DNR officers would need a warrant or permission before entering private property

State Rep. David Martin and the Michigan House this week approved a plan to restore constitutional protections for private property owners and update outdated enforcement practices within Michigan’s environmental and natural resources agencies.

House Bills 4073 and 4421 ensure that agents of the Department of Natural Resources (DNR) and the Department of Environment, Great Lakes, and Energy (EGLE) must obtain a warrant or the landowner’s consent before entering private property. The legislation also clarifies that the “open fields doctrine” does not apply to searches by these agencies.

Martin, who helped shepherd the plan through the House as chair of the Natural Resources Committee, said the measures uphold Article I, Section 11 of the Michigan Constitution, which guarantees that “the person, houses, papers, possessions… of every person shall be secure from unreasonable searches and seizures.”

“Michigan’s Constitution makes it clear that every person’s property, including their land, deserves the same protection as their home,” said Martin, R-Davison. “State agencies have no business stepping onto private property without a warrant or permission. This plan simply reaffirms the rights that our state Constitution already guarantees to every Michigander.”

Martin said the plan was inspired in part by concerns he and his colleagues have heard from residents across Michigan who feel their property rights have been ignored by state officials. He said landowners have shared troubling stories of DNR and EGLE officers walking or driving onto private land without permission, leaving people feeling intimidated and powerless on their own property. This legislation will make clear that such actions are not acceptable and that state agencies must follow the same constitutional standards as everyone else.

Martin explained that the “open fields doctrine” originated in federal court cases nearly a century ago, long before Michigan’s current constitutional protections were adopted. Those rulings involved alcohol stills during Prohibition and later illegal drug operations, not Michigan’s wildlife or environmental management.

“The federal government may tolerate a lower threshold for property searches, but Michigan has chosen to give our residents greater protections,” Martin said. “The people of this state wrote that protection into our Constitution, and it is our duty to honor it.”

The plan preserves reasonable exceptions, allowing officers to enter without a warrant when they have the owner’s permission, are in hot pursuit, need to protect life or property, are witnessing a crime, or must act to preserve evidence.

“These bills do not weaken environmental or conservation enforcement. They strengthen public trust,” Martin said. “Protecting our natural resources and respecting private property rights are not mutually exclusive. Michigan can and should do both.”

Both measures now move to the state Senate for further consideration.