GAAMPs: How to Apply
Current State of the GAAMPs
In 2014 changes were made to the Site Selection GAAMP that created a new Category 4 designation for livestock operations, which is defined such that Category 4 farms cannot be compliant with the GAAMPs. Since that time MDARD had developed a new GAAMPs compliance process, which now begins with a Category Determination step. (Note that these changes do not apply to bees, since bees are not considered to be livestock by MDARD.)
If the result of the Category Determination is that you are a Category 3 farm, MDARD will assist you in meeting Right to Farm requirements, and once all these requirements are met will write a letter to your township to advise them that you are compliant with the GAAMPs and therefore protected under the MIchigan Right to Farm Act. If you are a Category 3 farm with township action being taken against you, working through this process with MDARD will very likely be beneficial to your efforts to keep your farm operation, regardless of the size of your operation, or where it is.
If instead you are found to be a Category 4 site, it is our experience that no such assistance by MDARD will be provided. Category 4 designation is triggered by two different criteria, one of which is whether you are zoned residential or some other non-agricultural zoning designation. It is the view of the Michigan Small Farm Council that this trigger is in conflict with the Michigan Right to Farm Act itself, since that Act prohibits the use of local regulations to determine which farms are protected by the Right to Farm Act. MDARD, however, has a different view, and treats the use of zoning information in the determination of Category 4 designation as if it is not in direct conflict with the law. We further note that since this change to the GAAMPs in 2014, many townships in Michigan have undertaken re-zoning efforts that replace agricultural zoning with some other zoning designation, with the specific purpose of forcing parcels into this Category 4 designation, such that they cannot be protected by the Right to Farm Act.
Definition of Category 4 and the two criteria that trigger Category 4 designation
"Category 4 Sites are locations that are primarily residential and do not allow agricultural uses by right and are not acceptable under the Siting GAAMPs for livestock facilities or livestock production facilities regardless of the number of animal units." (as defined in the 2014 Site Selection GAAMP)
POST-2014 MSFC RECOMMENDATIONS FOR REQUESTING A GAAMPs INSPECTION
1. Call the Michigan Right to Farm office to request information on how to be certified as being compliant with the GAAMPs.
That number is 877 - 632- 1783.
2. MDARD will very likely interpret this as a request for Category Determination, and will ask for the following:
This is our current understanding of the process, based on farmers we work with. If you have a different experience please let us know so we can update this page. Please contact us at any time at [email protected] for additional information or assistance.
The Michigan Small Farm Council is not operated by attorneys and does not provide legal advice. If you want or need legal advice you should contact an attorney. For a list of attorneys familiar with the Michigan Right to Farm Act, see the Legal Resources page on this site.
In 2014 changes were made to the Site Selection GAAMP that created a new Category 4 designation for livestock operations, which is defined such that Category 4 farms cannot be compliant with the GAAMPs. Since that time MDARD had developed a new GAAMPs compliance process, which now begins with a Category Determination step. (Note that these changes do not apply to bees, since bees are not considered to be livestock by MDARD.)
If the result of the Category Determination is that you are a Category 3 farm, MDARD will assist you in meeting Right to Farm requirements, and once all these requirements are met will write a letter to your township to advise them that you are compliant with the GAAMPs and therefore protected under the MIchigan Right to Farm Act. If you are a Category 3 farm with township action being taken against you, working through this process with MDARD will very likely be beneficial to your efforts to keep your farm operation, regardless of the size of your operation, or where it is.
If instead you are found to be a Category 4 site, it is our experience that no such assistance by MDARD will be provided. Category 4 designation is triggered by two different criteria, one of which is whether you are zoned residential or some other non-agricultural zoning designation. It is the view of the Michigan Small Farm Council that this trigger is in conflict with the Michigan Right to Farm Act itself, since that Act prohibits the use of local regulations to determine which farms are protected by the Right to Farm Act. MDARD, however, has a different view, and treats the use of zoning information in the determination of Category 4 designation as if it is not in direct conflict with the law. We further note that since this change to the GAAMPs in 2014, many townships in Michigan have undertaken re-zoning efforts that replace agricultural zoning with some other zoning designation, with the specific purpose of forcing parcels into this Category 4 designation, such that they cannot be protected by the Right to Farm Act.
Definition of Category 4 and the two criteria that trigger Category 4 designation
"Category 4 Sites are locations that are primarily residential and do not allow agricultural uses by right and are not acceptable under the Siting GAAMPs for livestock facilities or livestock production facilities regardless of the number of animal units." (as defined in the 2014 Site Selection GAAMP)
- "Primarily Residential – Sites are primarily residential if there are more than 13 non-farm residences within 1/8 mile of the site or have any non-farm residence within 250 feet of the livestock facility." (as defined in the 2014 Site Selection GAAMP)
- In general "do not allow agricultural uses by right" is interpreted to mean "not zoned agricultural".
POST-2014 MSFC RECOMMENDATIONS FOR REQUESTING A GAAMPs INSPECTION
1. Call the Michigan Right to Farm office to request information on how to be certified as being compliant with the GAAMPs.
That number is 877 - 632- 1783.
2. MDARD will very likely interpret this as a request for Category Determination, and will ask for the following:
- A letter requesting a Category Determination and why you would like to have one.
- Your township's land use zoning classification for your property.
- A map or sketch of your property showing where you plan to build a livestock facility.
- A farm management plan that includes the type and number of farm animals you intend to have, how manure from these animals will be managed, land applied and utilized for crop production, and record keeping. They will also provide you with a copy of Manure Management Practices. We provide an example of one manure management plan here.
This is our current understanding of the process, based on farmers we work with. If you have a different experience please let us know so we can update this page. Please contact us at any time at [email protected] for additional information or assistance.
The Michigan Small Farm Council is not operated by attorneys and does not provide legal advice. If you want or need legal advice you should contact an attorney. For a list of attorneys familiar with the Michigan Right to Farm Act, see the Legal Resources page on this site.
PRE-2014 MSFC RECOMMENDATIONS FOR REQUESTING A GAAMPs INSPECTION (no longer appears to be relevant)
Demonstrating that your farm operation is in compliance with applicable GAAMPs - Generally Accepted Agricultural and Management Practices - is one way to demonstrate that your farm is protected under the Michigan Right to Farm Act.
To begin this process, we recommend the following:
1. Get a soil sample from your property tested.
One way to do this is to order the Soil Test Self-Mailer online:
http://msue.anr.msu.edu/resources/soil_test_kit_self-mailer.
2. Prepare a Manure Management Plan.
An example plan from 2013 can be found here.
3. Call the Michigan Right to Farm Program at 877 - 632- 1783, and ask to be put on the schedule for a GAAMPs inspection.
4. If the call results in something other than being put on the GAAMPs schedule, contact us at [email protected].