Farmer's residences exempt from zoning codes
Posted: Sat May 23, 2020 5:42 pm
Wondering if anyone has ever looked into this, notes and links below:
http://nationalaglawcenter.org/wp-conte ... ations.pdf
bottom of pg. 16 (dwelling used by farmer as residence is an agricultural building)
http://www.legislature.mi.gov/(S(v2apr00bwcnhsoavhah0etjn))/mileg.aspx?page=getObject&objectName=mcl-125-1510 (#8)
https://www.michigan.gov/documents/Qual ... 9854_7.pdf
Related Buildings MCL 211.7dd(d) defines qualified agricultural property as: "Qualified agricultural property" means unoccupied property and related buildings classified as agricultural, or other unoccupied property and related buildings located on that property devoted primarily to agricultural use as defined in section 36101 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.36101. Related buildings include a residence occupied by a person employed in or actively involved in the agricultural use and who has not claimed a principal residence exemption on other property. Related buildings are structures on a parcel that are, in some way, part of the agricultural operation or use on that parcel. Examples of related buildings can include barns, sheds, poultry houses, etc. Additionally, related buildings are defined in the law to include a residence occupied by a person employed in or actively involved in the parcel’s agricultural use and who has not claimed the homeowner’s principal residence exemption on other property.
I’m including the link below because it shows that some states can be more “open” about the exemption of farmers' houses to the codes. I had originally heard that Illinois allowed farmers with more than 5 acres to be exempt from building codes, which got me doing this research. The MI law doesn’t “spell it out” as much as other states, but from what I’m reading, the residence of the farmer is considered incidental to the agricultural use and therefor exempt from building codes. I know that I read that specifically somewhere other than just inferring it from the above documents, but I can’t find that link right now.
Iowa Farm Exemption clarifies: https://www.millscoia.us/forms/zoning/A ... andout.pdf
Thanks for any input!
Meg
http://nationalaglawcenter.org/wp-conte ... ations.pdf
bottom of pg. 16 (dwelling used by farmer as residence is an agricultural building)
http://www.legislature.mi.gov/(S(v2apr00bwcnhsoavhah0etjn))/mileg.aspx?page=getObject&objectName=mcl-125-1510 (#8)
https://www.michigan.gov/documents/Qual ... 9854_7.pdf
Related Buildings MCL 211.7dd(d) defines qualified agricultural property as: "Qualified agricultural property" means unoccupied property and related buildings classified as agricultural, or other unoccupied property and related buildings located on that property devoted primarily to agricultural use as defined in section 36101 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.36101. Related buildings include a residence occupied by a person employed in or actively involved in the agricultural use and who has not claimed a principal residence exemption on other property. Related buildings are structures on a parcel that are, in some way, part of the agricultural operation or use on that parcel. Examples of related buildings can include barns, sheds, poultry houses, etc. Additionally, related buildings are defined in the law to include a residence occupied by a person employed in or actively involved in the parcel’s agricultural use and who has not claimed the homeowner’s principal residence exemption on other property.
I’m including the link below because it shows that some states can be more “open” about the exemption of farmers' houses to the codes. I had originally heard that Illinois allowed farmers with more than 5 acres to be exempt from building codes, which got me doing this research. The MI law doesn’t “spell it out” as much as other states, but from what I’m reading, the residence of the farmer is considered incidental to the agricultural use and therefor exempt from building codes. I know that I read that specifically somewhere other than just inferring it from the above documents, but I can’t find that link right now.
Iowa Farm Exemption clarifies: https://www.millscoia.us/forms/zoning/A ... andout.pdf
Thanks for any input!
Meg