[ Previous Page] [ Home Page ]
The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 6222 May 1, 1984 FARM OPERATIONS: Impact of agriculture operations nuisance statute upon township ordinance regulating roadside stands TOWNSHIPS: Regulation of roadside stands for agricultural products A township ordinance, which regulates roadside stands for the sale of agricultural products, does not violate 1981 PA 93. Honorable Mat J. Dunaskiss State Representative State Capitol Lansing, Michigan You have requested my opinion whether an Oakland Township Ordinance regulating roadside stands violates the Michigan Right to Farm Act, 1981 PA 93; MCLA 286.471 et seq; MSA 12.122(1) et seq. 1981 PA 93, supra, provides for circumstances under which a farm or a farm operation shall not be found to be a public or private nuisance. Roadside stands are specifically included by 1981 PA 93, supra, Sec. 2(2), within the definition of a 'farm operation'. (1) 1981 PA 93, supra, Sec. 3, provides: '(1) A farm or farm operation shall not be found to be a public or private nuisance if the farm or farm operation alleged to be a nuisance conforms to generally accepted agricultural and management practices according to policy as determined by the director of the department of agriculture. (2) A farm or farm operation shall not be found to be a public or private nuisance if the farm or farm operation existed before a change in the land use or occupancy of land within one mile of the boundaries of the farm land, and before such change in land use or occupancy of land, the farm or farm operation would not have been a nuisance.' The Oakland Township Ordinance, to which you refer, provides: 'Rural Districts PERMITTED ACCESSORY USES Roadside stands. A. No more than one stand for the sale of agricultural products grown on the premises, operating not more than one-hundred twenty (120) days per calendar year during daylight hours, set back at least thirty (30) feet from the front lot line. Off street parking shall be provided for not less than five (5) automobiles. B. One (1) on-site and two (2) off-site temporary signs measuring not more than four (4) square feet each shall be allowed for each roadside stand. Expressed permission of the owner is required for locating the off-site signs. The temporary signs are allowed only during the duration of the maximum one-hundred twenty (120) day operating period. All general sign regulations stipulated in Article XVIII, Section 01. shall pertain.' (Emphasis added) The cardinal rule of statutory construction is to ascertain and give effect to the intention of the Legislature, and if the language of the statutory provision is unambiguous, the intent must be determined accordingly. The statute is not open to construction. City of Lansing v Lansing Twp, 356 Mich 641; 97 NW2d 804 (1959), 1981 PA 93, supra, does not provide for the regulation of roadside stands. There is no provision in 1981 PA 83, supra, which indicates any intent to regulate agricultural roadside stands in an exclusive manner. The Oakland Township Ordinance undertakes to regulate the operation of roadside stands. It neither prohibits their existence, nor does it declare them to be a public or private nuisance. Accordingly, there is no conflict between 1981 PA 93, supra, and the Oakland Township Roadside Stand Ordinance. It is my opinion, therefore, that the Oakland Township Roadside Stand Ordinance does not violate 1981 PA 93, supra. Frank J. Kelley Attorney General (1)
'A condition or activity which occurs on a farm in connection with the commercial production of farm products, and includes, but is not limited to: marketed produce at roadside stands or farm markets; noise; odors, dust; fumes; operation of machinery and irrigation pumps; ground and aerial seeding and spraying; the application of chemical fertilizers, conditioners, insecticides, pesticides, and herbicides; and the employment and use of labor.'
[ Previous Page] [ Home Page ]