Agricultural: Right to Farm
On this page:
- Who is protected from nuisance suits under the Right to Farm Act (RTFA) (May 5, 2009)
- What sorts of local regulations are preempted by the Right to Farm Act (RTFA)
- Suggestions for Ordinances Allowing Backyard Poultry
- Sample zoning for agriculture-like and urban agriculture
- Urban Livestock Workgroup - Recommendations Report To Director Jamie Clover Adams and State Senator Joe Hune
- When Urban Agriculture Meets Michigan's Right To Farm Act: The Pig's in the Parlor
"Who is protected from nuisance suits under the Right to Farm Act (RTFA)" is a decision tree table to attempt to indicate when farming is protected from nuisance suits under the RTFA. The format is a series of "yes"/"no" questions.
Suggestions, or recommendation for community ordinances which allow poultry in residential settings. These suggestions do not mean or imply that such a provision in a local ordinance is allowed under the Right To Farm Act. Separate analysis on that issue will still need to be done.
This MSU Extension publication is intended to be a starting point for local governments which are working on amending zoning to accommodate local food systems with urban agriculture, agriculture in category 4 sites, in communities of over 100,000 population, and agriculture-like land uses.
The document reviews the jurisdiction issues concerning local regulation of agriculture and the Right to Farm Act, substantive due process, suggested local stakeholders to involve in the discussions, a sample zoning amendment text, and a listing of additional resources. It is anticipated for any one community the sample will appear to be overwritten. It is. The intent was to write it for use in large cities and rural townships covering all those bases. Intent is for a local government using the document to edit (mainly deleting) to craft a proposed zoning amendment for its own use.
We anticipate this new topic, for Michigan, will result in this publication to be likely to change and be updated. Please make sure your copy is dated September 1, 2016 or newer.
Urban Livestock Workgroup - Recommendations Report To Director Jamie Clover Adams and State Senator Joe Hune
Urban Livestock Technical Group Report; Urban Livestock Technical Workgroup Guidelines which covers recommendations for practices (and zoning ordinance content) concerning urban agriculture soils; livestock health, housing, nutrition/feeding/forage, feed storage, slaughter, euthanasia; waste and manure management; runoff; fencing and trees; pest control (pesticide and other chemical drift). The report reflects the thinking of faculty at Michigan State University and MSU Extension, specialists with the Michigan Department of Agriculture and Rural Development and the Detroit City Planner.
A very complete and authorative peer reviewed law journal article on Right to Farm Act issues is available fromMichigan State Law Review (Norris, Patricia, Gary Taylor and Mark Wyckoff; “When Urban Agriculture Meets Michigan’s Right To Farm Act: The Big’s in the Parlor”; Michigan State Law Review; 2011:2 Mich St. L. Rev. 365).