Act 93 of 1981
286.471 Short title.
Sec. 1.
This act shall be known
and may be cited as the “
History: 1981, Act 93, Imd.
Eff.
286.472
Definitions.
Sec. 2.
As used in this act:
(a) “Farm” means the
land, plants, animals, buildings, structures, including ponds used for
agricultural or aquacultural activities, machinery,
equipment, and other appurtenances used in the commercial production of farm
products.
(b) “Farm operation”
means the operation and management of a farm or a condition or activity that
occurs at any time as necessary on a farm in connection with the commercial
production, harvesting, and storage of farm products, and includes, but is not
limited to:
(i)
Marketing produce at roadside stands or farm markets.
(ii) The generation of
noise, odors, dust, fumes, and other associated conditions.
(iii) The operation of
machinery and equipment necessary for a farm including, but not limited to,
irrigation and drainage systems and pumps and on-farm grain dryers, and the
movement of vehicles, machinery, equipment, and farm products and associated
inputs necessary for farm operations on the roadway as authorized by the
Michigan vehicle code, Act No. 300 of the Public Acts of 1949, being sections
257.1 to 257.923 of the Michigan Compiled Laws.
(iv)
Field
preparation and ground and aerial seeding and spraying.
(v) The application of chemical
fertilizers or organic materials, conditioners, liming materials, or
pesticides.
(vi)
Use of
alternative pest management techniques.
(vii) The fencing,
feeding, watering, sheltering, transportation, treatment, use, handling and
care of farm animals.
(viii) The management,
storage, transport, utilization, and application of farm by-products, including
manure or agricultural wastes.
(ix) The conversion from
a farm operation activity to other farm operation activities.
(x) The employment and
use of labor.
(c) “Farm product” means
those plants and animals useful to human beings produced by agriculture and
includes, but is not limited to, forages and sod crops, grains and feed crops,
field crops, dairy and dairy products, poultry and poultry products, cervidae, livestock, including breeding and grazing,
equine, fish, and other aquacultural products, bees
and bee products, berries, herbs, fruits, vegetables, flowers, seeds, grasses,
nursery stock, trees and tree products, mushrooms, and other similar products,
or any other product which incorporates the use of food, feed, fiber, or fur,
as determined by the Michigan commission of agriculture.
(d) “Generally accepted
agricultural and management practices” means those practices as defined by the
(e) “Person” means an
individual, corporation, partnership, association, or other legal entity.
History: 1981, Act 93, Imd.
Eff.
286.473
Farm or farm operation as public or private nuisance; review and revision of
practices; finding; conditions.
Sec. 3.
(1) 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 according to
policy determined by the
(2) A farm or farm
operation shall not be found to be a public or private nuisance 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.
(3) A farm or farm
operation that is in conformance with subsection (1) shall not be found to be a
public or private nuisance as a result of any of the following:
(a) A change in ownership
or size.
(b) Temporary cessation
or interruption of farming.
(c) Enrollment in
governmental programs.
(d) Adoption of new
technology.
(e) A change in type of
farm product being produced.
History: 1981, Act 93, Imd.
Eff.
286.473a
Repealed. 1999, Act 261, Eff.
Compiler's Notes: The repealed section pertained to complaints generally.
286.473b Recovery of costs and expenses.
Sec.
3b.
In any nuisance action
brought in which a farm or farm operation is alleged to be a nuisance, if the
defendant farm or farm operation prevails, the farm or farm operation may
recover from the plaintiff the actual amount of costs and expenses determined
by the court to have been reasonably incurred by the farm or farm operation in connection
with the defense of the action, together with reasonable and actual attorney
fees.
History: Add. 1995, Act 94, Eff.
286.473c Property subject to disclosure; contents
of statement.
Sec.
3c.
(1) Certain real property
is subject to those disclosures described in section 7 of the seller disclosure
act, Act No. 92 of the Public Acts of 1993, being section 565.957 of the
Michigan Compiled Laws. 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.”.
(2) Certain subdivided
land is subject to those disclosures described in section 8 of the land sales
act, Act No. 286 of the Public Acts of 1972, being section 565.808 of the
Michigan Compiled Laws.
History: Add. 1995, Act 94, Eff.
286.474
Investigation of complaints involving farm or farm operation; memorandum of
understanding; generally accepted agricultural and management practices;
unverified complaints; applicability of other statutes; preemption of local
ordinance, regulation, or resolution; ordinance proposed by local unit of
government; generally accepted agricultural and management practices for site
selection and odor controls at new or expanding animal livestock facilities;
advisory committee; manure management plan; duties of department; definitions.
Sec. 4.
(1) Subject to subsection
(2), the director shall investigate all complaints involving a farm or farm
operation, including, but not limited to, complaints involving the use of
manure and other nutrients, agricultural waste products, dust, noise, odor,
fumes, air pollution, surface water or groundwater pollution, food and
agricultural processing by-products, care of farm animals and pest
infestations. Within 7 business days of receipt of the complaint, the director
shall conduct an on-site inspection of the farm or farm operation. The director
shall notify, in writing, the city, village, or township and the county in
which the farm or farm operation is located of the complaint.
