Think about how your neighbors might view your agritourism operation(s).  For example, is there a lot of traffic generated, when, and how often?  Are there noises from tractors or other farm equipment?  Are there animal noises or smells?  

Though your neighbors may be generally supportive of what you are trying to do, they may not appreciate the added noises, odors, traffic, or people visiting your farm.  Each year, the Michigan Department of Agriculture and Rural Development (MDARD) receives several hundred complaints about farms.  Michigan’s Right to Farm Act may or may not protect you depending on your farm or type of farm operation. 

According to the National Agricultural Law Center, all fifty states have enacted right-to-farm laws. These laws seek to protect qualifying farmers and ranchers from nuisance lawsuits filed by individuals who move into a rural area where normal farming operations exist, and who later use nuisance actions to attempt to stop those ongoing operations. While the overall statutory schemes might be similar, each state’s laws can differ widely.

Michigan’s Right to Farm Act (RFTA) was enacted in 1981 and is recognized nationally as a model for resolving disputes between farmers and neighbors or local governments when they allege that practices on the farm constitute an actionable nuisance. Michigan’s RFTA provides a broad definition of a farm, its operations, and its products.  

Its definitions include (see Rule for complete definitions):

• “Farm” – land, plants, animals, buildings, structures, ponds, machinery, equipment
• “Farm Operation” – various activities that occur during the process of production, harvesting, and storage (see Rule for specific examples)
• “Farm Product” – plants and animals useful to human beings produced by agriculture (see Rule for specific examples)
• “Generally Accepted Agricultural and Management Practices (GAAMPs)” – (see list of practices defined)
• “Person” means an individual, corporation, partnership, association, or other legal entity. 

Note: In 1998, the Michigan Agricultural Processing Act was enacted, offering a suite of nuisance protections to operations engaged in processing of agricultural products, including food for human consumption and animal feed. This Act differs from the Right to Farm Act.

In addition to defining “what constitutes a farm”, the RFTA authorizes the Michigan Commission of Agriculture and Rural Development (MDARD) to develop and adopt Generally Accepted Agricultural and Management Practices (GAAMPs) for farms and farm operations in Michigan.  These GAAMPs define socially and environmentally responsible farming practices.  The GAAMPS were developed by technical advisory review committees and presented to MDARD for review and approval.

Farmers who voluntarily follow these GAAMPs are offered some protection from nuisance lawsuits over matters such as noise, odor, dust and even operating a farm market as long as the farmers comply with the practices.  Conformance with GAAMPs is a defense against nuisance litigation.

Michigan’s GAAMPs cover the following operational areas: 

• Care of Farm Animals 
• Cranberry Production 
• Farm Markets 
• Irrigation Water Use 
• Manure Management and Utilization 
• Nutrient Utilization 
• Pesticide Utilization and Pest Control 
• Site Selection and Odor Control for New and Expanding Livestock Facilities 

The link to the various GAAMPS is at:  https://www.michigan.gov/mdard/environment/rtf/gaamps

The Right to Farm Program within the MDARD can assist farms of all sizes by reviewing the farm operation’s conformance with the GAAMPs. Though most of these requests are for livestock and farm animals, MDARD also reviews a variety of operations. MDARD works with the farm to evaluate all applicable management practices and facility designs, as well as the proximity to non-farm neighbors and existing land use considerations.  

There are two types of reviews; both are done at the farmer’s request.

• Proactive – Review is done in advance at the farmer’s request to determine the farmer’s compliance with GAAMP, typically done when expanding or adding an operation.  
• Upon Complaint – Investigation is initiated upon receipt of a complaint.  Staff will review the farmer’s operation to determine compliance with the GAAMP as part of MDARD’s response.

According to MDARD, on-farm production agriculture is the foundation of Michigan’s $104.7 billion food and agriculture industry, with livestock facilities generating more than $8.2 billion in annual cash receipts.  Yet, there are increasing social and environmental concerns regarding agricultural production in Michigan, especially animal agriculture. These proactive reviews are important not only to the farmer but to the state. They allow the industry sector to grow in a responsible way that minimizes nuisance to nonfarm neighbors.

How are prospective neighboring property buyers aware of the farm and its operation?

The RFTA states that a seller of real property located within 1 mile of the property boundary of a farm or farm operation may voluntarily make available to the buyer the following statement: “This notice is to inform prospective residents that the real property they are about to acquire lies within 1 mile of the property boundary of a farm or farm operation. Generally accepted agricultural and management practices may be utilized by the farm or farm operation and may generate usual and ordinary noise, dust, odors, and other associated conditions, and these practices are protected by the Michigan right to farm act.”  286.473c Property subject to disclosure; contents of statement. Sec. 3c. (1).

Whose rules do you follow when the RFTA and GAAMPs conflict with local zoning ordinances?  

The RTFA will preempt local zoning ordinances when such ordinances conflict with GAAMPs approved by MDARD.  Without this pre-emption, many local ordinances might be passed that severely restrict farming operations.  

Does RFTA exempt farmers from obtaining building permits for agricultural buildings?

Certain agricultural buildings are exempt from state requirements to obtain building permits before their construction.  The state construction code, not the Michigan RFTA, provides farmers with this limited exemption.  Michigan Farm Bureau has helpful FAQs on this area:  https://www.michfb.com/agriculture/farming-resources/land-use-regulation/building-permit-exemption

There are several places to seek advice and guidance on the RTFA.

• Review the law.  Review the Michigan Right to Farm Act, P.A. 93.  You’ll find the specifics and definitions about the ruling.
  https://www.legislature.mi.gov/documents/mcl/pdf/mcl-Act-93-of-1981.pdf
• Review any applicable GAAMP(s).  Review the GAAMPs that apply to your operation(s) and follow them.
  https://www.michigan.gov/mdard/environment/rtf/gaamps
  
• Contact MDARD Michigan Department of Agriculture and Rural Development.  Staff are available to answer any questions or participate in outreach activities to help farmers, neighbors, and local government officials understand the RTF Act.

Erica Rogers, Program Manager 
Right to Farm Program
P.O. Box 30017
Lansing, MI  48909
Phone: 877-632-1783, 517-245-5488
Email:MDARD-RTF@Michigan.gov

• Contact MSU Extension
  Staff are available to assist with questions related to the Right to Farm Act.  Ryan Coffey Hoag is the Chair of the Advisory Committee for GAAMPs for Farm Markets and has extensive knowledge of the RTFA, especially as it applies to Farm Markets and Agritourism Farms.  He is available to answer questions and assist with township zoning issues.

Ryan Coffey Hoag, Extension Educator, Land Use
Government & Community Vitality, MSU Extension
(231) 924-9677
coffeyry@msu.edu

• Contact Michigan Farm Bureau Family of Companies

Their website has answers to common FAQs and an online chat feature to ask questions regarding the Act.
https://www.michfb.com/agriculture/political-action/right-farm-act

Farm Bureau also has a comprehensive list of farming resources.  https://www.michfb.com/agriculture/farming-resources

Matt Kapp, Government Relations Specialist
Michigan Farm Bureau
517-679-5338
mkapp@michfb.com