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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich. Dept. of
Attorney General Web Site - http://www.ag.state.mi.us)
STATE OF MICHIGAN
BILL SCHUETTE, ATTORNEY GENERAL
RIGHT TO FARM ACT: Preemption of local ordinances concerning
farming activities.
Unless otherwise approved under subsection 4(7) MCL 286.474(7), subsection 4(6) MCL
286.474(6) of the Right to Farm Act, 1981 PA 93, MCL 286.471 et seq., preempts provisions in
ordinances adopted by local units of government that regulate farming activities when the
Commission of Agriculture and Rural Development has developed generally accepted
agricultural and management practices that address those farming activities.
Opinion No. 7302
March 28, 2018
Gordon Wenk, Director
Department of Agriculture and Rural Development
Constitution Hall
Lansing, MI 48909
You have asked whether the Right to Farm Act, 1981 PA 93, MCL 286.471 et seq., preempts
provisions in ordinances adopted by local units of government that regulate farming activities
when the Commission of Agriculture and Rural Development[!] has developed generally
accepted agricultural and management practices that address those farming activities.
Michigan first adopted the Right to Farm Act in 1981. Michigan's Act was one of many right
to farm acts adopted across the country during the late 1970s and early 1980s. 8 ALR6th 465,
§ 2. During that time-period, the spread of residential development into traditionally rural
areas increased pressure on farm land and farmers. Id. As noted in a staff legislative
analysis of the bill that became the Michigan Right to Farm Act, newcomers to traditionally
agricultural areas were not accustomed to the noises, odors, and dust associated with
agricultural activities. House Legislative Analysis, HB 4054 (April 7, 1981). Proponents of
the legislation were concerned that farmers would face increased nuisance lawsuits seeking to
enjoin agricultural activities and that such lawsuits, if successful, could result in economic
ruin for those farmers. Id.
The Act provides that [a] farm or farm operation shall not be found to be a public or private
nuisance under two circumstances: (1) if the farm conforms to generally accepted
agricultural and management practices; or (2) if the farm or farm operation existed before a
change in the land use or occupancy of land within 1 mile of the boundaries of the farm land,
and if before that change in land use or occupancy of land, the farm or farm operation would
not have been a nuisance. MCL 286.473, as amended by 1987 PA 240 and 1995 PA 94. The
Act originally stated that it did not affect the application of state and federal statutes.
MCL 286.474, as amended by 1995 PA 94 and 1999 PA 261. Because the Act barred finding a](ViewImageLocal?handle=hein.sag/sagmi0143&div=1&collection=&method=preview&ext=.png&size=3)