Use of existing farm operation - Ask Extension
I am currently a lavender farm that holds weekend festivals and allows groups and individuals to come on my farm for a variety of reasons (upick, phot...
Knowledgebase
Use of existing farm operation #918638
Asked September 26, 2025, 11:12 AM EDT
I am currently a lavender farm that holds weekend festivals and allows groups and individuals to come on my farm for a variety of reasons (upick, photo opportunities, yoga classes, etc). I have been approached with the idea of holding family/friend gatherings utilizing the rural atmosphere and peaceful environment of the farm. The local township is saying that would put me into commercial zoning. I already sell products on the farm and thus am already "commercial". I do not live in close proximity to housing. My sister-in-law (part owner of farm) is my immediate neighbor on one side and a church borders the other side. What would you suggest for working with the township moving forward? Does the scenario fall under Right to Farm? or a need to amendment current zoning? Any suggestions would be greatly appreciated.
Monroe County Michigan
Expert Response
Greetings,
I encourage you to read: Right to Farm Act can preempt local regulation authority, but not all local regulations and Court clarification on Right to Farm and local regulation.
Given the detail you share, it seems clear that your lavender farm enjoys Right to Farm Act (RTFA) nuisance protection and ordinance preemption for several aspects of the operation. The RTFA includes farm markets in the definition of a farm operation, though this definition does not define a farm market or describe specific marketing activities. Thus, not all potentially related 'activities' are covered under the RTFA. You will want to familiarize yourself with the Farm Markets Generally Accepted Agricultural and Management Practices (GAAMPs). A Key definition in the Fram Markets GAAMPs is the term 'marketing':
Marketing – Promotional and educational activities at the farm market incidental to farm products with the intention of selling more farm products.
Not only does the marketing activity need to be incidental to the farm, but it also needs to be intended to increase sales of farm products. Farm markets can offer farm related experiences and farm products through a variety of agritourism activities. Those experiences promote sale of more farm products and provide an added income stream to support the farm business, keeping farmland in production.
So, the challenge you have before you is to demonstrate to the township zoning administrator that you are providing promotional and educational activities that are intended to help you sell more farm products. Be aware that the burden of proof falls on you as the farmer, and under the Farm Markets GAAMPs, the township is able to regulate some aspects of the farm market.
Please note: My response to your question is based solely on my understanding of the limited information provided. Additional facts could lead to a different interpretation or response. I am not an attorney, and this should not be considered legal advice. I strongly encourage you to consult with a qualified attorney licensed to practice in Michigan for guidance specific to your situation.
I encourage you to read: Right to Farm Act can preempt local regulation authority, but not all local regulations and Court clarification on Right to Farm and local regulation.
Given the detail you share, it seems clear that your lavender farm enjoys Right to Farm Act (RTFA) nuisance protection and ordinance preemption for several aspects of the operation. The RTFA includes farm markets in the definition of a farm operation, though this definition does not define a farm market or describe specific marketing activities. Thus, not all potentially related 'activities' are covered under the RTFA. You will want to familiarize yourself with the Farm Markets Generally Accepted Agricultural and Management Practices (GAAMPs). A Key definition in the Fram Markets GAAMPs is the term 'marketing':
Marketing – Promotional and educational activities at the farm market incidental to farm products with the intention of selling more farm products.
Not only does the marketing activity need to be incidental to the farm, but it also needs to be intended to increase sales of farm products. Farm markets can offer farm related experiences and farm products through a variety of agritourism activities. Those experiences promote sale of more farm products and provide an added income stream to support the farm business, keeping farmland in production.
So, the challenge you have before you is to demonstrate to the township zoning administrator that you are providing promotional and educational activities that are intended to help you sell more farm products. Be aware that the burden of proof falls on you as the farmer, and under the Farm Markets GAAMPs, the township is able to regulate some aspects of the farm market.
Please note: My response to your question is based solely on my understanding of the limited information provided. Additional facts could lead to a different interpretation or response. I am not an attorney, and this should not be considered legal advice. I strongly encourage you to consult with a qualified attorney licensed to practice in Michigan for guidance specific to your situation.
From: Ask Extension
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To: <personal data hidden>
Date: Mon, Sep 29, 2025 at 12:36 PM GMT-04:00
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To: <personal data hidden>
Date: Mon, Sep 29, 2025 at 12:36 PM GMT-04:00
Arlene Tucker
Tucker Farms
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