(2) The commission and
the director shall enter into a memorandum of understanding with the director
of the department of environmental quality. The investigation and resolution of
environmental complaints concerning farms or farm operations shall be conducted
in accordance with the memorandum of understanding. However, the director shall
notify the department of environmental quality of any potential violation of
the natural resources and environmental protection act, 1994 PA 451, MCL
324.101 to 324.90106, or a rule promulgated under that act. Activities at a
farm or farm operation are subject to applicable provisions of the natural
resources and environmental protection act, 1994 PA 451, MCL 324.101 to
324.90106, and the rules promulgated under that act. The commission and the
director shall develop procedures for the investigation and resolution for
other farm-related complaints.
(3) If the director finds
upon investigation under subsection (1) that the person responsible for a farm
or farm operation is using generally accepted agricultural and management
practices, the director shall notify, in writing, that person, the complainant,
and the city, village, or township and the county in which the farm or farm
operation is located of this finding. If the director identifies that the
source or potential sources of the problem were caused by the use of other than
generally accepted agricultural and management practices, the director shall
advise the person responsible for the farm or farm operation that necessary
changes should be made to resolve or abate the problem and to conform with
generally accepted agricultural and management practices and that if those
changes cannot be implemented within 30 days, the person responsible for the
farm or farm operation shall submit to the director an implementation plan
including a schedule for completion of the necessary changes. When the director
conducts a follow-up on-site inspection to verify whether those changes have
been implemented, the director shall notify, in writing, the city, village, or
township and the county in which the farm or farm operation is located of the
time and date of the follow-up on-site inspection and shall allow a
representative of the city, village, or township and the county to be present
during the follow-up on-site inspection. If the changes have been implemented,
the director shall notify, in writing, the person responsible for the farm or
farm operation, the complainant, and the city, village, or township and the
county in which the farm or farm operation is located of this determination. If
the changes have not been implemented, the director shall notify, in writing,
the complainant and the city, village, or township and the county in which the
farm or farm operation is located that the changes have not been implemented
and whether a plan for implementation has been submitted. Upon request, the
director shall provide a copy of the implementation plan to the city, village,
or township and the county in which the farm or farm operation is located.
(4) A complainant who
brings more than 3 unverified complaints against the same farm or farm
operation within 3 years may be ordered, by the director, to pay to the
department the full costs of investigation of any fourth or subsequent
unverified complaint against the same farm or farm operation. As used in this
subsection, “unverified complaint” means a complaint in response to which the
director determines that the farm or farm operation is using generally accepted
agricultural and management practices.
(5) Except as provided in
subsection (6), this act does not affect the application of state statutes and
federal statutes.
(6) Beginning
(7) A local unit of
government may submit to the director a proposed ordinance prescribing
standards different from those contained in generally accepted agricultural and
management practices if adverse effects on the environment or public health
will exist within the local unit of government. A proposed ordinance under this
subsection shall not conflict with existing state laws or federal laws. At
least 45 days prior to enactment of the proposed ordinance, the local unit of
government shall submit a copy of the proposed ordinance to the director. Upon
receipt of the proposed ordinance, the director shall hold a public meeting in
that local unit of government to review the proposed ordinance. In conducting
its review, the director shall consult with the departments of environmental
quality and community health and shall consider any recommendations of the
county health department of the county where the adverse effects on the
environment or public health will allegedly exist. Within 30 days after the
public meeting, the director shall make a recommendation to the commission on
whether the ordinance should be approved. An ordinance enacted under this
subsection shall not be enforced by a local unit of government until approved
by the commission of agriculture.
(8) By
(a) Establish an advisory
committee to provide recommendations to the commission. The advisory committee
shall include the entities listed in section 2(d), 2 individuals representing
townships, 1 individual representing counties, and 2
individuals representing agricultural industry organizations.
(b) For the generally
accepted agricultural and management practices for site selection, consider
groundwater protection, soil permeability, and other factors determined
necessary or appropriate by the commission.
(9) If generally accepted
agricultural and management practices require the person responsible for the
operation of a farm or farm operation to prepare a manure management plan, the
person responsible for the operation of the farm or farm operation shall provide
a copy of that manure management plan to the city, village, or township or the
county in which the farm or farm operation is located, upon request. A manure
management plan provided under this subsection is exempt from disclosure under
the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(10) The department shall
do all of the following:
(a) Annually submit to
the standing committees of the senate and house of
representatives with jurisdiction over issues pertaining to agriculture
and local government a report on the implementation of this act.
(b) Make available on the
department's website current generally accepted agricultural and management
practices.
(c) Establish a toll-free
telephone number for receipt of information on noncompliance with generally
accepted agricultural and management practices.
(11) As used in this
section:
(a) “Adverse effects on
the environment or public health” means any unreasonable risk to human beings
or the environment, based on scientific evidence and taking into account the
economic, social, and environmental costs and benefits and specific populations
whose health may be adversely affected.
(b) “Commission” means
the commission of agriculture.
(c) “Department” means
the department of agriculture.
(d) “Director” means the
director of the department or his or her designee.
History: 1981, Act 93, Imd.
Eff.