Tue 26 Jan, 2010
UPDATE: Sweeping New Pre-Emption of Local Zoning in Michigan
Filed under: General, Law, Rural, ZoningTags: Agriculture, Local Government, Preemption, Zoning Ordinance
The following was adapted from an update prepared by Kurt Schindler at MSU-Extension; reprinted with permission from the author:
The Michigan Commission on Agriculture has adopted a new Generally Accepted Agricultural Management Practice (GAAMP) for farm markets (effective January 2010).
NOTE: Under Michigan’s sweeping Right to Farm legislation, if the subject is covered by GAAMP standards issued by the Michigan Department of Agriculture, then it entirely preempts local zoning, including any special use approval or prohibition of the land use!
What is a “farm market” under the new GAAMP?
The GAAMP sets forth that a farm market is an “area” where transactions between a farm market operator and customers take place (not necessarily but might be a building/structure).
- At least 50 percent of the products marketed/offered for sale (measured over a five year timeframe) must be from the affiliated farm. The “50 percent” is normally measured by use of floor space.
- The farm market must be “affiliated” with a farm, meaning a farm under the same ownership or control (e.g. leased) as the farm market, but does not have to be located on the same property where the farm production occurs.
- The market must be located on land where local land use zoning allows for agriculture and its related activities.
- Marketing is part of a farm market, and can include:
- Community Supported Agriculture (CSA),
- U-Pick operations (also known as pick your own (PYO)), and
- Associated activities and services to attract and entertain customers (e.g., cooking demonstrations, corn mazes, tours, fishing pond, hay rides, horseback riding, petting farms, picnic areas, etcetera (a much longer list is in the GAAMP)).
What elements of a “farm market” remain under local control?
Services to attract and entertain customers are subject to local zoning ordinances, state, federal laws, and associated rules and regulations:
- If in a building/structure, the structure must comply with the Stille-Derosset-Hale Single State Construction Code Act (MCL 125.1501 et seq.) and placement of the structure shall comply with local zoning, including set-backs from property lines and right-of-ways.
- Parking may be on grass, gravel, or pavement; one vehicle parking space for every 200 sq. ft. of interior retail space or 1,000 sq. ft. of outdoor activity space.
- Driveways must have an Michigan Department of Transportation (MDOT), county road commission, or village/city street agency permits.
- Signs outside the farm market must comply with sign regulations of MDOT, and all applicable local regulations.
- External lighting must comply with all applicable local, state, and federal regulations for lighting outside the farm market.
Remember, if the subject is covered in GAAMPs, then it preempts zoning. The Farm Market GAAMP is a mix of subjects that can, and cannot, be regulated by zoning or other local ordinances.
Additional Resources:
Copy of the “farm market” GAAMP: (PDF file) (Website)
Copy of updated Land Use Series “Restrictions on Zoning Authority“: (PDF file)
Copy of updated Right to Farm Act decision tree: (PDF file)
Copy of updated Planning and Zoning for Animal Agriculture in Michigan: A Handbook for Local Governments by Pat Norris: (PDF file)
UPDATE:
We recently spoke with Mr. Wayne Whitman at the Michigan Department of Agriculture about the new Farm Market GAAMP. Below is a copy of his email follow up to Mr. Whitman, which summarizes some of the larger challenges created at the local level by this new state standard:
Wayne,
It was a pleasure to speak with you this past week. I hope I wasn’t too hard on you while passing on my professional concerns about the new “Farm Market GAAMP” (Generally Accepted Agricultural Management Practices) from the Dept. of Agriculture.
As we discussed, it is a big departure from the character and focus of previous GAAMP standards, and in my opinion is “not ready for prime time.” This new standard intrudes far beyond the intent of the Right-to-Farm Act into areas better and more effectively addressed at the local level. For example, the provisions related to farm market signage and percentage of locally grown produce read like an entry level community planner’s first attempt at writing zoning ordinance language, and are about as enforceable.
The Farm Market GAAMP will have vast unintended consequences, as it may call into question the legal defensibility of successful local efforts across Michigan to provide for “value added” agricultural activities in local ordinances. I understand that, as you noted, the GAAMP standards are not intended as regulations, but rather as statements of aspiration or guidance that attempt to set forth those practices that properly characterize farming in Michigan. However, the GAAMP standards have the force of law, in that they pre-empt local authority in the areas that the GAAMP governs. In my opinion, one of the unintended consequences of this Farm Market GAAMP, if not addressed, is that it may actually make it more difficult for farmers to diversify their income sources through value-added pursuits in the long run.
I strongly recommend that this Farm Market GAAMP be withdrawn and reconsidered. The top-down approach that the Farm Market GAAMP takes in setting one standard for the wide range of activities covered in the document is not healthy for our state’s rural economy, nor helpful for the local township officials who interact with farmers everyday. The character and mix of “value added” economic activities that fall under the broad reach of this flawed Farm Market GAAMP actually vary greatly across the state, and even within townships across a single county. These activities are far better addressed through local action at the township or county level, combined with educational efforts about best practices for value-added agriculture from the Michigan Association of Planning, rural planning experts like myself, and MSU-Extension.
If you would, please send me the contact information (phone, email) for the chair of the Farm Market GAAMP committee, and please pass this note on to the committee members. I noticed that the original committee for this GAAMP included no non-academic rural planning expertise, and no local township elected officials. That, I believe, was a significant oversight for a GAAMP standard that intrudes so far into areas of local zoning and local township authority. I would like to offer my assistance with any effort to fix the problems with this GAAMP, up to and including serving on a revamped committee if needed.
Thank you again for your time and answers to all of my questions about the formation of the Farm Market GAAMP. Feel free to contact me with any questions about this information.
Respectfully submitted,
Rodney C. Nanney, AICP
For more information on this topic, contact Rodney C. Nanney, AICP directly about speaking to your community (see contact information at the bottom of this page), or click here to ask about how Building Place can help you turn your zoning ordinance into an effective community building tool.
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