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Royal Oak Township, MI Right to Farm: Agricultural Zoning Protection (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Use category
Special land use in R-1A and R-1B districts
Governing text
§ 32-388(b)(8): separate parcel solely for gardening or agricultural production
Reviewing body
Planning commission, then optional Township Board review
Site plan copies
25 copies submitted with the application
Board review window
30 calendar days after planning commission decision
Penalty
Misdemeanor: fine up to $500.00, up to 90 days

Summary

In Royal Oak Township, Michigan, using a separate parcel or lot solely for gardening or the production of agricultural products is a special land use in the R-1A and R-1B one-family residential districts, not a by-right use. It needs planning commission review and site plan approval under § 32-388(b)(8) and the special use procedures.

(b) Special land uses. The following uses may be permitted subject to: the conditions specified for each use; review and approval of the site plan; any special conditions imposed during the course of review; and, the provisions set forth in article II of this chapter. ... (8) The use of a separate parcel or lot solely for gardening or the production of agricultural products.

Full Breakdown

The Charter Township of Royal Oak is a built-up residential township, and its zoning code does not create an agricultural district. Agricultural activity appears in § 32-388, the permitted uses section for the R-1A and R-1B one-family residential districts. Subsection (b)(8) lists the use of a separate parcel or lot solely for gardening or the production of agricultural products among the special land uses, which are allowed only subject to the conditions specified for each use, site plan review and approval, any special conditions imposed in review, and the special use provisions in Article II. Section 32-364 adds that uses not expressly permitted are prohibited.

Because the use is a special land use, the process in § 32-105 applies. The owner of an interest in the land, or the owner's agent, applies on forms set by the building official, with the required fees and 25 copies of the site plan. The planning commission holds a public hearing and then approves, approves with conditions, or denies. Conditions must protect natural resources and the health, safety and welfare of neighbors and the community. The decision then goes to the Township Board, which has 30 calendar days to consider it; if the Board takes no action, the planning commission's decision becomes final.

Site plan review is also separately required: § 32-389(a) requires planning commission site plan approval for all uses in the one-family districts except detached single-family homes and family child care homes. The purpose clause in § 32-387 makes plain that these districts exclude multiple family, office, business, commercial, and industrial use.

Other provisions treat farming lightly. The definitions of excavation and fill exempt common household gardening, farming, and general ground care. The merchant licensing definition in § 14-1 does not apply to a producer of agricultural products making sales of products grown by the producer. The zoning definition of open air business names roadside stands for the sale of agricultural products, including fruits, vegetables, and Christmas trees.

Violations & Fines

Establishing the use without special land use approval violates the zoning chapter. Under § 32-262 a violation is a misdemeanor with a fine not exceeding $500.00 or imprisonment not exceeding 90 days, or both, and each day is a separate offense. Under § 32-260, a use carried on in violation is a nuisance per se subject to abatement, and § 32-263 lets the building official sue in circuit court.

Frequently Asked Questions

Can I farm a separate lot in Royal Oak Township?
Only with special land use approval in the R-1A and R-1B districts. Section 32-388(b)(8) lists the use of a separate parcel or lot solely for gardening or the production of agricultural products as a special land use, which requires site plan review and approval and the Article II special use procedures.
How does special land use approval work?
Under § 32-105, the applicant submits the application, fees and 25 copies of a site plan to the building department. The planning commission holds a public hearing and approves, approves with conditions, or denies. The Township Board then has 30 calendar days to take the matter up; if it does not, the planning commission decision is final.
Does the Township code define roadside stands?
Yes, within the definition of open air business, which lists roadside stands for the sale of agricultural products, including fruits, vegetables, and Christmas trees. The definition alone does not say where such stands are allowed, so the district use lists control, and § 32-364 prohibits uses not expressly permitted.
Does a farmer need a merchant license to sell produce?
Section 14-1 defines merchant for licensing purposes and states that the term does not apply to a producer of agricultural products making sales of the products grown by the producer. That exclusion covers the merchant license chapter only; it does not replace zoning approval for the land use.
Does household gardening trigger the earth-moving permit rules?
No. The zoning definitions of excavation and fill both carve out common household gardening, farming, and general ground care. Grading permits under § 32-627 apply to grading, excavating, filling, stockpiling, or other alteration of land that affects the storm drainage pattern.

Sources & Official References

Other rules in Royal Oak Township

All Royal Oak Township rules

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