SB 687

Act
No. 70
Public
Acts of 2025
Approved
by the Governor
December
23, 2025
Filed
with the Secretary of State
December
23, 2025
EFFECTIVE
DATE:� December 23, 2025
state of michigan
103rd Legislature
Regular session of 2025
Introduced by Senators Singh, Daley, Lauwers, Shink and
Cherry
ENROLLED SENATE BILL No. 687
AN ACT to amend 1994 PA 451,
entitled �An act to protect the environment and natural resources of the state;
to codify, revise, consolidate, and classify laws relating to the environment
and natural resources of the state; to regulate the discharge of certain
substances into the environment; to regulate the use of certain lands, waters,
and other natural resources of the state; to protect the people�s right to hunt
and fish; to prescribe the powers and duties of certain state and local
agencies and officials; to provide for certain charges, fees, assessments, and
donations; to provide certain appropriations; to prescribe penalties and
provide remedies; and to repeal acts and parts of acts,� by amending section
36206 (MCL 324.36206), as amended by 2002 PA 75.
The People of the State of
Michigan enact:
Sec.
36206. (1) After the board determines which grants should be awarded, and the
amount of the grants, the department shall distribute the grants to the local
units of government awarded the grants. The department shall condition the
receipt of a grant upon the department�s approval of the agricultural
conservation easements being acquired.
(2) In reviewing permitted uses in an agricultural
conservation easement under subsection (1), the department shall consider whether
the permitted uses do the following:
(a) Adversely affect the productivity of farmland.
(b) Materially alter or negatively affect the existing
conditions or use of the land.
(c) Result in a material alteration of an existing structure
to a nonagricultural use.
(d) Conform with all applicable federal and state laws and
local ordinances.
(3) The department may accept contributions of all the
development rights to 1 or more parcels of land, including a conservation
easement or a historic preservation easement as defined in section 2140. This
subsection does not require the department to be added as a coholder of an existing
conservation easement as defined in section 2140.
(4) A local unit of government that purchases an agricultural
conservation easement with money from a grant may purchase the agricultural
conservation easement through an installment purchase agreement under terms
negotiated by the local unit of government.
(5) An agricultural conservation easement acquired under this
part may be held jointly by this state and the local unit of government in
which the land subject to the agricultural conservation easement is located.
However, this state may delegate enforcement authority of 1 or more
agricultural conservation easements to the local units of government in which
the agricultural conservation easements are located. Alternatively, upon
request by the local unit of government and approval by the board, the agricultural
conservation easement may be held solely by the local unit of government if the
easement instrument includes the following language:
�Pursuant to part 362 of the natural resources and environmental
protection act, 1994 PA 451, the state of Michigan is granted a third party right
of enforcement. This right may be exercised if the primary easement holder
fails to enforce any of the terms of this easement, as determined in the sole
discretion of the state. The state may enter the protected property, with
reasonable notice, for the purpose of inspection and enforcement, and may
pursue all available legal and equitable remedies to uphold the purposes of the
easement. Such entry shall not unreasonably interfere with the landowner�s
quiet use and enjoyment of the property.�
(6) An agricultural conservation easement acquired under this
part may be transferred to the owner of the property subject to the
agricultural conservation easement if this state and the local unit of
government holding the agricultural conservation easement agree to the transfer
and the terms of the transfer.
(7) Section 36109 provides for tax credits for an owner of
farmland subject to an agricultural conservation easement under this section.
Enacting
section 1. This amendatory act does not take effect unless all of the following
bills of the 103rd Legislature are enacted into law:
(a)
Senate Bill No. 688.
(b) Senate Bill No. 690.
(c) Senate Bill No. 686.
(d) Senate Bill No. 689.
(e) Senate Bill No. 685.
This
act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of
Representatives
Approved___________________________________________
____________________________________________________
Governor