S TATE OF M ICHIGAN
DEPARTMENT OF NATURAL RESOURCES
L ANSING
GRETCHEN WHITMER DANIEL EICHINGER
GOVERNOR DIRECTOR
SUBMITTED: June 18, 2021
MEMORANDUM TO THE DIRECTOR
Information: Natural Resources Commission
Subject: Restrict Beach Access Under Certain Conditions
Land Use Order of the Director Amendment No. 5 of 2021
FOR INFORMATION ONLY
Authority:
The Natural Resources and Environmental Protection Act, 1994 PA 451, authorizes the Director
to issue orders to implement land use rules.
Discussion and Background:
Surrounded by Great Lakes, Michigan is host to many seeking to enjoy the water. However,
with rip currents and breaking waves, the beauty of Michigan’s Great Lakes can be deceiving
and hazardous to swimmers.
The Department is responsible for the management and operation of a number of facilities that
provide water access and beach opportunities across the state. As part of the management and
operation of these facilities, staff work to implement safety measures, such as buoyed
swimming areas, flag warning systems, throw rings and vast amounts of education on water
safety. Even with those measures, accidents and drownings continue to occur each year.
Recently, safety rescues at Great Lake beaches have occurred at times when the “Red Flag” is
flying indicating that wave height is 3-5 feet, or higher, lake conditions are high risk and
dangerous. Meaning people are not adhering to the water safety measures and education
provided by the Department and are still entering the water. Even more alarming is the
observations of people entering the water during these dangerous conditions while a water
rescue is occurring.
Since Commissioned Park and Recreation Officers’ authority is land based, meaning
enforcement is not possible once a person enters the water, this proposed land use order
preventing individuals from exiting a state managed beach area when entry is prohibited would
provide another tool to staff for ensuring the health, safety and welfare of visitors and guests.
CONSTITUTION HALL • 525 WEST ALLEGAN STREET • P.O. BOX 30028 • LANSING, MICHIGAN 48909-7528
www.michigan.gov/dnr • (517) 284-MDNR(6367)
Restrict Beach Access Under Certain Conditions
Land Use Order of the Director Amendment No. 5 of 2021
Page 2
June 18, 2021
Relevant Divisions have contributed to the preparation of this order. This order was submitted
for information on July 15, 2021, at the Natural Resources Commission meeting. This item
appeared on the Department’s June calendar and may be eligible for approval on August 12,
2021.
Jared Duquette, Chief Gary Hagler, Chief
Wildlife Division Law Enforcement Division
Jeff Stampfly, Chief Ronald A. Olson, Chief
Forest Resources Division Parks and Recreation Division
James Dexter, Chief Shannon Lott
Fisheries Division Natural Resources Deputy
LAND USE ORDERS OF THE DIRECTOR
Amendment No. 5 of 2021
By authority conferred on the Director of the Department of Natural Resources by Section 504 of the
Natural Resources Environmental Protection Act, 1994 PA 451, MCL 324.504, and in accordance with R
299.921 to R 299.933, the Director of the Department of Natural Resources orders the following:
5.1 State parks and recreation areas, certain conduct prohibited.
Order 5.1 A person shall not do any of the following in any SP or RA:
(1) Have more than 1 horse for each registered camper at any designated horsemen’s campground
without first obtaining proper written permission from the department.
(2) Enter, use or occupy a designated mountain bike trail when posted closed except with written
permission from an authorized representative of the department.
(3) Operate an electric bike in conflict with MCL 324.72105.
(4) Use, in any way, a sky lantern.
(a) “Sky lantern” means an unmanned hot air balloon made of paper or other lightweight material that is
launched into the atmosphere and has a flame inside the balloon.
(5) Operate an unmanned aircraft in conflict with the unmanned aircraft system act (PA 436 of 2016),
and as follows:
(a) In a manner that knowingly and intentionally interferes with department employees and their
designees performing official duties.
(b) In a manner that interferes with department staff when conducting search and rescues.
(c) Within 100 yards of a cultural or historical site or structure.
(d) Upon or over the viewing platform at Tahquamenon falls.
(e) Over an occupied beach area.
(f) Over an equestrian facility.
(g) Over a campground.
(h) Over a restroom or open-air changing court.
(i) Over an area subject to an aerial right-of-way.
(j) For a commercial purpose without first obtaining written permission from an authorized
representative of the department.
(6) Exit the state managed beach area for the purpose of entry into the water when entry is
prohibited by signage and/or communication by a department employee or their designee.
This order shall be posted on or after the 12th day of August 2021.
Issued on this 12th day of August 2021.
Daniel Eichinger
Director
