Our Feed

We are involved in our communities, our profession, and our clients' associations and activities.

Does a farmer constructing a pole barn for livestock have to receive a zoning compliance permit from the township?

The answer depends on the farming operation and the structure proposed. Many townships or counties are involved in issuance of a building permit to ensure that new structures meet the State Construction Code Act. This ensures that the structure is properly built. The Act provides an exemption to a building erected solely for agricultural purposes. Under that exemption, agricultural buildings do not need to receive a permit. Many municipalities still require the farmer to complete an affidavit attesting that the building is solely used for agricultural purposes.

This exemption for building permits is often misapplied in the zoning context, leading individuals who are building agricultural buildings to believe they are also exempt from a zoning permit for the same reason. The township still may not be able to require a zoning compliance permit, but it is for a different reason. The Michigan Right to Farm Act protects commercial farms that are in compliance with the Act and the Generally Accepted Agricultural Management Principles (GAAMPs). If the farm or farming operation is commercial in nature and conforms to the GAAMPs and the building is to be used for such farming operations protected by the Right to Farm Act, the township is unable to enforce any zoning ordinance provisions that conflict with the Act. Therefore, depending on each case, in certain circumstances the farmer may also not need a zoning compliance permit.

Recent Articles & Announcements

  1. What notice requirements apply t...

    There are various statutes that allow townships to fund improvements (e.g., road projects, fire protection services, among others) by specia...

    Read More
  2. 2024 United States Supreme Court...

    The United States Supreme Court issued a unanimous decision on March 15, 2024, in Lindke v Freed, ___US___, 2024 U.S. LEXIS 1214 (2024). Thi...

    Read More
  3. Understanding Approvals with Con...

    In this month’s E-Letter we will discuss land use approvals with conditions, including the basics, when imposing conditions on land use ap...

    Read More
Talk to an Attorney
Request a Consultation

At Fahey Schultz Burzych Rhodes PLC, we’ve been helping municipalities, franchised businesses, employers, and more with their legal needs since 2008. We’d love to learn how we can help you, too.