COUNTY AND REGIONAL PARKS

MCL ch. 46, subtit. Act 261 of 1965

in effect

MCL 46.351 County parks and recreation commission; creation; membership; terms; vacancy; commission as county agency; rules and regulations; compensation.

46.351. County parks and recreation commission; creation; membership; terms; vacancy; commission as county agency; rules and regulations; compensation. Sec. 1. (1) The county board of commissioners of a county, by resolution adopted by a 2/3 vote of all its members, may create a county parks and recreation commission, which shall be under the general control of the board of commissioners. (2) The county parks and recreation commission shall consist of the following members: (a) The chairperson of the county road commission or another road commissioner designated by the board of county road commissioners. (b) The county drain commissioner or an employee of the drain commissioner's office designated in writing by the drain commissioner. (c) One of the following: (i) In a county that elects a county executive under section 9 of 1973 PA 139, MCL 45.559, the county executive or a designee of the county executive. (ii) In a county with a population of 1,000,000 or less, the chairperson of the county planning commission or another member of the county planning commission designated by the county planning commission. In a county that does not have a county planning commission, the chairperson of the regional planning commission shall serve on the county parks and recreation commission if that person is a resident of that county. If the chairperson of the regional planning commission is not a resident of that county, then the board shall, by a 2/3 vote, appoint a member of the regional planning commission who is a resident of that county to serve on the county parks and recreation commission. (d) Seven members appointed by the county board of commissioners, not less than 1 and not more than 3 of whom shall be members of the board of commissioners. (e) For counties with a population greater than 750,000 but less than 1,000,000, the county board of commissioners shall appoint a neighborhood representative. The appointee under this subdivision shall be an officer of the homeowners or property owners association that represents the largest area geographically that is located totally or partially within 1,000 feet of the property boundary of the most frequently used county park who is willing to serve on the county parks and recreation commission. If a homeowners or property owners association is not located within 1,000 feet of that park or no officer is willing to serve, then the appointee shall be a resident who lives within 1/2 mile of that park and who is willing to serve on the county parks and recreation commission. If no resident lives within 1/2 mile of that park or no resident is willing to serve, then the appointee shall be a resident of the city, village, or township in which that park is located who is willing to serve on the county parks and recreation commission. The first appointment under this subdivision shall be made not more than 60 days from October 17, 2003 or not more than 60 days from the date a county qualifies for an appointment under this subdivision. (3) Of the members first appointed by the county board of commissioners, 2 shall be appointed for a term ending 1 year from the following January 1, 2 for a term ending 2 years from the following January 1, and 3 for a term ending 3 years from the following January 1. The first member appointed by a qualifying county under subsection (2)(e) shall be appointed for a term ending 2 years from the following January 1. From then on, each appointed member shall be appointed for a term of 3 years and until his or her successor is appointed and qualified. Each term shall expire at noon on January 1. A vacancy shall be filled by the county board of commissioners for the unexpired term. (4) The county parks and recreation commission is an agency of the county. The county board of commissioners may make rules and regulations with respect to the county parks and recreation commission as the board of commissioners considers advisable. The members of the county parks and recreation commission are not full-time officers. The county board of commissioners shall fix the compensation of the members. 1965, Act 261, Imd. Eff. July 21, 1965; Am. 1981, Act 223, Eff. Mar. 31, 1982; Am. 1986, Act 99, Imd. Eff. May 14, 1986; Am. 1990, Act 84, Imd. Eff. May 25, 1990; Am. 2000, Act 496, Imd. Eff. Jan. 11, 2001; Am. 2003, Act 187, Imd. Eff. Oct. 17, 2003; Am. 2006, Act 588, Imd. Eff. Jan. 3, 2007

MCL 46.352 Regional parks and recreation commission; creation; membership; terms; vacancies; compensation.

46.352. Regional parks and recreation commission; creation; membership; terms; vacancies; compensation. Sec. 2. The county boards of commissioners of 2 or more contiguous counties, by resolution adopted by a 2/3 vote of the members of each board, may create a regional parks and recreation commission. The commission shall consist of 4 members from each county including the chairperson of the county road commission or another road commissioner designated by the board of county road commissioners, and 3 members appointed by the county board of commissioners, at least 1 and not more than 2 of whom shall be members of the board of commissioners. Of the members first appointed, 1 each shall be appointed for terms ending 1, 2, and 3 years from the following January 1. Thereafter, each appointed member shall be appointed for a term of 3 years and until his or her successor is appointed and qualified. A vacancy shall be filled by the county board of commissioners for the unexpired term. Members of the regional parks and recreation commission shall not be full-time officers, and the regional parks and recreation commission shall fix the compensation of its members. 1965, Act 261, Imd. Eff. July 21, 1965; Am. 1986, Act 99, Imd. Eff. May 14, 1986

MCL 46.353 County commission and regional commission; election and terms of officers; treasurer; quorum; conducting business at public meeting; notice of meeting; bylaws; contracts.

