Section R. 299.2604 - Land; eligibility for listingRule 4.
(1) To be eligible for listing, land must 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.(6) Leasing and exploration for minerals and wind energy production are permitted on land listed under the act. Land that is included on an application for listing that is subject to mineral or wind energy leases or upon which exploration is occurring may be considered for listing if otherwise eligible.(7) Commercial extraction of oil and gas is permitted on land listed under the act. Land that is included on an application for listing that is subject to oil and gas extraction may be considered for listing if otherwise eligible. All of the following pertain to owners extracting oil and gas:(a) At least 30 days before 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 storage or compression and any associated structures are not permitted on land listed under the act.(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 extraction.(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 extraction.(10) The owner of listed land shall advise the department of any commercial mineral extraction operations or wind energy production and initiate withdrawal of the listed land affected before mineral extraction or wind energy production.(11) If commercial metallic, nonmetallic, or other mineral extraction occurs, except oil and gas, the affected land to be withdrawn must 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:(iv) Processing facilities.(vi) Water and tailings basins.(vii) Shipping facilities.(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.(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 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 be approved for a period not to exceed 2 years. If removal is not completed within the approved time period, a new application must be submitted for the same description.(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 be restricted only to the area needed for efficient and safe operation of the exploratory or extraction site and must be limited to the time during which exploration or extraction occurs.(15) Tree plantations, to be eligible for listing and if otherwise eligible, must have survived through the first 2 growing seasons after planting and, at the time of application, must carry sufficient forest growth of suitable character and distribution to ensure that a stand of merchantable timber will be developed within a reasonable time.(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 non-stocked but productive land. This subrule applies to each description even though it may be contiguous to other descriptions already listed by the same owner or being listed by the same owner.(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.(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.Mich. Admin. Code R. 299.2604
1979 AC; 1987 AACS; 2014 AACS; 2023 MR 21, Eff. 11/6/2023