Farmers recently secured a key legal win for rights under Michigan’s Right to Farm Act (“RTFA”). In Township of Fraser v. Harvey Haney, the Court of Appeals expanded the RTFA’s protections for agricultural operations despite pre-existing zoning restrictions.
Michigan’s legislature enacted the RTFA in 1981 to establish circumstances under which a farm and its operation may not be deemed a public or private nuisance.” Twp. of Williamstown v. Sandalwood Ranch, LLC, 325 Mich.App. 541, 548 (2018). The statute was amended in March 2000 to include a provision that it preempted local ordinances which barred activities of farmers that fell within the purview of the statute.
In Township of Fraser v. Harvey Haney, the issue presented before the court was whether the RTFA’s preemption clause applied to the township’s zoning ordinance that was adopted long before 2000. For background, the defendant in this matter acquired property in 1986 zoned as “commercial”. Despite such ordinance, the defendant began a farm in 1989 and started raising mule foot hogs in 2006. The Township notified defendant that his farming operations conflicted with the ordinance and constituted as a nuisance.
The defendant argued that the Township could not enforce such ordinance based on the RTFA’s preemption clause. The Court of Appeals agreed, finding RTFA protections extend to farming activities that occur post-2000, even when a conflicting local ordinance was adopted prior to 2000. The Court highlighted however, that these protections under the RTFA are not automatic. Farmers must comply with Generally Accepted Agricultural and Management Practices (“GAAMP’s”) adopted by the state. The Court did not address whether the defendant adhered to adopted GAAMP’s.
Accordingly, the Court found RTFA provided broad protection to farmers. Yet, in order to maintain such protection, farmers must document and demonstrate compliance with GAAMP’s.
If you are a farmer or landowner facing zoning challenges with respect to agricultural operations, our land use and zoning attorneys can assist you in understanding your rights and obligations. Contact us today to speak with an attorney.
