Jessica Mathews / news@whmi.com


MDOT held two public hearings this week about proposed administrative rules that provide guidance on the use of its roadside facilities and properties it maintains throughout the state.

MDOT is working to formalize rules that would limit camping, panhandling and long-term stays at rest stops and other state facilities - a move advocates contend could criminalize homelessness and penalize people experiencing it.

The proposed rules would improve safety and maintenance, and apply to all of Michigan's 61 rest areas, 82 roadside parks, 267 carpool lots, 23 scenic turnouts and 14 Welcome Centers.

They address many topics, including long-term parking, camping and sanitation. The proposed rules also provide guidance on service animals, group permits, and commercial activities. They propose a 48-hour maximum stay and prohibitions on camping and alcohol, and include misdemeanor penalties for violations.

MDOT officials outlined proposed rules that would make it a misdemeanor crime to park vehicles at public rest areas for more than two days, ask for money on MDOT property, live in vehicles, or sleep under overpasses.

Travelers and truck drivers could still rest in their vehicles at highway rest areas, but they would need to leave within 48 hours and wouldn’t be allowed to set up tents or other camping equipment.

Greg Losch is the head engineer for MDOT's University Region and has coordinated the drafting of the rules in collaboration with other state agencies.

Losch said that MDOT would work with the state’s Department of Health and Human Services and other state agencies to post signs at carpool lots with information for individuals experiencing homelessness or a crisis. He stressed the rules are not written to criminalize being unhoused or homeless, and apply to everyone.

Losch said they listened to the public and concerns that they are criminalizing or singling out vulnerable populations but that it not their goal – it’s to provide rules for facilities that give a starting point to ask for help. He said they are setting some base rules so if behavior does become a problem, they’ll have some legal authority.

Losch said for rules that deal with the ability or right to demonstrate or protest in MDOT right-of-way’s, the goal is for people to get official permission in most situations because when the public protests or demonstrates in places where traffic could be in contact with pedestrians, they want to make sure they have some controls in place.

Losch further stressed they are not trying to infringe on freedom of speech. However, he said there are some “bad actors” who try to block entranceways or intimidate people at rest areas and they want to be able to ask for help to deal with that behavior.

A continued long-term lack of adequate transportation funding means that MDOT does not have the needed resources available that have helped in some other states.

MDOT is accepting public feedback and comments until November 20th.

Details and more on the proposed rules is available in the provided link.