Michigan Laws 324.51513 – Administration of part; rules; investigations; surveys; construction of part as to other law enforcement agencies and local ordinances and regulations
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In Michigan Laws 324.51513
- Department: means the department of natural resources. See Michigan Laws 324.51501
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- prescribed burning: means the burning, in compliance with a prescription and to meet planned fire or land management objectives, of a continuous cover of fuels. See Michigan Laws 324.51501
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) The department shall administer this part and shall promulgate rules necessary to implement this part. The department shall adopt rules governing prescribed burning and for certifying and decertifying prescribed burn managers based on their past experience, training, certification by another state, and record of compliance with section 51503b. The department shall submit the proposed rules for public hearing pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, within 6 months after the effective date of the 2004 amendatory act that amended this section.
(2) The department may make, conduct, or participate in investigations and surveys designed to establish the cause of or responsibility for a particular forest fire or forest fire conditions generally.
(3) This part does not limit or otherwise impair the jurisdiction or powers of any other department, agency, or officer of this state to investigate, apprehend, and prosecute violators of this part. This part does not preempt local ordinances or local regulations that are as restrictive or more restrictive than this part, except to the extent the ordinances or regulations conflict with the exemption from liability for, or otherwise apply to either of the following:
(a) Prescribed burns conducted in compliance with section 51503b.
(b) Prescribed burns conducted by a federal agency or state agency on land that the agency is authorized to manage.