Right to Farm Act and Ag Tourism Regulations

Asked November 26, 2019, 10:29 AM EST

The RTFA and the GAAMPS regulates Farm Markets (including CSA and U-pick operations). Can I include these in my ag tourism regulations if the regulations regulate more than just the Setbacks, Signage, and Parking. The GAAMPS states that local regulations for Setbacks, Signage and Parking need to be followed. I would like to regulate that Larger Farm Markets be located on lot over 10 acres and with direct access to a public roadway. Is that allowed?

Washtenaw County Michigan

1 Response

Local government cannot regulate that which the RTFA or any of the published GAAMPs covers. Using one of the proposed regulations as an example, because a minimum lot size requirement could preclude a farmer from establishing a farm market on a parcel he/she owners or leases, I believe the regulation would be in conflict with the Farm Market GAAMP. Each proposed regulation for commercial agricultural activity must be considered in light of each GAAMP and the specifics therein.

Also see -

Right to Farm Act can preempt local regulation authority, but not all local regulations