• DNR Department Procedure 2604.4 - Use of State-Owned Lands Administered by the Department, dated September 12, 2005

• DNR Parks & Recreation Division Policy 8.7 Use Permits, dated October, 2003

It shall be the policy of the Natural Resources Commission (NRC) to manage State-owned lands in a manner that protects and enhances the public trust while providing for the use and enjoyment of those lands as outlined in the Natural Resources and Environmental Protection Act.  Applications to use State-owned lands will be considered and may be approved if the proposed use is consistent with other public interest and natural resource values.

To provide for a consistent State-wide review and appropriate determination process for applications to use State-owned lands administered by the Michigan Department of Natural Resources (Department), including State Game Areas, State Parks and Recreation Areas, State Forests and Public Water Access Sites.  

This does not include applications for easements for public utilities or pipelines or public roads which are governed by NRC Policy 4605 - Easement for the Use of State Lands and DNR Policy/Procedure 28.46.05.

Requirements

Applicants must submit a completed Application/Permit to Use State Land Event Use (PR 1138) or Application/Permit to Use State Land  (PR1138-1), whichever may be applicable to the type of use requested, at least sixty (60) days in advance of the proposed use.  This will provide for consistent and timely review by the Department.

The Land Manager for the Land Administering Division (LAD) is the Department representative in charge of reviewing use applications and the issuance of use permits for certain types of uses of State-owned surface lands.  The LAD Lansing Office is responsible for  final review and issuance of written permission for certain types of intensive/exclusive and/or long-term uses of State land.

The Land Manager is responsible for gathering primary review comments and recommendations from other involved Department staff.

Use Permit criteria includes:

1. the duration of the use of State-owned land is one (1) year or less;

2. no permanent structures or alterations are to be created by the Permittee; and

3. no exclusive use or occupation of the State-owned land is granted.

Lease criteria includes:

1. the duration of the use of State-owned land is greater than one (1)  year; and

2. exclusive use or occupation of the State-owned land is granted; or

3. permanent structures, alterations, or complex activities are being conducted, and the activity requires the enforcement of detailed boilerplate conditions (i.e., detailed insurance, indemnification, bonds, disputes, stipulated damages, etc.)

Use Permits and/or Leases that were active prior to the issuance of this Procedure shall be converted to the proper format (Lease or Use Permit) upon renewal.  Each Land Administering Division (LAD) of the Department may undertake a systematic effort to review and re-draft or rescind improper instruments.

Reference

• R299.921 to R299.933 of the Michigan Administrative Code, Law Enforcement Division, Regulation Of Lands Administered By The Department Of Natural Resources , Revised December 28, 2004.

• DNR Policy and Procedure 27.23.13, Oil and Gas Well Site Applications, State-Owned Lands

• DNR Policy/Procedure 26.01-01, Lands – DNR-as-Lessor, Leases of State Lands and Property

Information

The Land Manager for the LAD is the Department representative in charge of reviewing use applications and the issuance of use permits for certain types of uses of State-owned surface lands.  The LAD Lansing Office is responsible for  final review and issuance of written permission for certain types of intensive/exclusive and/or long-term uses of State land (leases, concessionaire agreements, and complex use permits).

The Land Manager is responsible for gathering primary review comments and recommendations from other involved Department staff.

Parks and Recreation Division, Resource Mgt Section, 517-335-5695

Forest, Mineral, and Fire Management Division, Mineral and Land Mgt, 517-335-3337

Wildlife Division, Asst to Field Operations Supervisor, 517-641-4903

• PR1138, Application/Permit to Use State Land (Event)

• PR1138-1, Application/Permit to Use State Land (NON-Event)

• PR1138-2, Application/Permit to Use State Land (EXHIBIT)

• IC1141, State Surface Land Use Fee Schedule

• Department Lease Agreements

1. Contacts the Land Manager by telephone or in writing prior to submitting an application to discuss the proposed use to determine if the proposed use and or location can even be considered.

Land Manager

2. Reviews submitted information and advises applicant of any known or apparent legal, policy, management or resource constraint which may result in denial of an application.  This is preliminary advice only, based on immediate knowledge at hand.  Provides PR1138 or PR1138-1, Application/Permit To Use State Land, to the applicant.  The Land Manager should refer to the “Use Permits-Staff Instructions” for further direction and guidance.

