Category Archives: Matt Heron

“Necessary” Farm Operations under the Right to Farm Act: Township of Williamston v. Sandalwood Ranch, LLC

Introduction 

The Michigan Court of Appeals recently provided clarity regarding interpretation of the term “farm operations” under the Michigan Right to Farm Act, (“RTFA”), MCL 286.741, et seq., in Williamston Twp v Sandalwood Ranch, LLC, ___ Mich App __; ___ NW2d ___ (2018) (Docket No. 337469).  In its decision, the Court of Appeals held that in order for a use to be protected under the RTFA that use must be “necessary” for farm operations under the RTFA, and while “absolute necessity” was not required, such a use must be more than just a matter of convenience to warrant protection.

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The Growth of Form-Based Codes in Michigan Zoning

            In Michigan the governmental regulation of land use is largely achieved through the Michigan Zoning Enabling Act, (“MZEA”), MCL 125.3101, et seq.  The MZEA allows local municipalities to adopt zoning ordinances which regulate the physical appearance and use of property within their jurisdiction.  For decades zoning ordinances adopted pursuant to the MZEA or its predecessors focused primarily on regulating the use of property, and not necessarily on the physical form of the property and its buildings.  Over the past two decades there has been a slow and gradual shift from use-based zoning to zoning based on the physical form of property, especially in downtown areas.

 

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