46.353. County commission and regional commission; election and terms of officers; treasurer; quorum; conducting business at public meeting; notice of meeting; bylaws; contracts. Sec. 3. Each January a county commission and a regional commission shall elect from its membership a president, a secretary, and other officers as it considers necessary. The officers shall hold office for the calendar year in which they are elected and until their successors are elected and qualified. The county treasurer shall be treasurer of a county commission and the county treasurer of the county furnishing the larger portion of the approved budget shall be treasurer of a regional commission. A majority of the members of the commission shall constitute a quorum for the transaction of business and the business which a county or regional commission may perform shall be conducted at a public meeting of the county or regional commission held in compliance with Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michigan Compiled Laws. Public notice of the time, date, and place of the meeting shall be given in the manner required by Act No. 267 of the Public Acts of 1976. The county board of commissioners may authorize a county commission to adopt bylaws and enter into contracts. A regional commission may adopt bylaws and enter into contracts. 1965, Act 261, Imd. Eff. July 21, 1965; Am. 1966, Act 242, Imd. Eff. July 11, 1966; Am. 1977, Act 167, Imd. Eff. Nov. 17, 1977

MCL 46.354 County commission; appropriation for expenses.

46.354. County commission; appropriation for expenses. Sec. 4. The board of supervisors in its annual budget may provide for the expenses of a county commission, which shall be limited in its expenditures to amounts so appropriated unless a further appropriation is made by the board of supervisors. 1965, Act 261, Imd. Eff. July 21, 1965

MCL 46.355 Regional commission; appropriation or tax levy; annual budget, approval, effect.

46.355. Regional commission; appropriation or tax levy; annual budget, approval, effect. Sec. 5. The boards of supervisors of each county included in a region shall provide funds for a regional commission's operations by an appropriation from the general fund of the county, or by a tax levy for this purpose authorized by a vote of the qualified electors in each county. The commission annually shall present a budget to the boards of supervisors of the counties in the region. Upon approval of such budget by a majority of each of the boards of supervisors, the proposed budget shall be effective in all counties in the region. That part of the approved budget which is not financed by receipts from fees, gifts and other private sources shall be apportioned among the several counties on the basis of tax valuation. All appropriations shall be paid to the commission and disbursed under its direction. 1965, Act 261, Imd. Eff. July 21, 1965

MCL 46.356 County and regional commissions; study of facilities and needs, plan.

46.356. County and regional commissions; study of facilities and needs, plan. Sec. 6. A county or regional commission may study and ascertain the county or regions park, preserve, parkway and recreation and other conservation facilities, the need for such facilities and the extent to which such needs are being currently met, and prepare and adopt a coordinated plan of areas and facilities to meet such needs. 1965, Act 261, Imd. Eff. July 21, 1965

MCL 46.357 Filing of records, proposals, plans, and programs; availability of certain writings to public.

46.357. Filing of records, proposals, plans, and programs; availability of certain writings to public. Sec. 7. (1) A county or regional commission shall file with the department of natural resources a record of its land ownership, proposals for acquisition of land, and its general development plans and programs for improvement and maintenance of the land. (2) A writing prepared, owned, used, in the possession of, or retained by a county or regional commission, in the performance of an official function shall be available to the public in compliance with Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws. 1965, Act 261, Imd. Eff. July 21, 1965; Am. 1966, Act 242, Imd. Eff. July 11, 1966; Am. 1977, Act 167, Imd. Eff. Nov. 17, 1977

MCL 46.358 County and regional commissions; acquisition of property.

46.358. County and regional commissions; acquisition of property. Sec. 8. A county commission may acquire in the name of the county and a regional commission may acquire in its name by gift, purchase, lease, agreement, or otherwise, in fee or with conditions, suitable real property, within the county or region, or contiguous with or adjacent thereto, for public parks, preserves, parkways, playgrounds, recreation centers, wildlife areas, lands reserved for flood conditions for impounding runoff water, and other conservation purposes. In acquiring or accepting land, due consideration shall be given to its scenic, historic, archaeologic, recreational or other special features. 1965, Act 261, Imd. Eff. July 21, 1965

MCL 46.359 County and regional commissions; condemnation of private property.

