DNR Trail and Land Division Accessibility - Ask Extension
Does frontage on a former RR ROW (Now a DNR Trail) fulfill the accessibility requirement for land division approval? The parcel does not have frontage...
Knowledgebase
DNR Trail and Land Division Accessibility #923038
Asked December 22, 2025, 3:15 PM EST
Does frontage on a former RR ROW (Now a DNR Trail) fulfill the accessibility requirement for land division approval? The parcel does not have frontage on an existing road, just the DNR Trail.
Presque Isle County Michigan
Expert Response
Greetings,
The Land Division Act defines that a proposed parcel is "Accessible" if it meets one or both of the following:
(i) Has an area where a driveway provides vehicular access to an existing road or street and meets all applicable location standards … or has an area where a driveway can provide vehicular access to an existing road or street and meet all such applicable location standards.
(ii) Is served by an existing easement that provides vehicular access to an existing road or street and that meets all applicable location standards … or can be served by a proposed easement that will provide vehicular access to an existing road or street and that will meet all such applicable location standards. - MCL 560.102(j)
A local ordinance can have more restrictive access requirements than the statute.
Of concern is who controls access to the proposed parcel. If an access easement is not held by the property owner (being recorded with the deed to the parcel), then how is access guaranteed? It would seem that the DNR holds an easement for the public to transcend the former railroad property, though that access does not guarantee the owner of the proposed parcel permanent access to their property. Put differently, if the DNR transfers the deed to another entity (e.g., a trail organization), there is no legal right or recourse for the property owner to continue to access their property.
Also, does any entity hold title to the property thereunder the DNR trail? Holding an easement is different than holding fee simple title to property. If there is a property owner of the land 'under' the trail that is different than the holder of the easement for recreational use of the trail, this further complicates access to the proposed parcel.
You are encouraged to consult an experienced attorney.
The Land Division Act defines that a proposed parcel is "Accessible" if it meets one or both of the following:
(i) Has an area where a driveway provides vehicular access to an existing road or street and meets all applicable location standards … or has an area where a driveway can provide vehicular access to an existing road or street and meet all such applicable location standards.
(ii) Is served by an existing easement that provides vehicular access to an existing road or street and that meets all applicable location standards … or can be served by a proposed easement that will provide vehicular access to an existing road or street and that will meet all such applicable location standards. - MCL 560.102(j)
A local ordinance can have more restrictive access requirements than the statute.
Of concern is who controls access to the proposed parcel. If an access easement is not held by the property owner (being recorded with the deed to the parcel), then how is access guaranteed? It would seem that the DNR holds an easement for the public to transcend the former railroad property, though that access does not guarantee the owner of the proposed parcel permanent access to their property. Put differently, if the DNR transfers the deed to another entity (e.g., a trail organization), there is no legal right or recourse for the property owner to continue to access their property.
Also, does any entity hold title to the property thereunder the DNR trail? Holding an easement is different than holding fee simple title to property. If there is a property owner of the land 'under' the trail that is different than the holder of the easement for recreational use of the trail, this further complicates access to the proposed parcel.
You are encouraged to consult an experienced attorney.