3. Submits written application using PR1138 or PR1138-1, Application/Permit To Use State Land, along with additional application information and application/review fee to the Land Manager.  The Application must include all requested information to be considered a complete application by the Department.  The complete application must be submitted at least sixty (60) days prior to requested date of use.  The type of use requested will determine the additional information/documentation needed as follows:

1. Events:  As indicated on the Application/Permit to Use State Land, PR1138.

2. Oil and Gas Well Sites:  As required under DNR Policy and Procedure 27.23.13.  The review should be accomplished using DNR Policy and Procedure 27.23.13.

3. Camping:  As indicated on the Application/Permit To Use State Land, PR1138 and PR1138-1.

4. Commercial Operations and uses other than above:  As indicated on Application/Permit to Use State Land, PR1138-1, the complete statement describing the proposed use should also include a statement of need as well as a summary statement of Applicant’s former and current operations.

5. Insurance:  If the applicant has existing insurance coverage to the minimums on Application/Permit to Use State Land, PR1138 or PR1138-1, proof of that coverage should be submitted with the application.

6. Performance Bond:  As determined by the Department, based on proposed use.  If Applicant has existing bond for use of State-owned land, it should be provided with the Application.

4. Upon receipt of the Application and Application and Review Fee, reviews for completeness of the Application.  If incomplete, advises the Applicant what information or fee is missing and requests submission prior to proceeding with review of the Application.

5. If the Application is incomplete, provides the additional necessary information and documentation required to the Land Manager.

7. Reviews application package for proposed uses which are intensive and/or exclusive and/or long-term in nature.  If the proposed use(s) appear to be compatible with State law, Administrative Rules and NRC Policy and Department or Division Management Plans, a Department review is initiated.

SHORT-TERM, LIMITED INTENSITY/NON-EXCLUSIVE TYPE USES OF STATE LAND

Land Manager

9. Completes the local review of requests for short-term, limited intensity/non-exclusive type uses of State land.  Evaluates the proposed use with the criteria for uses of State land.

10. If approved, offers to the applicant a Use Permit with use-specific terms and conditions stated on Exhibit to Application/Permit to Use State Land (PR1138-2), including Performance bond and insurance, if required.

Example of an approved/permitted Use:  A one-day non-motorized or motorized event on an existing Department trail which has hosted previous similar permitted events.

11. If denied, advises Applicant in writing that the application is denied including the reasons and basis for denial.

13. Determines all Permit issuance requirements have been met and approves the Permit and distributes copies to the Permittee/Applicant and designated Offices.

Land Manager

14. Completes the local review with other resource managers of a request for long-term and/or intensive and/or exclusive type uses of State land.  Evaluation of the proposed use utilizes the criteria for the use of State land.  Provides the review comments and recommendations to the LAD District Manager.

LAD District Manager

15. Completes the review at the District level and if there is concurrence, forwards comments and review recommendations to the Lansing LAD Office.  If there is not agreement on a recommendation, forwards review recommendations to the LAD Field Coordinator for resolution.

LAD Field Coordinator

16. Reviews forwarded split recommendations with other Resource Division Field Coordinators, and forwards their joint recommendations for approval or disapproval to the Lansing LAD Office.

Lansing LAD Office

17. Reviews staff recommendations and, if for an approved Use, determines what form of written permission is needed and then proceeds with the formal approval and issuance process.  If Application is for a Lease or Concession Agreement, that process will be as delineated by separate Department Procedure.  If Application is for a Use Permit, a Permit will be prepared incorporating use-specific terms and conditions and stated on Exhibit to Application/Permit to Use State Land (PR1138-2) and then offered to the Applicant.  This includes Performance Bond and Insurance if required.

18. If a determination is made by the Lansing LAD Office to deny the application for use, the Lansing Office notifies the Applicant, in writing, of its denial of the application including the reasons and basis for denial.

Applicant

19. If the application is approved, reviews and agrees to the terms and conditions of the Use Permit, Lease or Concession Agreement or other written permission and pays required Use Fees or Rent, Monitoring Fee or Vegetation/Surface Damage Fee as applicable and provides Proof of Insurance Coverage and Performance Bond to the required amounts if not already provided.

             OR

    Decides not to accept and so advises the Lansing LAD office in writing.

Lansing LAD Office

20. Determines the package is complete and approves the Permit, Lease, Concession Agreement, or other written permission and distributes copies to Applicant and all interested or involved offices/parties.