46.359. County and regional commissions; condemnation of private property. Sec. 9. A county operating under this act or a regional commission may take private property necessary for any purpose within the scope of its powers under this act, for the use or benefit of the public, and institute and prosecute proceedings for that purpose under and in accordance with Act No. 149 of the Public Acts of 1911, as amended, being sections 213.21 to 213.41 of the Compiled Laws of 1948. 1965, Act 261, Imd. Eff. July 21, 1965

MCL 46.359a County and regional commissions; condemnation of property in another county.

46.359a. County and regional commissions; condemnation of property in another county. Sec. 9a. A county or regional commission desiring to acquire real property in another county not a member of a regional commission, shall notify the board of supervisors of the county wherein the real property to be taken is located of its intentions to institute proceedings under section 9; and, unless the members of the board of supervisors by a majority vote disapprove the contemplated action within 60 days of the receipt of notification by certified mail of such contemplated action the county or regional commission may proceed to institute proceedings pursuant to the provisions of section 9. Add. 1968, Act 102, Imd. Eff. June 7, 1968

MCL 46.360 County and regional commission; acceptance of gifts and bequests, grants-in-aid.

46.360. County and regional commission; acceptance of gifts and bequests, grants-in-aid. Sec. 10. A county commission may accept in the name of the county and a regional commission may accept in its name gifts, bequests, grants-in-aid, contributions and appropriations of money and other personal property for conservation purposes. 1965, Act 261, Imd. Eff. July 21, 1965; Am. 1966, Act 242, Imd. Eff. July 11, 1966

MCL 46.361 County and regional commissions; development and operation of facilities.

46.361. County and regional commissions; development and operation of facilities. Sec. 11. A county or regional commission may plan, develop, preserve, administer, maintain and operate park and recreational places and facilities and construct, reconstruct, alter and renew buildings and other structures. 1965, Act 261, Imd. Eff. July 21, 1965

MCL 46.362 County and regional commissions; custody, control and management of property.

46.362. County and regional commissions; custody, control and management of property. Sec. 12. A county or regional commission shall have the custody, control and management of all real and personal property acquired by the county or a regional commission for public parks, preserves, parkways, playgrounds, recreation centers, wildlife areas, lands reserved for flood conditions for impounding runoff water, and other county conservation or recreation purposes. 1965, Act 261, Imd. Eff. July 21, 1965

MCL 46.363 County and regional commissions; installation and maintenance of roads and parking facilities.

46.363. County and regional commissions; installation and maintenance of roads and parking facilities. Sec. 13. A county or regional commission may install and maintain road and parking facilities within areas under its control. 1965, Act 261, Imd. Eff. July 21, 1965

MCL 46.364 County and regional commissions; rules; violation of rules as misdemeanor; penalty; prohibited operation of vehicle as municipal civil infraction; enforcement; park rangers; police services.

46.364. County and regional commissions; rules; violation of rules as misdemeanor; penalty; prohibited operation of vehicle as municipal civil infraction; enforcement; park rangers; police services. Sec. 14. (1) A county or regional commission may adopt, amend, or repeal rules for the protection, regulation, and control of its facilities and areas with the approval of the county board or boards of commissioners. (2) Rules shall not be contrary to or inconsistent with the laws of this state. Rules shall not take effect until all of the following occur: (a) The elapse of 9 days after the rules are adopted by the county or regional commission. (b) The publication of the rules once a week for 2 consecutive weeks in a newspaper of general circulation in the county in which the area or facility to which the rules apply is located. (c) The posting of a copy of the rules near each gate or principal entrance to the area or facility. (3) Except as provided in subsection (4), a person who violates a rule adopted by a county or regional commission is guilty of a misdemeanor punishable by a fine of not more than $100.00 and costs of prosecution or by imprisonment for not more than 90 days, or both. (4) The operation of a vehicle on a recreational trailway at a time, in a place, or in a manner prohibited by a rule adopted by a county or regional commission is a municipal civil infraction, whether or not so designated by the rule. A civil fine ordered for a municipal civil infraction described in this subsection shall not exceed the maximum amount of a fine provided by the rule or $500.00, whichever is less. An act or omission described in this subsection is not a municipal civil infraction if that act or omission constitutes a violation or crime that is excluded from the definition of municipal civil infraction in section 113 of the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being section 600.113 of the Michigan Compiled Laws. (5) A county or regional commission may appoint park rangers who may be deputized by a sheriff to enforce the laws of this state. Whether deputized or not, park rangers may enforce the rules adopted by a county or regional commission and have the powers, privileges, and immunities conferred upon peace officers by the laws of this state. A park ranger shall not be appointed unless he or she meets the minimum standards established by the law enforcement officers training council. Park rangers shall exercise their authority and powers only on lands, waters, and property administered by or under the jurisdiction of a county or regional commission. (6) A county or regional commission may contract with townships, cities, villages, or sheriffs for police services required under this section and may appropriate and expend funds for those services. 1965, Act 261, Imd. Eff. July 21, 1965; Am. 1968, Act 216, Eff. Aug. 1, 1968; Am. 1994, Act 84, Eff. Oct. 1, 1994

