We believe Michigan's Right to Farm Act is a model for the country, allowing all sectors of commercial agriculture to utilize existing and new technologies through generally accepted management practices on a voluntary basis while enhancing the environment.
The integrity of Michigan’s Right to Farm Act and science-based Generally Accepted Agricultural and Management Practices (GAAMPs) should not be weakened or jeopardized by including practices not integral or directly related to farming.
We recognize the fundamental differences between farming operations in terms of size, soil types, and location. We urge all producers to be aware of applicable GAAMPs and encourage them to employ the Michigan Agriculture Environmental Assurance Program (MAEAP) and provisions of the farm bill as management tools in the production of agricultural products and possible expansion of their operations.
We support:
- Developing realistic land-use plans that allow agriculture to evolve, incorporate technology and produce commodities based on market demands.
- Research on improving manure storage and processing, building design, vegetative barriers and types of livestock feed that could mitigate nuisance odors.
- Developing an odor estimation model tailored to Michigan's climatic conditions.
- Changing the Agricultural Disclosure Statement (ADS) to include:
- Seller notification to the potential buyer.
- A separate document at the time of closing.
- Updating the ADS to include additional agricultural practices.
- The Michigan Right to Farm Act protecting users of existing and new technology, including energy production for on-farm use.
We oppose:
- Agricultural operations being restricted to operating only under their historical use.
- Expanding livestock farms being deemed nuisances as a result of new non-farm home construction within the approved setback distance after Michigan Department of Agriculture and Rural Development (MDARD) site approval but prior to expansion’s completion.
- Right to Farm protection extending to cannabis growing facilities until growing the plant becomes legal at the federal level.
- Ballot initiatives seeking to control generally accepted livestock production and management practices.
- The inclusion of commercial wind turbine or solar facilities in the definition of a farm.
Cooperation
We will work with MDARD and Michigan State University to inform farmers, local units of government, and other interested individuals of the positive benefits of the Right to Farm Act and GAAMPs. We encourage all farmers to follow the recommendations to demonstrate positive concerns for our neighbors and the environment. We encourage greater farmer participation on township boards and planning commissions to review existing ordinances, help educate about Right to Farm and GAAMPs, and assist in creating ordinances consistent with the Right to Farm Act. We encourage the State of Michigan and local units of government to structure programs, ordinances, and community development plans in a manner consistent with the Right to Farm Act.
We urge Michigan Farm Bureau to study and recommend amendments to the Right to Farm Act to provide additional protection for agricultural producers enrolled in PA 116 or a permanent farmland preservation program.
GAAMPs
GAAMPs should be viewed as guidelines rather than statutory law, as they are reviewed and updated annually to reflect current agricultural practices. Consideration should first be given to amending existing GAAMPs to address areas of concern, followed by investigation into creating new GAAMPs as necessary.
The GAAMP for Site Selection and Odor Control for New and Expanding Livestock Facilities has specific setbacks and scientific parameters.
We support:
- Action by the Michigan Commission of Agriculture and Rural Development to remove language specific to local zoning from the siting and farm market GAAMPs.
- Creating a GAAMP for ag labor housing.
- Creating a greenhouse GAAMP that provides nuisance protection for permanent and temporary greenhouse structures used for commercial or production agricultural purposes (except cannabis), regardless of population, zoning, or tax classification.
- Continued use of GAAMPs to define acceptable farm management practices in Michigan.
- A cooperative effort between MDARD, MFB, and other stakeholders to define “commercial production of farm products” within the GAAMPs.
We oppose:
- Using non-farm residences to define setbacks for manure structures and stacking.
- We are concerned about the exemption of GAAMP applicability to municipalities with a population of 100,000 or more.
- We urge greater producer participation on all GAAMP committees.
Complaint Process
The electronic complaint process should include a complete description of the law, including the process and implications for verified and unverified complaints. Following the official Right to Farm visit, follow-up correspondence and appropriate action shall be communicated promptly to the farm owner and the complainant, including MDARD’s ability to enforce action against the farm and/or the complainant.
We urge MDARD to notify all complainants of the law allowing MDARD to levy a penalty for unverified complaints. We strongly urge MDARD to recoup the costs of investigating unverified complaints, as provided for in the Right to Farm Act. We do not support anonymous Right to Farm complaints.