF program. Ifa Landowner has allegedly violated any of the applicable laws or rules that govern the CF program, the DNR shall provide the Landowner with written notice to correct the alleged violation. Dependantupon the severity of the alleged violation and the action taken by the Landowner, the DNR may: (1) allow more time for the Landowner to correct the alleged violation, (2) request that the Landowner withdraw the parcel of land where the alleged violation exists, or (3) proceed with declassification of the parcel.
RELATED
PROCEDURES:
WHO / DOES WHAT
Forestry field staff with Lansing Resource Protection and Cooperative Programs Section support / Violation complaints and declassifications should be coordinated through the Resource Protection and Cooperative Programs Section (RPCP) of the FRD. Complaints may be initiated by the Section Manager, a DNR Service Forester, the CF Program Leader, other employees, or public inquiry. The original complaint should be submitted to the CF Program Leader. A file and formal investigation and analysis will be initiated.
All correspondence to the Landowner regarding violations and declassificationwill be by certified mail, or commercial package delivery such as UPS orFed Ex, or under Proof of Service. All contact with the Landowner will be documented (telephone or written).
1)Analyze possible violation.
a)Identify the violation and the reason for possible declassification, including the applicable citation to the CF law and/or administrative rules.
b)Document the violation in writing and includerelevant source information, such as photographs, information provided by local government and/or any other source.
c)Review the original CF list file and forest management plan, if necessary.
d)Determine if the Landowner has other CF land that is affected by the violation or that may also be in violation, and if so, evaluate the possibility of declassifying the additional land simultaneously.
e)Determine if the possible withdrawal will affect public access to any other enrolled parcels.
f)Request case review by the DNROffice of Legal Services, (OLS)and the Department of Attorney General (AG), as appropriate.
Forestry field staff with Lansing Resource Protection and Cooperative Programs Section support / 2)Notify Landowner of alleged violation.
a)Send the Landowner a letter and include the following:
i)A violation has been reported;
ii)The DNR’s initial review of the reported violation has shown there is a violation;
iii)Advise the Landowner how to remedy the violation;
iv)Give the Landowner a date by which he/she must either remedy the violation or submit a withdrawal application (within 30 days from postmark of letter).
v)That the violation may also result in Landowner’s prosecution for a misdemeanor or felony pursuant to MCL 324.51120.
vi)That failure by the Landowner to respond with a remedy of the violation or withdrawal of the land will result in the DNR scheduling a Compliance Conference to begin declassification of the land.
vii)Notify local government and DNR-LED official(s) by providing “cc” of letter.
b)Work with the Landowner to remedy the violation and bring the parcel into compliance.
c)If the violation is resolved, note resolution in file, send the Landowner a letter, including all parties who received “cc” onoriginal violation letter,and close the violation file.
d)If the violation is not resolved, proceed with the scheduling of a ComplianceConference.
Resource Protection and Cooperative Programs Section and Office of Legal Services / 3)Schedule ComplianceConference.
a)RPCP staff work with Office of Legal Services staff to draft the Administrative Complaint, Notice of Compliance Conference, and Proof of Service.
b)The Administrative Complaint will:
i)State background facts that provide the bases of the Complaint
ii)Identify the parcel(s) by full legal description;
iii)Identify the violation;
iv)List each violation as a separate Count in the Complaint and
v)Identifyeach sectionof law and/or administrative rules that have been allegedly violated;
c)The Notice of Compliance Conference serves to inform the Landowner (Respondent)
i)A written response is required from the Landowner within 30 days of the date of receipt.
ii)The date, time and place of the scheduledconference. Compliance Conferencesshall be held in Lansing, and will be conducted by a hearings officer from the Office of Legal Services.
iii)That this is Landowner’s opportunity to show compliance with requirements of the CF law and/or administrative rules.
Office of Legal Services / 4)The Hearings Officer conducts the Compliance Conference.
a)If the Landowner and DNR come to agreement at the conference to allow the Landowner to come into compliance by a certain date to avoid declassification, a Compliance Agreement may be drafted and signed by both parties.
b)If the Landowner is still non-compliant as a result of the conference (or a no-show, or has refused/returned the complaint), the Hearings Officer sends a summary of the conference proceedings and recommendation to declassify to the FRD Chief.
LansingResource Protection and Cooperative Programs Section / 5)The FRD Chiefand Section Manager review the recommendation and determine if the DNR should proceed with declassification of the lands in question. The Section Manager will notify the Landowner of the determinationin writing within 20business days of the Compliance Conference.
a)If the DNR finds no basis on which to proceed, the violation file will be closed and a letter will notify the Landowner and local government officials accordingly.
b)If the FRD ChiefandSection Manager find a basis to proceed, the determination will include a Notice of Declassification as prescribed in MCL324.51116. The DNR will proceed with declassifying the lands.
LansingResource Protection and Cooperative Programs Section / 6)The declassification will be processed as follows:
a)A declassification certificate will be prepared (effective on the date of the Notice of Declassification) and signed on behalf of the DNR, by the Section Manager, and recorded with the register of deeds of the county in which the land is located.
b)The declassification certificate will include the penalty amount due to the Township Treasurer as prescribed in MCL 324.51108 and 324.51116.
c)The Landowner must also pay an application fee to the State of Michigan as prescribed in MCL324.51108 and 324.51116. The DNR will seek this payment through the Michigan Department of Treasury.
d)The land is subject to ad valorem general property tax in the tax yearimmediately following the declassification.
e)The Landowner and all local government officials will be notified of the effective date of declassification. A copy of the declassification certificate as recorded will be provided to the Landowner and local government officials when it is available.
Approved by:______
William O’Neill, Acting ChiefDate
Forest Resources Division
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