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Legislative counsel: TapStreet decision narrows farm exemptions and leaves municipalities alternative regulatory tools
Summary
Office of Legislative Counsel briefed the committee on the TapStreet decision, saying municipalities may still regulate noise, hours and similar matters through ordinances or zoning even as some farm activities remain statutorily exempt; the briefing covered nuisance suits, cottage food rules, REDI and other statutory reporting deadlines.
Bradley Shelman of the Office of Legislative Counsel told the committee that the recent TapStreet decision changes what municipalities can and cannot regulate about farming activity. Shelman said that under the prior RAPS-rule framing municipalities could not regulate activities listed in section 3.1, but the court's ruling has left the scope of exemption narrower and shifted attention to alternative municipal tools.
"Farms have been able to regulate anything that was not considered a farm under the RAPS rule section 3.1," Shelman said, adding that "municipalities can't tell you how to deal…
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