Introduction
Michigan has many symbols that depict the importance of its natural resources and the state’s focus on conservation of those resources. One such symbol is the state’s flag, which was adopted in 1911, and contains three Latin mottos: “E Pluribus Unum” (“Out of many, one”), “Tuebor,” (“I will defend”), and “Si Quæris Peninsulam Amœnam Circumspice,” (“If you seek a pleasant peninsula, look about you”). Taken together, they embrace an enduring commitment to preserve and celebrate the natural grandeur of the state, its history, and its people.
During the 1962 Michigan Constitutional Convention, delegates gathered in Lansing to frame a proposed Constitution. The delegates specifically recognized that it was the legislature’s duty to protect and maintain the public health and welfare of Michigan’s natural resource base for the benefit of the state’s people. One of the results of the debates that occurred during the convention was the eventual adoption of Article IV, Sections 51 and 52 of the Michigan Constitution of 1963:
“The public health and general welfare of the people of the state are hereby declared to be matters of primary public concern. The legislature shall pass suitable laws for the protection and promotion of the public health.” —Article IV, Section 51
“The conservation and development of the natural resources of the state are hereby declared to be of paramount public concern in the interest of the health, safety and general welfare of the people. The legislature shall provide for the protection of the air, water and other natural resources of the state from pollution, impairment and destruction.” —Article IV, Section 52
Both provisions contain language that is consistent with the Public Trust Doctrine, which was first developed as a Roman code to protect access to navigable waters. The doctrine was further developed later in both English and Colonial law. Common law in the United States has consistently maintained that the Public Trust Doctrine exists to protect the public’s long-term access to a healthy and sustainable natural resource base. This affirmative duty to protect access to the natural environment rests with the government and has been applied in various states to surface water, bottomlands, scenic lands, and historical/archaeological resources. All of these resources are capable of being protected from alienation, dilution, and diminution. In times of changing federal and state laws that can result in the homogenization of each state’s uniqueness, we must remind our policymakers that Michigan’s special lands and waters are deserving of special protection, and as such, the state has much to gain or lose in this challenge.
Michigan’s land and water trails programs, made possible by partnerships of federal, state, and local efforts, and supported by the Michigan legislature, is a refreshing reminder that we can all take part in conserving the natural resources and public health pursuant to the state’s Constitution.
As we place our focus on trails and the people that build, manage, and maintain them, we all can play an active role in keeping our lands and waters open to sustainable access for our residents. Building and maintaining trails for public health, greenways and open space, and preserving our sense of place, history, and culture are all benefits of this multi-faceted effort.
As we face new challenges and opportunities, isn’t it fitting for the people of this state to embark on a renewed journey to maintain the special place that we call Michigan by recognizing, respecting, and supporting our trails? It is my hope that this course book and the lessons to be found within it can help stir and grow a new generation of trail leaders and advocates in Michigan.
—Bob Wilson
