Use permits generally are required to perform research in state parks and recreation areas when an individual or group wishes to conduct activities in state parks or recreation areas that would ordinarily be considered a violation of park rules and regulations.
The Parks & Recreation Division Use Permit Policy (#8.7) states the following:
Use permits are issued pursuant to 1994 P.A. 451. Use permits for state park and recreation area lands are issued under Part 741. Use permits for boating program lands are issued pursuant to Part 781. Questions regarding this policy should be referred to the Division Office, Operations Unit. Use permits are usually issued for the following reasons:
1. To allow a party to use Division lands and facilities for a purpose which would otherwise be unlawful.
2. To allow a party to use Division lands and property for a lawful purpose, but on a large enough scale that it may conflict with other normal use.
3. Activities less than one year in duration without substantial Division land changes.
In research situations, examples of the most common rules that could be violated are the following:
R 299.922 - Rule 22. On lands owned or under the control of the department, it is unlawful for a person or persons to do any of the following:
(a) To enter, use, or occupy state-owned lands for any purpose when they are posted against entry, use, or occupancy, as ordered by the department.
(f) To place or erect a fence or barrier, to construct or occupy improvements, or to enclose the lands.
(h) To destroy, damage, or remove trees, shrubs, wildflowers, grasses, or other vegetation. Except in wildlife food plots, this subdivision does not apply to picking and removing mushrooms, berries, and edible fruits or nuts for personal use.
(o) To use or operate any wheeled, motorized vehicle in the Upper Peninsula of this state, except on a designated route, a designated trail, a designated area, or a forest road not otherwise posted as closed to the use of motorized vehicles or entry.
(p) To use or operate any wheeled, motorized vehicle in the Lower Peninsula of this state, except on a designated route, a designated trail, or a designated area. A wheeled, motorized vehicle that is properly registered under 1949 PA 300, MCL 257.1 et seq. may be operated on a forest road not otherwise posted as closed to the use of motorized vehicles or entry.
(t) To store or leave a watercraft, fish shanty, or other property on state lands for more than 24 hours. This provision does not apply to lawfully occupied designated camping sites or to ground blinds and tree stands that meet legal requirements.
Refer to the complete text of the Regulations of Lands Administered by the Department of Natural Resources and the Land Use Orders of the Director for more information.
Pursuant to the above rules, examples of common research activities that would require a use permit include:
- collecting any plants (including seeds and cuttings)
- establishing permanent plot markers
- leaving any equipment on site for more than 24 hours
- damaging vegetation (including excessive trampling or creating foot paths)
- working in areas closed to entry, such as wildlife refuges
- transporting equipment or people to a research site by motorized vehicle in areas where they are prohibited
This use permit does not eliminate the need for other permits which may be required by law. For example, if you plan to collect a threatened or endangered species, a Threatened/Endangered Species Permit is required from the DNR's wildlife division. Collection of federally threatened or endangered species requires a federal permit. Collection of certain aquatic, reptile or amphibian species requires a Cultural or Scientific Collectors Permit for Fish, Reptiles, Amphibians, Crustaceans or Mollusks. Certain bird and/or mammal collections require a Scientific Collector's Permit issued by the DNR's wildlife division. Please contact James Janson at 517-373-9329 for more information.
Archaeological Exploration Permits
All archaeological research in state parks and recreation areas also requires an archaeological exploration permit jointly issued by the DNR and the Department of History, Arts, and Libraries. DNR Director's Letter 51 (07/15/1982) establishes the internal procedure for reviewing and issuing archaeological exploration permits. For more information or to apply for an archaelogical exploration permit, please contact Kris Tunney by e-mail at tunneyk@michigan.gov or call 517-335-0393.
