Originally Posted by Paully37
My husband spoke to the RTF specialist in the MDARD office. She said that the RTF does not trump state law. In state law it is a misdemeanor to break a land use ordinance. She said the only way to get around it is if there are some agricultural uses permitted in that non agricultural zone.
Here is an extensive report on cases that pertain to MRTFA.
There have been some cases where residentially zones cases have been successful. It seems it really depends on the judge and is a heck of a fight.
Hi Paully37 -
I know this thread isn't about MRTFA (apologies!), but I wanted to reply to this comment.
One of the authors who wrote the extensive report that you provided also wrote this one: http://www.animalagteam.msu.edu/uploads/files/20/Tech%20Bullitin%20Land%20Use.pdf
On page 2 you'll note that it clearly shows that if you're a farm operation involved in commercial production (box 1) and follow GAAMPS (box 2 and 2a) then you are protected under MRTFA.
If you read deeper into the document you'll find this on page 6, which states pretty clearly that MRTFA preempts local ordinances that restrict it:
Beginning June 1, 2000, except as otherwise provided in this section, 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. Except as otherwise provided in this section, a local unit of government shall not enact, maintain, or enforce an ordinance, regulation, or resolution that conflicts in any manner with this act or generally accepted agricultural and management practices developed under this act.
Note that no one is claiming that MRTFA trumps all local ordinances, but that in the special cases where Michigan citizens have a farming operation (backyard chickens) that is commercial (eggs etc. are sold) and well-managed (GAAMPS), local ordinances cannot restrict that operation.
Note that I am not a lawyer, not an expert, and have not read everything about this. However, I have read a lot, and haven't found the sentence or paragraph or legal decision that supports what the RTF specialist told your husband. Take a look at the document I sent. I think you'll be surprised.
I'll also look at the one you sent. Do you know what part of that document is supposed to say that MRTFA does not protect farming operations that are commercial and well managed?
Best wishes with your chickens, and with your effort to pass a new ordinance in Scio Township.