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Go Back   Hummer Forums by Elcova > General Hummer Talk > Land Use Issues

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  #1  
Old 07-18-2008, 03:05 AM
Yetti Yetti is offline
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Default Its Official! Michigan has a new ORV law!

Press release on 4323; signed by the Gov
Press release from Rep Sheltron. .pdf attached below. Grabbed latest I could find, Should be passed version.
++++++++++++++++++++++++++++++++++++++++++++++++
Friends:

House Bill 4323, which provides clear legal authority for counties, townships, cities and villages in northern Michigan to allow ORVs on their road shoulders was signed into law this morning. It is now Public Act 240 of 2008.

Counties, cities and villages may begin the process of adopting their ordinances immediately. Under the new law, counties must provide a 45 day comment period to their country road commissioners and the DNR (if state forest land is in the county). County ordinances won't go into affect until approved by the county board of commissioners following this 45 day period. Cities and villages do not need to provide a comment period and could adopt ordinances for their streets beginning today. Under law, townships may not begin the process of adopting their ordinances until July 17, 2009 unless empowered by the county to do so sooner. A model ordinance will be available through my office or by contacting the Michigan Association of Counties.

Please be aware that the new law removed the old "access route" language previously in law. Consequently, none of the existing ORV ordinances in any northern Michigan county, including the counties in Upper Peninsula are valid. Until new ordinances are adopted, it is not legal to drive an ORV on a road or street anywhere in Michigan.

Another common question about the new law is whether it covers golf carts. While it is possible to drive a golf cart on an ORV trail in the state provided it has an ORV permit, this does not legally make a golf cart an ORV. In order to qualify as an ORV, a golf cart has to capable of cross country travel without benefit of road or trail. While some golf carts have been modified to accomplish this and would likely qualify under the new law, the standard golf cart would not qualify.

I would like to thank all of you who helped in drafting this legislation during the public comment process and for helping lobby for this bill during the past two years. We overcame stiff opposition from the County Road Association of Michigan and various other Lansing special interests and bureaucrats. Many people doubted we would succeed. But today, we have prevailed in making a historic change to ORV law in Michigan.

Enjoy your weekend and start contacting your county commissioners to get an ordinance adopted in your area!

Thanks again,

Joel Sheltrown
State Representative
103rd House District
Attached Files2007-HNB-4323.pdf (83.3 KB, 3 views)
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  #2  
Old 07-18-2008, 03:05 AM
Yetti Yetti is offline
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Default Re: Its Official! Michigan has a new ORV law!

WE WIN!!!!!!!!
GOVERNOR SIGNS HB 4323 & HB 5559

July 17, 2008
Michigan Motorized Recreation Council
For Immediate Release:

We were informed moments ago; the Governor signed both ORV bills at 10:11 this morning, HB 4323 and the tie-bar bill regarding insurance, HB 5559 into Michigan law. Now referred to as Public Act 240 and Public Act 241 of 2008.

This now makes it clearly legal for Michigan counties and townships to open their roadways to ORV use on the “far right”, at a speed no greater than 25 mph, once a local ordinance is adopted. All youths must have DNR ORV safety training and be under visual supervision of an adult, able to come to their immediate aid as per current law.

We now begin the process of implementing these new laws for the benefit of the ORV user and Michigan’s economic climate. In reality, all current ordinances permitting ORV use on roadways became void once the Governor signed the bills because of language change.

A county must give a 45 day notice to the Road Commission, Sheriff and DNR forestry people within a county of the intent to adopt an ordinance as now clearly provided for under Michigan Compiled law.

Once a county adopts, every township is in, unless they choose to opt out. If after one year, a county don’t adopt an ordinance, a township may.

We have a draft wrote up and plan to be meeting with legal council from Michigan Association of Counties and have a master ordinance for the 43 counties affected by this change of law. Hopefully, we have uniform ordinances in all of northern Michigan.

Within a few days, we plan to have more answers and solutions available.

Our THANKS to Representative Joel Sheltrown (D) District 103 and his very affective aide Brady Schickinger, for getting the bill introduced and dealing with all 19 amendments.

THANKS to Senator Tony Stamas, (R) District 36 for stepping up to the plate in the Senate and making things happen there.

Every one of you who somehow played a part, by a phone call, e-mail or attended a hearing, whatever, deserve some of the greatest THANKS.
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  #3  
Old 07-18-2008, 12:36 PM
homeboy homeboy is offline
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Default Re: Its Official! Michigan has a new ORV law!

nice!i always hated having to trailer my quad a mile down the road to ride.good job on getting this passed!
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