About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

2018 Op. Mich. Att'y Gen. 1 (2018)

handle is hein.sag/sagmi0143 and id is 1 raw text is: 

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

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most