Bill
HB 6045
HB 6045 clarifies how counties may relinquish or abandon roads, prioritizes public access to lakes/streams, and sets notice, hearings, and transfer rules to municipalities or state
Purpose and intent
- The bill amends section 18 of 1909 PA 283, governing the establishment, opening, discontinuing, vacating, closing, altering, and maintaining public highways and related matters.
- It focuses on clarifying and adjusting processes for abandoning or discontinuing county roads, including procedures, notice, hearings, and potential transfer of property or control to municipalities or state agencies.
- The aim is to provide a structured framework for relinquishing, abandoning, or maintaining roads that border lakes, streams, or other public access points, with attention to public access, local input, and proper recording.
Key provisions and changes
1) County road system establishment and transition (subsection (1))
- When a state reward is involved, the county board of road commissioners must file a map with the State Transportation Commission (STC) showing the proposed county road system; the system can be changed with STC approval.
- State-rewarded roads become county roads under the county board.
- Roads may be adopted as county roads through township-city-village lines with proper consent.
- If a street is taken over and improved as a county road, municipalities may further surface and add enhancements (gutters, curbs, sidewalks) and may levy taxes for improvements.
- County road commissioners’ determinations are recorded with yeas and nays; notices must be published for 3 consecutive weeks; after notice, the county board gains exclusive jurisdiction; the road is named by the board.
2) Inter-county and jurisdictional adjustments (subsection (2))
- Boards may enter inter-county road agreements; each board’s decision is limited to the portion within its own jurisdiction.
3) Relinquishment, abandonment, and discontinuance of county roads (subsections (3)-(8))
- The board may relinquish jurisdiction or absolutely abandon and discontinue a county road on its own motion by a majority vote.
- After relinquishment or abandonment, jurisdiction generally reverts to the municipality; in absolute abandonment, the road may cease to exist as a public highway unless the acquiring unit allows use as a public highway.
- The board must provide notice, hold a public hearing within 30 days, and record the abandonment resolution and description of lands with the county register of deeds.
4) Petition-based abandonment requirements (subsection (4)-(7))
- Abandonment requires either a petition from 7+ freeholders/abutting landowners or all owners/occupants of abutting land.
- Petitions must include a certified list of owners/occupants; if all abutters sign, the board may decide within 20-30 days without further proceedings (subject to subsection (8)).
- Otherwise, the board issues notice, schedules a hearing, and serves relevant parties.
5) Public access considerations for lake/stream roads (subsections (7))
- If abandonment affects public access to a lake or stream, the Department of Natural Resources (DNR) has priority, along with municipalities, in retaining ingress/egress points.
- DNR and relevant local bodies evaluate retention of access points; township has first priority where applicable.
6) Proceedings, notices, and hearing process (subsections (6)-(9))
- Service requirements include mailing to township boards and landowners/occupants, with alternative posting/publication if domiciled outside the county.
- Hearing examiners may be designated; findings reported to the board.
7) Post-abandonment steps and data recording (subsections (11)-(14))
- If abandonment is approved, title or control may transfer to a municipality or DNR, with conditions on future management.
- If conveyed to a local unit/state, funds or restricted funds considerations apply; futures plans require maintaining public access or allowing reversion to landowners.
8) Utility easements and ongoing maintenance (subsections (15)-(16))
- The board may reserve easements for utilities within abandoned right-of-way and can extinguish such easements when no longer needed.
- If property is conveyed or relinquished, the local unit or state must manage to prevent garbage, unsanitary conditions, noise, and congestion.
9) Road ending closures and court oversight (subsections (12)-(22))
- When a road ending is involved near bodies of water, circuit court oversight can order closures (up to 180 days initially) and, in some cases, permanent closure if noncompliance persists.
- Adjacent landowners may petition for conveyance of property interests if closures occur.
- Final closure decisions may be appealed or reversed with management plans and bonds in place for reopenings.
10) Final determinations and recordkeeping (subsection (14)-(15))
- Within 30 days after final determination, the board must file a full record with STC.
- The board’s determinations are binding for related 1927 public act provisions.
Affected parties and potential impact
Procedural and timeline notes
Effective date
Overall, HB 6045 modernizes and clarifies the process for abandoning and managing county roads, emphasizes public access protections for waterways, and outlines roles for counties, municipalities, and state agencies in transferring or preserving road rights-of-way. It also strengthens notice, hearing, and recording requirements to ensure transparency and public input.
Compiled from official sources — confirm details with the bill’s official record.
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