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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
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