Utility information

Utility activities affecting state managed land or property

Information for utility companies and road agencies

The Michigan Department of Natural Resources (Department) is dedicated to preserving and protecting Michigan's natural and cultural resources for current and future generations. This includes managing habitat, natural communities, and cultural resources, providing interpretive programing and ensuring the health and resiliency of Michigan's natural resources.

Utility placement activities, including construction or maintenance, conducted on state land occurs either: 1) fully within Department managed land, 2) fully within a public road right-of-way, or 3) within both Department managed land and the public road right-of-way.  When utility placement, construction or maintenance activities (including access necessary for workspace, staging, etc.) occur in full or in part on Department managed land, the Department is the appropriate agency to issue the necessary permission via an easement.  When the placement, construction or maintenance activities are fully contained within the public road right-of-way, the managing road agency is the appropriate agency to issue the necessary permit. State Forest Roads are not public roads under road agency authority and, therefore, require an easement from the Department before any utility activities can occur.

Consistent with Article 13, Part 2, Section 257 of Public Act 22 of 2025, if a utility company provides detailed engineering plans to the Department, prior to constructing or maintaining broadband facilities on state managed land, allowing it to verify that the construction or maintenance activities will be confined wholly within the public road right-of-way, an easement is not required from the Department. However, a road agency permit for utility placement does not eliminate other permitting obligations and responsibilities that exist.

Obligations and responsibilities

Public Act 368 of 1925, allows a utility company to enter upon, construct, and maintain its lines and related infrastructure “upon, over across, or under any public road, bridge, street or public place.” When undertaking those activities, the utility company must consider the paramount rights of the public and ensure the activities do not interfere with other public uses. Nor can the activities impair “any existing rights granted in accordance with the constitution or laws of this state.” Therefore, when conducting activities wholly within a public road right-of-way, under a permit from the road agency, the utility company must abide by all permitting conditions and any other requirements of law. The road agency, the utility company, or both may be subject to remedial actions for any failure to adhere to the permit conditions or legal requirements.

Public Act 451 of 1994, imparts responsibilities on the Department for the preservation and protection of Michigan's natural and cultural resources for current and future generations. Specific responsibilities, which apply to both public and private lands, include Part 365, Endangered Species Protection; Part 761, Aboriginal Records and Antiquities; and Part 305 Natural Rivers. As such, regardless of the location of the utility placement, construction or maintenance, additional permitting may be required.

When a utility easement is sought from the Department, the easement application process includes a review of the above items. When a road agency issues a permit, the process does not include Department review. To avoid potential negative impact or damage requiring remedial action, the utility company should undertake necessary reviews to determine additional permitting requirements. It is important to remember that the utility company remains responsible for compliance with Public Act 451 of 1994 as identified above.

Additional reviews

As mentioned above, the Department’s utility easement process includes a Department review of impact, but Department reviews do not occur when a road agency issues the permit. As such, prior to conducting placement, construction or maintenance of a utility via a road agency permit, additional reviews, to identify other permitting requirements, are essential.  The following resources are being provided to assist utility companies with these reviews:

Threatened and Endangered Species (Part 365)

• The Department’s threatened and endangered species (T&E) permit process is separate from the Department’s easement process. A state T&E permit may be required to conduct activities in the Right of Way even if an easement is not required.

• Part 365 of the Natural Resources and Environmental Protection Act (Act 451 of 1994) protects plants and wildlife on Michigan's state threatened and endangered species list from take. 
  • Take of wildlife is defined as "to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, collect or attempt to engage in any such conduct." From the animal's perspective, anything that causes it to change its behavior has an associated energetic cost and could be considered harassment. Take of plants is defined as "to collect, pick, cut, dig up or destroy in any manner."

