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Old February 21st, 2013, 10:55 AM   #32
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Originally Posted by High Center Hancho View Post
Bullshit...the right to farm act supercides local rules...and I'm not sure who you talked to in the Dept of Agriculture but when my buddy was having trouble from his township two phones and his problem went away
while the act itself does supersede local control it does not abolish local land use/planning/zoning ordinances.

see Section 3(2) as an example:
(2) A farm or farm operation shall not be found to be a public or private nuisance if the farm or farmo peration existed before a change in the land use or occupancy of land within 1 mile of the boundaries of the farm land, and if before that change in land use or occupancy of land, the farm or farm operation would not have been a nuisance.
if for example a property has always been zoned for residential (rather than agricultural land use) one can't magically just declare it a farm, wave the act in the air, and expect to prevail in civil court after your city's zoning officer comes and issues a misdemeanor ticket...

edit: beaten to it by the expert :)
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