Important Update for 2024 Season
Dear Friends of Cardinal Farms,
Please read to the end for an exciting update!!!
(originally posted February 2024)
We want to do our best to explain the circumstances we find ourselves in and the resulting decisions we have had to make in relation to the 2024 season. We hope you’ll take the time to read the letter below and watch the video. Please reach out to us with any questions or concerns and of course suggestions. Thank you in advance for your time and understanding.
In November of 2023, we received a letter from Salem Township, prompted by a complaint from one of our neighbors, stating that we had to cease and desist from any farm-based events and educational programs on the farm. Such activities need a conditional use permit under the Agricultural-Residential (A-R) zoning for our property. We immediately applied for the permit and our application was heard at the December 18th meeting of the Salem Township Planning Commission. We did not receive the permit at that meeting.
As you may know, Cardinal Farms is located on a 1-mile-long private road. We are the last house on the road. As the Local Food Club, farm-based education programs, and events grew over the last two years since COVID, there was more traffic to and from the farm. The community response to our on-farm experiences has been tremendous and we’ve grown much faster than we even anticipated.
Our neighbors had not approached us with their concerns or any complaints about the traffic prior to this situation, so we thought our application would be supported by many of them. As the meeting approached, though, we became aware of a groundswell of protest, and it culminated in a surprising and saddening meeting filled with upset and angry remarks from a number of residents. The bright spot was the numerous letters and in-person support from so many of you for which we are so grateful.
The Salem Township Planning Commission postponed a decision on our application, stating a lack of authority because of the private road declaration. They stated that we should try to reach an agreement with our neighbors regarding the volume of traffic they are comfortable with in relation to our farm. But with no Homeowners Association in place for the 20 residents on our road and the general tenor of resistance to any traffic on the road generated by the farm, we knew that an equitable compromise was not a viable option so we withdrew our permit application in December.
In January, our next door neighbors hired a lawyer and sent us a cease-and-desist letter demanding that we withdraw our application for events as well as halt any farm business operations. We’ve hired an attorney to defend our right to operate a farm business on our property. Our attorney has responded and we will now wait to see if they drop the issue or file a civil suit against us.
We have a permit from Salem Township that allows us to have a farm business on this Agricultural-Residential zoned property and make direct sales to customers. Our private road declaration also has a provision that allows residents to operate any business on their property that is allowed under the Salem Township zoning ordinances. We feel strongly, and our legal counsel agrees, that we have a legal right to continue growing crops and raising livestock for direct sales to customers.
The outstanding issue is the traffic to and from the farm generated by customers visiting the farm. Now that we know how the some of the residents feel, we want to respect their desire to keep traffic on this residential, private road to a minimum. Ideally, we would have worked together with our community on this road to reach a compromise, but it has been become abundantly clear that that is not the overriding intent or desire of the other residents.
Because of these circumstances, we’ve made the difficult decision to suspend any customer traffic to the farm this season which means not offering any on-farm experiences including educational programming, Local Food Club, or farm dinners. We are grieved and saddened and have wrestled mightily with this decision, but we also feel peace that this is the best option for the moment.
On-farm experiences are a vital part of the values and vision of Cardinal Farms. And despite this unexpected turn of events, we are committed to finding a solution that allows Cardinal Farms to continue offering on-farm experiences to the wonderful residents of this community. We are actively praying and discerning various options, including the possibility of moving the farm to another location in the South Lyon area with better access. We are open to any questions you may have and ask for your support and suggestions. Our hope and prayer is that we will be once again be offering on-farm experiences in 2025.
Exciting Update!!
(posted June 17, 2024)
Shortly after posting about our situation this past January, a neighbor approached us inquiring about our interest in purchasing their property. They were considering moving and thought their property might help resolve our issues. This inquiry began a three-month process of discussions and discernment to see if this opportunity would indeed solve the traffic challenges we were facing. Piece by piece, each consideration began to fall into place and on June 12th, we closed on the purchase of 9755 Pontiac Trail!
