Michigan Right to Farm Law, what does it mean?

Hello All,

This is my first post to this forum. I've read this thread from the beginning. Very informative. Thank you everybody who contributed so much time and energy!

We just bought and moved into a house in Madison Heights, MI. I read somewhere there is a temporary ordinance allowing up to 3 hens here. From studying this thread, I believe that could be successfully challenged under RTF, but that is not really my main concern. I am mainly interested in raising a few chickens for meat (not eggs, although we may get 2 or 3 egg layers - that would be plenty). After a lot of reading, I conclude that I would prefer to get roosters, then "caponize" them (remove their rooster-ness, if you will). Capons (the resulting sex-less chicken) are supposed to not behave like a rooster (no crowing), grow bigger, and be more tender and juicy. This all sounds like just what I want. Plus rooster chicks tend to be cheaper to buy. So my question is, does anyone have experience with dealing with a local city ordinance allowing hens, but instead you raise capons? I'm not trying to be difficult here, but a capon seems like half way between a hen and a rooster to me. If RTF / GAAMP can be used to defend having roosters (I think it can, although I didn't see it specifically listed anywhere), a capon should be no problem? I might sell an egg or meat bird on occasion, so no problem with the commercial farm side of things.

Trust me, I don't want any roosters waking me up in the morning. My neighbors won't have a chance to complain. I'll be thinking "chicken soup" long before that if these birds crow in the morning!

While I'm at it, I'm interested to know what food people feed their birds to get the best flavor? The old cliche "You are what you eat" applies to chickens too.

My motivation is this: I have traveled, lived, and worked in Asia (S Korea, China, Japan, etc.) and I have found that their chickens have a lot more flavor than the rapidly raised Cornish Cross factory farmed chickens in the stores here. Since I know there is a BIG difference in flavor, I thought I would try to grow the most flavorful, tender, juicy chickens I can.

Any comments on the flavor of various breeds (possibly including age effects)? I DO NOT plan to get the Cornish-X types, but will look for things like Buff Orpingtons, bantams like silkies, probably a few others. Looking for ideas here. BTW, my Chinese wife likes silkies for chicken soup. Apparently very common custom in China.

I suspect feed, caponizing, and flavor of breeds may have been covered elsewhere in BYC. Any links to those discussions would be appreciated. Thanks.

Do you understand what's involved in the caponizing process? I couldn't do it myself, it seems torture for the poor bird. I think you'd get just as good meat out of any chicken younger than a year old. It's the age that makes the meat tougher. Also, I'd be a bit wary about a court recognizing you as a commercial operation if you just sell an occasional egg or meat bird. Where will you sell it? Apparently you have to rent agricultural land now in order to do it. Seems to me the RTF act is pretty much meaningless for those of us who don't have access to agricultural zoned land.

xej,

Yes, I have studied the process and I think I can handle it. My feeling is it is not as bad on the birds as you might think, as long as your skills are reasonable and you are careful. I think my skills are up to it, probably better than most. I didn't think it was appropriate to go into the details in this thread. It is covered elsewhere on the net.

Unless something has recently changed, it sounds like the Shelby court case, the opinion from the Traverse City Attorney, and other info sited earlier in this thread would apply as is - no additional land needed, even if city officials try to convince us (B.S. us) otherwise. BTW, I may also sell tomatoes and/or other vegetables or fruit from my garden too, at least to the neighbors. That should qualify me as a farm according to most people in this thread. I can always post signs offering all of this for sale, if necessary.

As long as the size of a farm is not defined with a lower size limit, a commercial farm should be anything that sells something grown at the farm. Without researching specific examples, I'll bet many existing sizable farms started as small, backyard operations. Now these farms hire people and supply our food. What if they were squashed by some local city officials before they had a chance to get going? Ditto for many other types of businesses. If government officials start squashing small businesses because they are not "big enough" (in their opinion), many small startup companies will not start and will not have a chance to become big companies that employ lots of people.

Remember, this new GAAMP "Farm Markets" requirement is fairly new and came after the Shelby case and the TC attorney's opinion...and as far as I know has not been tested in court.

