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Act No. 69
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 Daley, Singh, Lauwers, Shink and Cherry
ENROLLED SENATE BILL No. 686
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 c ertain 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 36110 (MCL 324.36110), as amended by 2016 PA 265.
The People of the State of Michigan enact:
Sec. 36110. (1) Land subject to a development rights agreement or easement may be sold without penalty
under sections 36111, 36112, and 36113, if the use of the land by the successor in title complies with the
development rights agreement or easement. The seller shall notify the governmental authority having jurisdiction
over the development rights of the change in ownership.
(2) If the owner of land subject to a development rights agreement or easement dies or becomes totally and
permanently disabled or if an individual essential to the operation of the farm dies or becomes totally and
permanently disabled, the land may be relinquished from the program under this part and is subject to a lien
pursuant to sections 36111(11), 36112(7), and 36113(7). A request for relinquishment under this section shall be
made within 3 years after the date of death or disability. A request for relinquishment under this subsection shall
be made only by the owner in case of a disability or, in case of death, the person who becomes the owner through
survivorship or inheritance.
(3) If an owner of land subject to a development rights agreement becomes totally and permanently disabled
or dies, land containing structures that were present before the recording of the development rights agreement
may be relinquished from the agreement , upon request of the disabled agreement holder or upon request of the
person who becomes an owner through survivorship or inheritance, and upon approval of the local governing body
and the state land use agency. Not more than 2 acres may be relinquished under this subsection unless additional
land area is needed to encompass all of the buildings located on the parcel, in which case not more than 5 acres
may be relinquished. If the size of the parcel proposed to be relinquished is less than that required by local zoning,
the parcel shall not be relinquished unless a variance is obtained from the local zoning board of appeals to allow
for the smaller parcel size. The portion of the farmland relinquished from the development rights agreement
under this subsection is subject to a lien pursuant to section 36111(11).
(4) If approved by the local governing body and the state land use agency, not more than 1 acre of land, as
determined by a professional surveyor licensed in this state, may be relinquished from an agricultural
conservation easement or development rights agreement. If the size of the pa rcel proposed to be relinquished is
less than that required by local zoning, the parcel shall not be relinquished unless a variance is obtained from the
local zoning board of appeals to allow for the smaller parcel size.
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(5) The land described in a development rights agreement may be divided into smaller parcels of land and
remains subject to the same terms and conditions as the original development rights agreement. The smaller
parcels created by the division must meet the minimum requirements for being enrolled under this part or be
40 acres or more in size. Farmland may be divided once under this subsection without payment of a fee to the
state land use agency. The state land use agency may charge a reasonable fee not greater than the state land use
agency’s actual cost of dividing the agreement for all subsequent divisions of that farmland. When a division of a
development rights agreement is made under this subsection and is executed and recorded, the state land use
agency shall notify the applicant, the local governing body and its assessing office, all reviewing agencies, and the
department of treasury.
(6) As used in this section, “individual essential to the operation of the farm ” means a co -owner, partner,
shareholder, farm manager, or family member, who, to a material extent, cultivates, operates, or manages
farmland under this part. An individual is considered involved to a material extent if the individual does 1 or
more of the following:
(a) Has a financial interest equal to or greater than 1/2 the cost of producing the crops, livestock, or products
and inspects and advises and consults with the owner on production activities.
(b) Works 1,040 hours or more annually in activities connected with production of the farming operation.
(7) The state land use agency shall not charge a fee to process a change of ownership under subsection (1).
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. 685.
(b) Senate Bill No. 687.
(c) Senate Bill No. 688.
(d) Senate Bill No. 689.
(e) Senate Bill No. 690.
(f) Senate Bill No. 699.
This act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved___________________________________________
____________________________________________________
Governor