{"data":{"id":"us-mi/mich.-comp.-laws-324.36111a","jurisdiction":"us-mi","citation":"Mich. Comp. Laws § 324.36111a","heading":"Relinquishment of development rights agreement; conditions; “economic viability” defined.","body":"Sec. 36111a.\n\nUpon request from a landowner and a local governing body, the state land use agency shall relinquish farmland from the development rights agreement if 1 or both of the following occur:\n\nThe local governing body determines 1 or more of the following:\n\nThat, because of the quality of the farmland, agricultural production cannot be made economically viable with generally accepted agricultural and management practices.\n\nThat surrounding conditions impose physical obstacles to the agricultural operation or prohibit essential agricultural practices.\n\nThat significant natural physical changes in the farmland have occurred that are generally irreversible and permanently limit the productivity of the farmland.\n\nThat a court order restricts the use of the farmland so that agricultural production cannot be made economically viable.\n\nThe local governing body determines that the relinquishment is in the public interest and that the farmland to be relinquished meets 1 or more of the following conditions:\n\nThe farmland is to be owned, operated, and maintained by a public body for a public use.\n\nThe farmland had been zoned for the immediately preceding 3 years for a commercial or industrial use.\n\nThe farmland is zoned for commercial or industrial use and the relinquishment of the farmland will be mitigated by 1 of the following means:\n\nFor every 1 acre of farmland to be relinquished, an agricultural conservation easement will be acquired over 2 acres of farmland of comparable or better quality located within the same local unit of government where the farmland to be relinquished is located. The agricultural conservation easement shall be held by the local unit of government where the farmland to be relinquished is located or, if the local governing body declines to hold the agricultural conservation easement, by the state land use agency.\n\nIf an agricultural conservation easement cannot be acquired as provided under sub-subparagraph (A), there will be deposited into the state agricultural preservation fund created in section 36202 an amount equal to twice the value of the development rights to the farmland being relinquished, as determined by a certified appraisal.\n\nThe farmland is to be owned, operated, and maintained by an organization exempt from taxation under section 501(c)(3) of the internal revenue code of 1986, 26 U.S.C. 501, and the relinquishment will be beneficial to the local community.\n\nIn determining public interest under subsection (1)(b), the governing body shall consider all of the following:\n\nThe long-term effect of the relinquishment upon the preservation and enhancement of agriculture in the surrounding area, including any nonfarm encroachment upon other agricultural operations in the surrounding area.\n\nAny other reasonable and prudent site alternatives to the farmland to be relinquished.\n\nAny infrastructure changes and costs to the local governmental unit that will result from the development of the farmland to be relinquished.\n\nIf a landowner's relinquishment application under this section is denied by the local governing body, the landowner may appeal that denial to the state land use agency. In determining whether to grant the appeal and approve the relinquishment, the state land use agency shall follow the criteria established in subsection (1)(a) or follow the criteria in subsection (1)(b) and consider the factors described in subsection (2).\n\nThe state land use agency shall review an application approved by the local governing body to verify that the criteria provided in subsection (1)(a) were met or the criteria in subsection (1)(b) were met and the factors in subsection (2) were considered. If the local governing body did not render a determination in accordance with this subsection, the state land use agency shall not relinquish the farmland from the development rights agreement.\nation approved by the local governing body to verify that the criteria provided in subsection (1)(a) were met or the criteria in subsection (1)(b) were met and the factors in subsection (2) were considered. If the local governing body did not render a determination in accordance with this subsection, the state land use agency shall not relinquish the farmland from the development rights agreement.\n\nA local governing body may elect to waive its right to make a relinquishment determination under subsection (1)(a) or (b) by providing written notice of that election to the state land use agency. The written notice shall grant the state land use agency sole authority to grant or deny the application as provided in this section.\n\nA decision by the state land use agency to grant or deny an application for relinquishment under this section that adversely affects a land owner or a local governing body is subject to a contested case hearing as provided under this act and the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.\n\nAs used in this section, \"economic viability\" means that the cash flow returning to the farming operation is positive. The local governing body or state land use agency shall evaluate an application for relinquishment, and determine the economic viability of the affected farming operation, by doing all of the following:\n\nEstimating crop, livestock, or product value of the farmland using locally accepted production methods and local United States department of agriculture yield capabilities for the specific soil types and average price for crop, livestock, or product over the past 5 years.\n\nAdding average yearly property tax credits afforded by the development rights agreement over the immediately preceding 5-year period.\n\nSubtracting estimated expenses directly attributed to the production of the crop, livestock, or product, including, but not limited to, seed, fertilizer, insecticide, building and machinery repair, drying, trucking, and property taxes.\n\nSubtracting the estimated cost of the operator's labor and management time at rates established by the United States department of agriculture for \"all labor\", Great Lakes area, as published in the United States department of agriculture labor reports.\n\nSubtracting typical capital replacement cost per acre of nonland assets using a useful life depreciation rate for comparable farming operations.","path":["MI Code","Chapter 324","Act Act-451-of-1994"],"source_url":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-324-36111a","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:31Z","sha256":"0f639e4071eff5b517762cbb0f265f0d94030f8b8587d56690d5758198190f92","source_id":"us-mi","stale":false,"prev":"us-mi/mich.-comp.-laws-324.36111","next":"us-mi/mich.-comp.-laws-324.36111b"},"notice":"GroundRules: Original legal text. Not legal advice."}