Act 451 of 1994, Section 324.76105. Permit for exploration or excavation of aboriginal remain; exception: A person, either personally or through an agent or employee, shall not explore or excavate an aboriginal remain covered by this part upon lands owned by the state, except under a permit issued by the department [of natural resources] with written approval of the department of history, arts, and libraries. A permit shall be issued without charge. This section does not apply to the Mackinac Island State Park Commission on lands owned or controlled by the Mackinac Island State Park Commission.
Review and Approval of Permits
Use permits for biological and cultural research shall be approved by the Stewardship Unit, Division Office, with consultation with appropriate field staff. The Stewardship Unit may also provide follow-up support to ensure compliance with the conditions of the permit.
Permit Requirements
State parks and recreation areas provide important research opportunities. However, research within these public lands is a privilege and should not conflict with the Division's mission to preserve natural and cultural resources for future generations. It is, therefore, appropriate and necessary to attach appropriate requirements and conditions to these use permits
According to the PRD Use Permit Policy, all biological research permits and historical research permits should:
1. Be reviewed to determine that there will be no significant negative impacts to the resource or to the historic integrity of the site.
2. Be evaluated for resource management implications. When appropriate, the applicant should be encouraged to modify their experimental design to provide information useful to the management, restoration or protection of the location's resources.
3. Require the submission of a written report of the findings of the research. Two copies of the report should be submitted: one for the unit's files, and one copy for the Division Office library. If a scientific paper, thesis or dissertation is produced as a result of such a research, two copies should also be submitted. Upon request, the applicant may be required to provide a copy of the raw data.
4. Require the submission of brief written progress reports for permits that span a period of time greater than six months.
5. When appropriate, require a brief oral presentation of research findings to Parks and Recreation Division staff.
Some circumstances under which a permit request may be denied include:
- Benefit of research does not outweigh potential damage to natural or cultural resources
- Proposed research would significantly interfere with other previously-approved research
- Proposed research would significantly interfere with appropriate public use of the site
A list of "special conditions" will be developed for each approved research use permit on a case-by-case basis based on the above general guidelines.
Application Procedure for Requesting a Research Use Permit
- Submit an Application/Permit to Use State Land. On the form, include the following:
- Name of applicant (Principal Investigator), address, telephone number, fax number and e-mail address.
- Under Proposed Location on State Land, list the names of all state parks, recreation areas or boating access sites included in the research for which a permit is requested.
- Check all boxes that apply.
- Check the Other box under Type of Use and write "Research" on the line.
- List the inclusive dates of the entire research project under Date(s) of Proposed Use.
- Under Number of Participants/Users, list the number of researchers/students expected to be in the field at any time for this project.
- Under Description of Proposed Type of Use, write "See attached proposal."
- Attach a separate research proposal document to the permit application. At a minimum, this proposal must include:
- Names of all people to be included on permit (including research associates/students).
- A map or detailed description of study area location(s) within the park(s) - indicate on a park map if possible.
- Schedule - start and end dates for field work in the park(s).
Note that use permits will only be issued through the end of one calendar year, at which time the applicant must submit a brief progress report and renewal request.
- Describe the need for the research.
- Explain why this research should be done at this location.
- Describe any expected benefits of the project to the natural or cultural resources at the location and/or to more effective protection or management of those resources.
- Methods - include a description of any plant or animal collection, potential damage to vegetation and a description of all equipment and plot markers that will be used on site and for how long they will remain on site.
- Type of report expected from this project (i.e., refereed journal article, thesis, dissertation, book, unpublished report) and projected completion date of report.
- Send the use permit application form and attached proposal to:
Glenn Palmgren, Stewardship Ecologist
Parks and Recreation Division
E-mail (preferred method of submittal): palmgreng@michigan.gov
Mail: PO Box 30257, Lansing, MI 48909-7757
Fax: 517-373-4625
Please allow up to three weeks for the application to be processed from the time that a complete application is received.
Use permit applications for research do not need to be accompanied by any application or review fees. Most research projects will require no fees, bonding or insurance, but will require submittal of a report at the conclusion of the project in place of monetary payment.