LANSING — The Michigan House of Representatives on Nov. 4 passed House Bill 4073, an amendment to the Natural Resources and Environmental Protection Act that would generally require the Department of Natural Resources to obtain a warrant or the property owner’s permission before entering private property, unless exigent circumstances apply.
Supporters said the measure restores constitutional protections for private-property owners. Representative Preston, the bill’s floor proponent, said the change is a narrow, procedural demand: "This bill simply requires the department to put it on paper, knock on the door, or get a warrant." He argued the DNR can still protect public resources while respecting property rights.
Opponents warned the bill could impede environmental enforcement and pointed to federal precedent. Representative Cerneglue argued that the U.S. Supreme Court’s open-fields doctrine and related rulings limit reasonable expectations of privacy for activities conducted in open areas beyond a home's immediate curtilage, and said the bill would curtail the state’s ability to manage wildlife and respond to environmental hazards.
A recorded roll-call vote on final passage produced 63 ayes and 37 nays. The House then voted to give the bill immediate effect.
The bill amends the Natural Resources and Environmental Protection Act; its proponents say it aligns DNR practice with other law-enforcement agencies by requiring either consent, a warrant, or a narrowly defined exigency before entering private property. The bill’s opponents said the department’s operational needs and existing federal precedent make the proposed statutory change unnecessary and potentially harmful to public-resource protection.
The House’s action sends the bill on for subsequent processing consistent with the chamber’s rules and any committee or enrollment steps required by legislative procedure.