Michigan Laws 286.473 – Farm or farm operation as public or private nuisance; review and revision of practices; finding; conditions
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(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 Michigan commission of agriculture. Generally accepted agricultural and management practices shall be reviewed annually by the Michigan commission of agriculture and revised as considered necessary.
(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.
Terms Used In Michigan Laws 286.473
- 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. See Michigan Laws 286.472
- 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. See Michigan Laws 286.472Farm 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. See Michigan Laws 286.472 Generally accepted agricultural and management practices: means those practices as defined by the Michigan commission of agriculture. See Michigan Laws 286.472
(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.