• Part 365 applies to everyone (federal, state, and local governments; private citizens and entities), everywhere in Michigan (public and private land), regardless of funding source.
• The Department has authority over Part 365 and may permit the take of listed species for: 1) human health and safety, 2) to alleviate damage to property, 3) to propagate listed species in captivity, or 4) for scientific, zoological or educational purposes.
• Part 365 of PA 451 of 1994
• Threatened/Endangered Species
• Threatened and Endangered Species List Michigan DNR
• High-speed internet application guidance Michigan DNR
• Rare Species Desktop Review - Any segment of a project that intersects with Department managed land must have a desktop review conducted by Michigan Natural Features Inventory (MNFI). 
• Compliance Checklist - Project proponents can use the Compliance Checklist to help conduct the take assessment and can help identify compliance mechanisms for listed species. Projects may want to hire a consultant to help fill out the Compliance Checklist. A current list of DNR-permitted consultants can be found on the Department's T&E website.
• Projects not on Department managed lands - For fiber installation projects, if the Fiber Optic Cable Installation No-Take Best Management Practices: Vibratory plow, Horizontal Directional Drilling (HDD), and aerial inserts on existing poles, is followed no desktop review for state listed species is needed.
• DNR Threatened and Endangered Species Webinar 

Archaeological/Cultural Resources/Section 106 (Part 761)

• All archaeological exploration to be performed on state-owned lands and lands where the state retains aboriginal antiquities rights severed from surface rights, except for land owned and controlled by the Mackinac Island State Parks Commission, is required to have a permit. It is illegal to disturb these resources without securing a permit from the Michigan History Center of the DNR.

• To ensure that state property rights to prehistoric and historical period resources on state-owned lands, including state-owned aboriginal antiquities, are recognized and preserved. Recovery of artifacts and other archaeological materials from state-owned lands is governed by state law.
• In addition to state surface ownership rights, state property rights also include subsurface rights and severed mineral and aboriginal antiquities (allied) rights. 
  • 6.4 million acres of allied rights, including almost 2.3 million acres of allied rights where someone other than the State of Michigan owns the surface rights.
  • Great Lakes bottomlands (regulated by the Michigan Department of Environment, Great Lakes, and Energy)
  • Aboriginal antiquities rights 

• Part 761 of PA 451 of 1994
• Archaeological Exploration on State Owned Lands Permit Application
• National Historic Preservation Act BEAD Consultation Process Fact Sheet
• State Historic Preservation Office (SHPO) Archaeological Standards Technical Guide
• Federal Historic Preservation Laws – National Park Service
• National Historic Preservation Section 106: The Environmental Review/Section 106 Process
• DNR Archaeology Permits and Retaining Cultural Consultants Webinar
• State Historic Preservation Office (SHPO) Webinar
• DNR Mineral Management
• Michigan Geologic and Mineral Resource Data Map
• EGLE Mineral Rights FAQ

Natural Rivers (Part 305)

• Michigan's Natural Rivers program is a river protection effort that protects the natural quality of select river systems throughout the state by regulating their use and development through zoning rules. 

• The Natural Rivers Program was developed to preserve, protect and enhance high quality systems for the use and enjoyment of current and future generations while also allowing property owners to undertake reasonable development.
• There are 16 designated Natural River systems in Michigan. The designation includes the mainstream, as well as most of the tributaries. Nearly all construction, land change/earth moving, and placement of structures are regulated within 400 feet of any designated stream segment.
• A Natural Rivers permit is required for the installation of a utility line within the Natural Rivers District (the designated stream segment and lands within 400 feet on either side) regardless of whether the subject property is in public or private ownership, the line is being installed within or outside a road right-of-way, or the line crosses under the stream or only runs adjacent to it.
• Contact Natural Rivers Program staff for Natural River standards specific to the installation of utility lines.
• Part 305 of PA 451 of 1994
• Natural Rivers
• Designated Natural Rivers
• Natural Rivers Zoning Authority
• Map of Permitting Staff
• Natural River Rules for Utilities and Publicly Provided Facilities
• Natural River Program by Utility/Public Agency Application

As discussed above, a road agency can issue a permit for utility placement wholly within the road right-of-way; however, this does not prevent a utility company from voluntarily applying for an easement from the Department. For some projects, a utility company may prefer an easement. This may be the preference when placement is at the extreme edge of the road right-of-way and future maintenance, replacement or repair is anticipated to require use of Department managed land, or when vegetative management activities are anticipated, such as maintenance of overhead lines. Since a road agency permit would not convey all the necessary permissions for those activities, securing an easement at the start of a project may be desirable. 

Early and frequent communication with the Department, as well as submitting detailed engineering plans and undertaking necessary reviews, will assist the utility company with avoiding non-compliance and potential remedial action.