This 4-acre property is contiguous to the northeast corner of our 10-acre property. It has a 2,400 sf home with a large backyard and an established, wooded path to Cardinal Farms (the drawing below illustrates how the properties connect). Our vision for this property is to be an extension of Cardinal Farms, expanding our impact in the community and to providing access for guest vehicles and parking from Pontiac Trail. Once they arrive, guests will enjoy a three-minute forested walk to the main farm. This removes customer traffic from our private road while still allowing us to host educational programs, workshops and events. It is an ideal solution!
In 2025, we plan to open a farmstand at this location giving customers the ability to purchase Cardinal Farms products during the week. The interior of the house will be modestly redesigned to serve as educational space, allowing us to provide additional programming offerings including winter programs. We plan to design features in the house and backyard like raised garden beds and small animal pens so children and adults with mobility concerns who visit the farm can have opportunities for engagement.
The other significant factor that cemented our decision to purchase of this property was learning more about our rights are under the Right to Farm Act of Michigan This Act, passed in 1981 and updated in 2000, was written to protect farmers from nuisance complaints that were adversely affecting their ability to operate their farms, especially in former rural areas that were experiencing growth in development and density. Over the years, the Right to Farm Act has added Generally Accepted Agricultural and Management Practices (GAAMPs) to give greater clarity and protection regarding specific farm practices. In 2010, the GAAMP for Farm Markets was passed. This GAAMP protects farmers who desire to diversify their direct-to-consumer market channels in ways that reflect current consumer trends. This GAAMP defines important terms including what a farm market, a farm product, and marketing are according to the state of Michigan. Regarding marketing activities, the GAAMP states: “These activities include, but are not limited to, farm tours, (walking or motorized), demonstrations, cooking and other classes utilizing farm products and farm-to-table dinners.” Under this GAAMP, farms must meet a minimum threshold of 50% of their total sales being from products that are grown on the farm. We meet this threshold.
The Right to Farm Act of Michigan also states that as of June 1, 2000, “…it is the express legislative intent that this act preempt any local ordinance, regulation, or resolution that purports to extend or revise in any manner the provisions of this act or generally accepted agricultural and management practices developed under this act.” In short, local government cannot pass ordinances that restrict farmer’s rights under the state of Michigan Right to Farm Act.
While we desire to continue our positive relationship with Salem Township, we are now clear in our understanding that we are not required to obtain a township permit for a farm market (stand) or to host events on our farm that promote the sale of our products. We’ve discussed our situation with the Township and the Right to Farm Act representatives at the Michigan Department of Agriculture and believe our compliance under the Act preempts the requirement for Township approval for permitted activities under the Right to Farm Act. We will of course maintain compliance with local ordinances that apply to us, including building permits, ingress and egress, signage, noise etc. We strongly believe that the values and vision of Cardinal Farms are in perfect alignment with the mission of the Salem Township Master Plan, which seeks to promote agricultural activities within our community, and we hope they will support our initiative to grow the impact of Cardinal Farms through this land purchase and development.
You will not see any significant changes to the current operations at the farm for the 2024 season. We’ll continue to be at the South Lyon Farmer’s Market every Saturday, sell our produce locally at Greener Pastures Market and offer products through our website at www.cardinal-farms.com. But next year…well, next year we are looking forward to having you back on the farm and again offering engaging on-farm experiences for your children and the whole family!
This whole situation has reminded us that a situation that looks negative and challenging doesn’t mean that the outcome will be adverse. We’ve been held up by your encouragement and support and our belief that with God, all things are possible. And now we stand in a place of celebrating His providence and your support with this new endeavor that will extend the impact of Cardinal Farms over the years.
Thank you for your support as friends and customers, we are beyond grateful. Please feel free to reach out to us with any questions or concerns.
Your farmers for life,
Farmer Cindy & Farmer Rich