MCL 46.365 County and regional commissions; charges and fees, collection, payment to county treasurer, uses.

46.365. County and regional commissions; charges and fees, collection, payment to county treasurer, uses. Sec. 15. A county or regional commission may charge and collect reasonable fees for the use of the facilities, privileges and conveniences provided. All charges and fees for the use of county facilities, privileges and conveniences shall be paid over to the county treasurer, and for the use of regional facilities, privileges and conveniences shall be used for the expenses of the regional commission. 1965, Act 261, Imd. Eff. July 21, 1965

MCL 46.366 County and regional commission; employment of personnel, executive officer.

46.366. County and regional commission; employment of personnel, executive officer. Sec. 16. A county commission may employ such personnel as may be authorized by the board of supervisors, including an executive officer. A regional commission may employ its personnel, including an executive officer. 1965, Act 261, Imd. Eff. July 21, 1965

MCL 46.367 Park and recreational places; revenue bonds; resolution; issuance of bonds or notes; negotiability; interest; tax exemption; limitations; applicable law; amount of borrowings.

46.367. Park and recreational places; revenue bonds; resolution; issuance of bonds or notes; negotiability; interest; tax exemption; limitations; applicable law; amount of borrowings. Sec. 17. (1) Any county operating under this act, by resolution adopted by a majority of the members elect of its governing body, and with a vote of the majority of the electors of the county voting on the question, may borrow money, pledge its full faith and credit for repayment, and issue its bonds or notes to pay all or part of the cost of acquiring, planning, and developing park and recreational places, and constructing, reconstructing, altering, or renewing buildings and other structures related to said park and recreational places. (2) The revenue bonds shall be issued pursuant to the revenue bond act of 1933, 1933 PA 94, MCL 141.101 to 141.140, or any other applicable act. (3) Bonds or notes shall be authorized by a resolution adopted by a majority of the members elect of the governing body of the county operating under this act. The full faith and credit of the county may be pledged for the prompt payment of the principal and interest on any borrowing by a county pursuant to this act. The county's full faith and credit may be pledged to the payment of principal and interest of revenue bonds notwithstanding any provision of law. Any bonds or notes shall be issued in the name of the county operating under this act and shall be executed by the chairperson of the county board of commissioners and the county clerk, who shall also cause their facsimile signatures to be affixed to any interest coupons to be attached to any bonds. The county clerk shall affix to the bonds or notes the seal of the county. Bonds or notes issued under this act are negotiable instruments and shall mature in not more than 40 years from the date of issue. The bonds or notes and the interest on the bonds and notes are exempt from taxation by this state or by any taxing authority within this state. (4) The issuance of bonds or notes under this act is subject to the provisions of the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821. The amount of borrowings by a county pursuant to this act shall not be subject to any limitations or provisions contained in any law applicable to the county except that a county may not borrow pursuant to this act in an amount which taken together with other indebtedness of the county will exceed 10% of the assessed valuation of the county as last equalized by the state. Add. 1969, Act 104, Eff. Mar. 20, 1970; Am. 1983, Act 177, Imd. Eff. Oct. 14, 1983; Am. 2002, Act 200, Imd. Eff. Apr. 29, 2002

Source: Michigan Legislature (legislature.mi.gov)URL: https://legislature.mi.gov/documents/mcl/Chapter%2046.xmlFetched: 10/20/2026