Section 286.473 - Farm or farm operation as public or private nuisance; review and revision of practices; finding; conditions. - Michigan Statutes

MICHIGAN RIGHT TO FARM ACT (EXCERPT)
Act 93 of 1981

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 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.

(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. July 11, 1981 ;-- Am. 1987, Act 240, Imd. Eff. Dec. 28, 1987 ;-- Am. 1995, Act 94, Eff. Sept. 30, 1995