Legislative Analysis
Phone: (517) 373-8080
EXEMPT MILKWEED AS A NOXIOUS WEED
http://www.house.mi.gov/hfa
House Bill 4857 as reported from committee Analysis available at
Sponsor: Rep. Samantha Steckloff http://www.legislature.mi.gov
Committee: Agriculture
Complete to 11-8-23
(Enacted as Public Act 13 of 2024)
SUMMARY:
House Bill 4857 would amend section 2 of 1941 PA 359, which regulates the control and
removal of certain noxious weeds by a city, village, or township, to exempt milkweed (any
species of the genus Asclepias) from being considered a noxious weed under the act.
Presently, a noxious weed is defined as including Canada thistle (Cirsium arvense), dodders
(any species of the genus Cuscuta), mustards (charlock, black mustard, and Indian mustard,
species of the genus Brassica or Sinapis), wild carrot (Daucus carota), bindweed (Convolvulus
arvensis), perennial sowthistle (Sonchus arvensis), hoary alyssum (Berteroa incana), giant
hogweed (Heracleum mantegazzianum), ragweed (Ambrosia elatior L.), poison ivy
(Toxicodendron radicans), poison sumac (Toxicodendron vernix), or other plant which, in the
opinion of the governing body of any county, city, township, or village coming under the
provisions of the act, is regarded as a common nuisance.
Under the act, cities, villages, and townships are able to regulate growth of noxious weeds
through local ordinance, and may appoint a noxious weeds commissioner who oversees control
efforts of noxious weeds. Property owners have a responsibility to destroy noxious weeds
before they reach the seed-bearing stage and if they do not, the local unit of government may
enter the property to do so. If this occurs, the city, village, or township will have a lien against
the property on which it destroyed the noxious weeds to cover the costs of destruction and may
issue a fine of up to $100.
MCL 247.62
BRIEF DISCUSSION:
Supporters of the bill argue that exempting milkweed from local ordinances crafted under the
act to fight nuisance weeds will have a positive effect on butterflies and other pollinators who
rely on milkweed as a food source and that protecting the plants will ensure the continued
availability of a food source for a key part of the food chain. Monarch butterflies especially
prefer milkweed 1—it is the only plant monarchs lay their eggs on, and monarch caterpillars
feed only on milkweed leaves—so the bill also ties into recent efforts to name the monarch
butterfly as the state’s official migratory insect.
1
See https://www.nps.gov/articles/000/milkweed-and-monarchs.htm and
https://www.canr.msu.edu/uploads/resources/pdfs/Milkweeds_Monarchs.pdf
House Fiscal Agency Page 1 of 2
FISCAL IMPACT:
The noxious weeds act establishes various legal authorities and duties of local units of
government and certain state agencies (the Department of Agriculture and Rural Development
and the Department of Natural Resources) with respect to the eradication of noxious wees as
defined in the act. House Bill 4857 only amends the act to exclude milkweed from the
definition of noxious weeds. The bill does not otherwise change any of the current authorities
or duties under the act and therefore has no apparent fiscal impact on the state or local units of
government.
POSITIONS:
Representatives of the following entities testified in support of the bill (10-4-23):
• Rochester Pollinators
• Anishinaabek Caucus
The following entities indicated support for the bill (10-4-23):
• Michigan State University Institute for Biodiversity, Ecology, Evolution, and
Macrosystems
• Michigan Environmental Council
The Department of Agriculture and Rural Development indicated a neutral position on the bill.
(10-4-23)
Legislative Analyst: Josh Roesner
Fiscal Analyst: William Hamilton
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency HB 4857 as reported Page 2 of 2


Statutes affected:
House Introduced Bill: 247.62
As Passed by the House: 247.62
As Passed by the Senate: 247.62
House Concurred Bill: 247.62
Public Act: 247.62
House Enrolled Bill: 247.62