Farms next to neighborhoods pose special challenges only cities can address

John Mogk is a professor of law at Wayne State University.

By John Mogk
Detroit Free Press
Mar 2, 2011

Excerpt:

Michigan’s Right to Farm Act stands in the way of Detroit and other cities promoting urban agriculture. The act prohibits cities from enforcing local zoning ordinances to protect neighborhood residents from problems created by commercial farms.

In Detroit — where poverty, hunger, unemployment, low family income, malnutrition, neighborhood blight and vacant land are major challenges — urban farming can make a difference. But farms, even small ones, can pose neighborhood risks if they are not controlled properly for noise, odors, vermin, insects, pesticides, wastes and increased traffic.

Michigan cities are authorized to regulate all other residential, commercial and industrial businesses within their boundaries. Farming is the only exception and needs to be included.

How did this happen?

The Michigan Right to Farm Act was adopted in 1981 to protect farms from sprawling subdivisions gobbling up valuable farmland. At the time, new suburbanites in outlying areas were bringing suits against neighboring family farms for nuisance, thereby threatening these farms.

Read the complete article here.