I live in Groveland TWP. and I have and breed and hatch LOTS! of chickens. I love it and its been a great thing for me for years. Now I have a neighbor who complained to the township and they came out and said I have to get rid of all but 10 hens, I cant have any roos, I told him the right to farm act laws and he says they mean nothing and twp. laws over ride any. I really dont have the money to fight in court but I love my birds and Hate my neighbor.... Does anyone really know for sure!!! 100% if I can keep my birds???? Oh ya I forgot to mention that when I told him about me selling eggs he jumped all over me about running a business out of my residence....and he would ticket me for that too!

This is the typical 'Big me-Little you' Bums rush that is designed to scare people into compliance. You dont need a lawyer, as Pro Se you have a lot of power, not being a memeber of the bar. Maintain your cool and dont get excited or heat up the discussion. Laws are in writing, as are case law, where people have argued their circumstance in courts. Most often, the town/county lawyer will have a meeting with you in the Hallway and feed you some BS about what can happen, and all the Garp. Stay within your rights and put it before a judge if need be. First make sure you have the written laws in hand. They know them, let them know you know them too. Persuit of life and happiness, is fundamental.

You dont have to have a business license to sell what you own. To own, repair, maintain, and cease ownership, is all part of your rights. Raising food in the backyard, and selling to neighbors is community. Judges can be sued for trampling rights of citizens. It is majority rule, but minority rights. Very Constitutional, that is a guarentee. Quislings tend to ignore their need to support rights of others and insert their own thoughts and EGO. that is usually the center of the fight, when it comes about.

If a group has ascribed to an association around you, and you are not a member. They have no right to impose their limited view and agreement upon you. That includes a landowner that focuses on your inability to satisfy THEM. The creator of the complaint.

When is a garden a Farm? When is a small farm only a garden? In proper housing why would 10 chickens be a limit? 11 or 9. Raising chicks, hatching eggs. Mom, the flock and chicks, 20+ ? Some rules are guides, and can be broken or bent.

I hate busy bodies that have nothing to do but radiate negatives on other people. Stop it.

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So, first of all, did the code enforcement officer actually write you a ticket, or give you a warning or set a deadline to remove the birds? Or just kind of bluster and imply things?

The statement that the MRTFA "mean nothing and twp. law over ride any" is explicitly untrue. The MRTFA overrides ALL local ordinances - it says so explicitly in subsection (6) of the last section of the law:

http://www.legislature.mi.gov/(S(y2...eg.aspx?page=getObject&objectName=mcl-286-474

And, this interpretation was EXPLICITY upheld by the Michigan Court of Appeals and/or Michigan Supreme Court just a year or so ago. They held that the law does supersede ALL local ordinances, and also held that all you need to qualify as a protected farm is to have "commercial intent" and to follow the GAMPs.

If the code enforcement person doesn't know the law, or won't follow it, or lies about it, I think you need to let your township elected officials know this. And, perhaps call Fox 2 News or the people at Channel 7 and see if they are willing to help you.


In a nutshell, if you are "commercial" at all -- if you've sold so much as one egg from your property, you fall under the MRTFA, and they CANNOT force you to get rid of your birds as long as you follow the GAAMP's developed by the Michigan Department of Agriculture. And, the GAMPs are a piece of cake -- they are "lowest common denominator" for big commercial operations -- basically, give it a tiny bit of space, make sure it has food and water and is marginally clean, and keep the odors and manure to a minimum. Most of us with back yard flocks FAR, FAR exceed the GAMPs without blinking an eye -- our birds live like kings and queens compared to your average commercial bird.

Now, the bit about the unlicensed business from the home in Groveland -- that one I'm not sure about. There may be ordinances about running a home business, but I'm not sure how the MRTFA would fit into this. My interpretation of subsection (6) would be that they could NOT stop your from selling ag products from your property, but that is just my reading of it. I hope others chime in.

Please let us know what is going on, and we'll see if we can help.

And, please see my other post tonight about MRTFA. Your situation reminds me of the woman in Oak Park who was threatend with jail because she dared to plant vegetables in her front yard, and the code enforcement person didn't like it.

OK, this story doesn't jive -- This woman says she was raising chickens as part of a CSA program, to sell eggs.

Why then would this not be covered under MRTFA?

http://www.candgnews.com/news/resident-‘eggs’-west-bloomfield-allow-chickens

Any guesses? Thoughts?

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It doesn't seem to me that it DOESN'T apply. I just don't think that avenue was addressed in this case. I don't know anything that followed, as far as what new ordinance was written, and if any restrictions were made. It sounds like the Township is open to the idea of having chickens though, and that they were leaning towards allowing them in some regard.