Michigan Right to Farm Law

Michigan's Right to Farm Act is a strong law to protect farmers and their farm operations. As people move closer to farms more complaints are filed. Just because a local government sends a letter stating your in violation of the local ordinance, does not mean that you have violated the law. If your farm operation is conducted in an agricultural district or if your farming operation was originally in an agricultural district that was later changed to something that does not allow farming, you still have rights.

"Farm" under the Act means" the land, plants, animals, buildings, structures, including ponds used for agricultural or aqua cultural activities, machinery, equipment, and other appurtenances used in the commercial production of farm products."

The Right to Farm Law provides that a farm or farm operation shall not be found to be a public or private nuisance if the farm or farm operation alleged to be a nuisance conforms to generally accepted agricultural and management practices (GAAMPs) according to policy determined by the Michigan commission of agriculture.

Although the definition of "commercial production" was not defined, a court case defined it to mean " the act of producing or manufacturing an item intended to be marketed and sold at a profit." There must be a profit motive. If you are farming for just your family, then the Right to Farm law does not offer protection.

Many township zoning ordinances define farming as needing to have 20 acres or more. However, the Right to Farm law does not require a minimum amount of acreage needed to farm. A farming operation with a little more than one acre may be protected.

What makes the Michigan Right to Farm law so effective in the provision that preempts a local ordinance.  The law clearly states that it is the express legislative intent that the Right to Farm law is to preempt any local ordinance, regulation, or resolution that purports to extend or revise in any manner the provisions of this act or generally accepted agricultural and management practice developed under this act. Except as otherwise provided in this section, a local unit of government shall not enact, maintain, or enforce an ordinance, regulation, or resolution that conflicts in any manner with this act or generally accepted agricultural and management practices developed under this act.

Michigan case law strongly protects the preemption of local ordinances. The law is a valid defense to a township’s nuisance suit that arises out of an alleged violation of its zoning ordinance.

When you get a letter that your farm operation is in violation of a local zoning ordinance, consult with an attorney to determine your legal rights.

[The information presented above is general in nature and not intended to be the sole source of guidance or specific legal advice. Individual consultation should be obtained from an attorney or other appropriate professional.]

Herd Share Agreements

In Michigan, the sale of raw milk is illegal. Unpasteurized milk can carry dangerous bacteria such as salmonella, e. coli, listeria. The owner of a cow or goat is entitled to consume the raw milk of their animal. The milk does not enter the stream of commerce. There are benefits to drinking raw milk.

Currently, the Michigan Department of Agriculture has taken the position that herd shares are permissible.

A herd share agreement is when a consumer purchases a cow or goat or share of a cow or goat herd, and then pays the farmer a fee for boarding their animal, caring for the animal, and milking that animal.

The sale of raw milk can help the small farmer that is not a commercial dairy. There are many issues that the farmer has to be aware of. Some of these issues concern boarding costs, liability, washing of containers, exchanging of the animal, and how to handle the situation of a buyer wanting out of the contract.

Remember, you are a herd manager not the owner. You should be providing reports to the owners. Don't act like an owner, and don't register your animals for shows showing that you are the owner and not the herd.

Always consult with an attorney before starting your herd share farm operation.