SB 688 Michigan Senate · 2025-2026 Regular Session

Land use: farmland and open space; individual essential to farm; update citation. Amends sec. 36103 of 1994 PA 451 (MCL 324.36103). TIE BAR WITH: SB 0690'25, SB 0686'25, SB 0689'25, SB 0687'25, SB 0685'25

SB 688 updates Michigan's farmland protection law by amending provisions related to development rights agreements for farmland. It specifically adds a requirement that the state must subordinate its interest in these agreements to a mortgage lien if the landowner is "an individual essential to the operation of the farm" (as defined in existing law) and the parcel meets certain criteria. This change directly affects farmers seeking mortgages on land protected by such agreements. The bill does not alter the minimum 10-year or maximum 90-year term for agreements but clarifies when mortgage claims take priority over the state's easement interest.
Bill status signed all 5 stages cleared
Introduction
Oct 2025
Committee Review
Dec 2025
Senate Passage
Dec 2025
House Passage
Dec 2025
Signed into Law
Dec 2025
Introduced Oct 30, 2025 Signed Dec 23, 2025
Maddy AI version diff · 2 comparisons

What changed between versions

Senate Introduced Bill As Passed by the Senate · 5 edits · Dec 2, 2025
MODERATE
This bill amends Michigan's Natural Resources and Environmental Protection Act to add new provisions governing development rights agreements and easements. The changes clarify how these agreements are treated regarding public dedication, transfer restrictions, lien priority, and subordination to mortgages under specific conditions.
Scope change
The bill expands the regulatory framework for development rights agreements and easements by adding five new subsections that establish minimum term requirements, transfer restrictions, lien priority rules, and mortgage subordination conditions.
REQUIREMENT

Added a minimum initial term of 10 years for development rights agreements or easements, and established a maximum term of 90 years for agreements entered into after June 5, 1996.

Added restrictions preventing the state or local governing body from selling, transferring, or disposing of development rights agreements or easements without the owner's agreement, referencing specific sections for procedures.

Added provisions clarifying that development rights agreements or easements do not supersede prior recorded liens, leases, or interests.

Added lien priority rules stating that liens created under the act are subordinate to mortgages recorded before the state or local governing body's lien.

ELIGIBILITY

Added conditions for subordination of state or easement interests to subsequently recorded mortgages, requiring the parcel to meet specific requirements for existing structures and the landowner to be essential to farm operation.

Floor votes · Senate Dec 2, 2025 · House Dec 16, 2025

How they voted

370
Passed
Total votes 37
Dec 2, 2025
D Democratic19
19 Yea
100% Yea
R Republican18
18 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
28
Key actions
6
Committee
7
Dec 23, 2025
Introduced
FILED WITH SECRETARY OF STATE 12/23/2025 12:34 PM
upper
Dec 23, 2025
Signed into law
APPROVED BY GOVERNOR 12/23/2025 11:04 AM
upper
Dec 16, 2025
Lower · Passed
passed; given immediate effect Roll Call #331 Yeas 103 Nays 3 Excused 0 Not Voting 4
lower
Dec 11, 2025
Committee
referred to second reading
lower
Dec 11, 2025
Lower · Passed
reported with recommendation without amendment
lower
Dec 2, 2025
Committee
referred to Committee on Agriculture
lower
Dec 2, 2025
Introduced
received on 12/02/2025
lower
Dec 2, 2025
Upper · Passed
PASSED ROLL CALL # 309 YEAS 37 NAYS 0 EXCUSED 0 NOT VOTING 0
upper
Dec 2, 2025
Upper · Passed
REPORTED BY COMMITTEE OF THE WHOLE FAVORABLY WITHOUT AMENDMENT(S)
upper
Nov 12, 2025
Committee
REFERRED TO COMMITTEE OF THE WHOLE
upper
Nov 12, 2025
Upper · Passed
REPORTED FAVORABLY WITHOUT AMENDMENT 11/6/2025
upper
Oct 30, 2025
Committee
REFERRED TO COMMITTEE ON NATURAL RESOURCES AND AGRICULTURE
upper
Oct 30, 2025
Introduced
INTRODUCED BY SENATOR JOHN CHERRY
upper
1 primary · 4 co-sponsors

Sponsors