Farm Markets, CSA, U-Pick, Nurseries, Greenhouse what can we regulate???

Asked December 5, 2019, 9:31 AM EST

I have asked this question before but still have not received an answer? Or Where on this page can I search old questions and answers is there a way? I would like to add Farm Markets which include CSA, U-Pic, Nurseries, and Greenshouses into my Minor Agricultural Business regulations but as I understand it they are exempt for the township regulations under the Michigan Right to Farm Act (MRTFA) and in the Farm Market GAAMPS it states that a farm markets can be regulated by local zoning for Building placement, parking, and signage. Along with regulations Farm Markets for these three items, In my purposed zoning regulations I am regulating the location of a farm market based on the size of the property, the location of the property on a public roadway, the size of the building used for the farm market, the landscape buffer space needed between the farm market and neighboring residential properties. I am not sure if this would be aloud or if this is exempt based on the MRTFA and the GAAMPS??? I have tried contacting the experts at other consulting firms and there appears to be much confusion over this item?? Please help.

Washtenaw County Michigan

1 Response

Greetings,

Looks like your question submission did work! As we discussed on the phone, 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