LANSING, Mich. — The Michigan Department of Agriculture and Rural Development (MDARD) has released its latest report on the Right to Farm (RTF) program. It deals mainly with complaints from the state’s residents: where the complaints are coming from, the nature of them, how they are handled and how successful the program is at resolving disputes.

The RTF law provides a so-called affirmative defense for farmers against lawsuits related to farm operations. A farmer can have this legal protection as long as they abide by a set of agreed upon best practices for their farm operation, called Generally Accepted Agriculture Management Practices (GAAMPs).

The RTF law started in 1981. It was enacted after more people began moving out to rural areas and thus lived next to more farms. This set the stage for more conflicts between farmers and those residents.

Most conflicts have to do with odor or runoff issues, said Jim Johnson, head of the environmental stewardship division of MDARD. One example of a conflict is that a neighbor complains to the department about a pile of horse manure too close to their property.

Usually this is an odor issue, he said, although it could also be a runoff issue. Since horse manure is relatively dry, it allows a farmer to stack it, which can end up being a problem for others.

The department started the first GAAMP, Manure Management and Utilization, in 1988. It began its complaint response program in 1986. There are eight GAAMPs altogether, with a new one developed every few years, through 2010 with the Farm Markets GAAMP.

"Working with farmers to develop and implement a farm-specific Manure Management System Plan (MMSP), verification of a farm’s conformance with GAAMPs for Site Selection and Odor Control and distribution of thousands of sets of GAAMPs to farmers all across the state, are each important ways the RTF Program works with agricultural producers and contributes to Michigan’s overall pollution prevention strategy," the new report stated.

It goes on to say by complying with a specific GAAMP or GAAMPs, a farmer achieves nuisance lawsuit protection under the RTF Act. If MDARD determines a farm is in compliance with GAAMPs, it provides the farmer with a letter to this effect.

If the farmer is later sued, for example, by a local government over a blight issue, the farmer could use the letter to shield themselves from any action the government might take against them as part of its blight control efforts.

Under the RTF Act, a farmer can keep old farm equipment on his property as long as it’s in working order and is used in the farm operation – even if it’s in violation of a local blight ordinance. This could even apply to equipment that is only used for spare parts, Johnson stated.

This is not the most common type of dispute, however. Most have to do with dairy operations. The counties with the most complaints are Allegan in the southwestern part of Michigan, followed by Oakland. Allegan County has many dairy operations, including so-called concentrated animal feeding operations. There are also a lot of complaints in the Thumb area.

"Around this time of year a lot of manure is being agitated in the pits and that creates odors," Johnson said.

The report also explains there are far fewer complaints in the more rural sections of the state – basically anywhere north of Clare County.

According to the report, in fiscal year 2014 MDARD conducted 252 inspections, primarily in response to 117 new complaints, 16 requests for GAAMPs determinations, three livestock facility category determinations and 119 follow-up inspections.

Complaints are received from the general public, as well as the Michigan Department of Environmental Quality and other agencies. The 16 inspection requests were from farmers seeking RTF GAAMPs determinations at their farms. In addition, RTF follow-up inspections were conducted at farms where changes were needed in order for that farm to conform to GAAMPs.

Johnson presented the report to the Michigan Commission of Agriculture and Rural Development at its February meeting. He said the complaint response program has been successful.

The report is available for anyone to download at www.michigan.gov/mdard