MichiganSB 06862025-2026 Regular SessionSenateWALLET

Land use: farmland and open space; land subject to conservation easement; allow partial relinquishment of. Amends sec. 36110 of 1994 PA 451 (MCL 324.36110). TIE BAR WITH: SB 0685'25, SB 0687'25, SB 0688'25, SB 0689'25, SB 0690'25, SB 0699'25Last Action: ASSIGNED PA 0069'25 WITH IMMEDIATE EFFECT

Sponsored By: Kevin Daley (Republican)

Signed by Governor

Land use: farmland and open space

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 0 costs, 2 mixed.

Farm owners gain small parcel release

Owners can request release of up to 1 acre from an agricultural conservation easement or development rights agreement. A Michigan-licensed professional surveyor must determine the acreage. Both the local governing body and state land use agency must approve. If the parcel is smaller than local zoning allows, the local zoning board of appeals must grant a variance.

Farm release after death or disability

The law allows covered farmland to leave a development rights agreement or easement after a qualifying death or disability. The owner or someone essential to farm operations must die or become totally and permanently disabled. Requests must come within 3 years. After disability, the owner must apply; after death, the new owner through inheritance or survivorship must apply. Essential people include co-owners, partners, shareholders, farm managers, and family members who materially cultivate, operate, or manage the farm. They qualify through either 1,040 hours of production-related work yearly or a financial stake plus production involvement. That stake must equal at least half of production costs, with involvement through inspection or advice. A separate release option covers buildings that existed before the development rights agreement was recorded. It requires a request from the disabled holder or successor, plus local and state approval. That release is limited to 2 acres, or up to 5 acres when needed to include all buildings. A parcel below the local zoning minimum needs a variance. Released land remains subject to a legal lien.

Farm divisions allowed; later splits face fees

Owners can divide land under a development rights agreement, with every new parcel keeping the agreement's terms. Each parcel must meet the program's minimum enrollment requirements or contain at least 40 acres. The first division has no state land use agency fee. For later divisions, the agency can charge a reasonable fee no higher than its actual cost. Divisions must be formally completed and recorded, with notice to the applicant, local government and assessing office, reviewing agencies, and Treasury. Covered land can also be sold without program penalties when the buyer follows the agreement or easement. Sellers must notify the government authority overseeing the development rights of the ownership change. The state land use agency cannot charge for processing that ownership change.

Sponsors & Cosponsors

Sponsor

  • Kevin Daley

    Republican • Senate

Cosponsors

  • Dan Lauwers

    Republican • Senate

  • John Cherry

    Democratic • Senate

  • Sam Singh

    Democratic • Senate

  • Sue Shink

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 140 • No: 3

House vote • 12/16/2025

passed; given immediate effect

Yes: 103 • No: 3 • Other: 4

Senate vote • 12/2/2025

PASSED

Yes: 37 • No: 0

Actions Timeline

  1. ASSIGNED PA 0069'25 WITH IMMEDIATE EFFECT

    12/23/2025Senate
  2. FILED WITH SECRETARY OF STATE 12/23/2025 12:30 PM

    12/23/2025Senate
  3. APPROVED BY GOVERNOR 12/23/2025 11:00 AM

    12/23/2025Senate
  4. PRESENTED TO GOVERNOR 12/19/2025 2:52 PM

    12/23/2025Senate
  5. ORDERED ENROLLED

    12/18/2025Senate
  6. FULL TITLE AGREED TO

    12/18/2025Senate
  7. GIVEN IMMEDIATE EFFECT

    12/18/2025Senate
  8. returned to Senate

    12/16/2025House
  9. inserted full title

    12/16/2025House
  10. passed; given immediate effect Roll Call #329 Yeas 103 Nays 3 Excused 0 Not Voting 4

    12/16/2025House
  11. read a third time

    12/16/2025House
  12. placed on immediate passage

    12/16/2025House
  13. placed on third reading

    12/16/2025House
  14. read a second time

    12/16/2025House
  15. referred to second reading

    12/11/2025House
  16. reported with recommendation without amendment

    12/11/2025House
  17. referred to Committee on Agriculture

    12/2/2025House
  18. read a first time

    12/2/2025House
  19. received on 12/02/2025

    12/2/2025House
  20. PASSED ROLL CALL # 307 YEAS 37 NAYS 0 EXCUSED 0 NOT VOTING 0

    12/2/2025Senate
  21. PLACED ON IMMEDIATE PASSAGE

    12/2/2025Senate
  22. RULES SUSPENDED

    12/2/2025Senate
  23. PLACED ON ORDER OF THIRD READING WITH SUBSTITUTE (S-3)

    12/2/2025Senate
  24. SUBSTITUTE (S-3) CONCURRED IN

    12/2/2025Senate
  25. REPORTED BY COMMITTEE OF THE WHOLE FAVORABLY WITH SUBSTITUTE (S-3)

    12/2/2025Senate

Bill Text

  • Public Act

    12/23/2025

  • As Passed by the House

    12/16/2025

  • As Passed by the Senate

    12/2/2025

  • Introduced

    10/30/2025

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