Michigan Laws 324.36104a – Permitted use; criteria; exception
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Terms Used In Michigan Laws 324.36104a
- agreement: means a restrictive covenant, evidenced by an instrument in which the owner and this state, for a term of years, agree to jointly hold the right to undertake development of the land, and that contains a covenant running with the land, for a term of years, not to undertake development, subject to permitted uses. See Michigan Laws 324.36101
- Agricultural use: means the production of plants and animals useful to humans, including forages and sod crops; grains, feed crops, and field crops; dairy and dairy products; poultry and poultry products; livestock, including breeding and grazing of cattle, swine, captive cervidae, and similar animals; berries; herbs; flowers; seeds; grasses; nursery stock; fruits; vegetables; maple syrup production; Christmas trees; and other similar uses and activities. See Michigan Laws 324.36101
- Development: means an activity that materially alters or affects the existing conditions or use of any land. See Michigan Laws 324.36101
- easement: means a grant, by an instrument, in which the owner relinquishes to the public in perpetuity or for a term of years the right to undertake development of the land, and that contains a covenant running with the land, not to undertake development, subject to permitted uses. See Michigan Laws 324.36101
- Farmland: means 1 or more of the following:
(i) A farm of 40 or more acres in 1 ownership, with 51% or more of the land area devoted to an agricultural use. See Michigan Laws 324.36101Open space land: means 1 of the following:
(i) Land that is 1 or more of the following:
(A) An undeveloped site included in a national registry of historic places or designated as a historic site pursuant to state or federal law. See Michigan Laws 324.36101Permitted use: means any use expressly authorized within a development rights agreement, development rights easement, or agriculture conservation easement that is consistent with the farming operation or that does not alter the open space character of the land, as applicable. See Michigan Laws 324.36101 state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o State land use agency: means the department of agriculture and rural development. See Michigan Laws 324.36101
(1) In determining whether a use is a permitted use, the state land use agency shall consider the following criteria:
(a) Whether the use adversely affects the productivity of farmland or adversely affects the character of open space land.
(b) Whether the use materially alters or negatively affects the existing conditions or use of the land.
(c) Whether the use substantially alters the agricultural use of farmland subject to a development rights agreement or substantially alters the natural character of open space land subject to an open space easement.
(d) Whether the use results in a material alteration of an existing structure to a nonagricultural use.
(e) Whether the use conforms with all applicable federal, state, and local laws and ordinances.
(2) Subsection (1) does not apply to a use authorized under section 36104c or 36104e.