How to get chicken laws changed in Shelby Township, MI

[hippychickster]

Sandy, have you tried to get anything changed? What have been your efforts so far?

I wouldn't want to go in front of them unless I had an arsenal. Watching some of the Shelby meetings on TV and seeing people that are not prepared makes me cringe!!

I am trying to find out how to go about it.

 

[wingless]

This is all true; however, VikkiP went through literal hell to keep her flock. I don't think I am alone in saying that I would rather not be drug into court and spend years of my life and thousands of dollars defending what is supposedly already mine and "legal". I'm not at a place in life right now that it would be feasible or practical. This is why I'd rather see the ordinance changed to come into line with the law before I bother even getting chickens in the first place.

Come to think of it, why are there local ordinances in the first place that conflict with state law? Crazy.

Local ordinances are specifically disallowed from conflicting with MRTFA:


"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 agricul- tural 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. "

http://www.animalagteam.msu.edu/uploads/files/20/Tech Bullitin Land Use.pdf

But perhaps this doesn't apply in your case because you aren't claiming protection under the MRTFA; the township does have the right to enact and enforce locally determined chicken ordinances against folks who choose to not comply with the specific requirements of the MRTFA.

Good luck in getting that ordinance changed - I get that going to court over chickens is not a desirable option.

 

[joesandy1822]

Sandy, have you tried to get anything changed? What have been your efforts so far?

I wouldn't want to go in front of them unless I had an arsenal. Watching some of the Shelby meetings on TV and seeing people that are not prepared makes me cringe!!

I am trying to find out how to go about it.

Nope, I was waiting to hear from you per our email discussion. Let me know what you found out from your lawyer friend and the board member you know. I'm eager to hear what they said before I go any further.

Sandy

 

[joesandy1822]

Local ordinances are specifically disallowed from conflicting with MRTFA:


"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 agricul- tural 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. "

http://www.animalagteam.msu.edu/uploads/files/20/Tech Bullitin Land Use.pdf

But perhaps this doesn't apply in your case because you aren't claiming protection under the MRTFA; the township does have the right to enact and enforce locally determined chicken ordinances against folks who choose to not comply with the specific requirements of the MRTFA.

Good luck in getting that ordinance changed - I get that going to court over chickens is not a desirable option.

No, I can't claim protection because I don't have any chickens yet. I am choosing to not get them until the ordinance changes. Right now I don't need any more chaos in my life, or anything to ruin the pure joy of having a flock of chickens. Some day.....

Thanks for the info. It is GOOD info to be sure. The MRTFA would probably be the key to winning a case. I just don't want the hassle.

Sandy

 

[hippychickster]

I was wondering if you had done anything prior to our conversation is why I asked to see if you got any information thus far?

To be honest, speaking to the board members really didn't help any as they really didn't care about having chickens. However, I'm sure it is a different story when it comes to the enforcement peeps. The lawyer will fight but there is a fee (of course)


The amount of money we have put into this, to build a nice coop and run cost us much more than anticipated AND the amount of work and time my hubby put into it was a ton! I really would not be happy if I had to get rid of them.

 

[hippychickster]

Thanks Wingless for that info too. I am putting together a binder!

As far as I'm concerned I feel we are protected under MRTFA.

 

[wingless]

You know, one BYCer went to court already this spring to claim protection from MRTFA in Garden City. The judge seemed sympathetic, and sent him and his MRTFA binder to the city attorney; I think that meeting is set up for sometime in June.

Does Shelby Township have the equivalent of a city attorney that you can talk to directly, for information on the township's position on MRTFA protection?

See page 58 on this thread for that Garden City story:
https://www.backyardchickens.com/t/182280/michigan-right-to-farm-law-what-does-it-mean/570

 

[hippychickster]

We do, good starting point. That is great information, thanks again Wingless.

 

[Gryphon]

The fact that someone won a case on keeping chickens means a precedent has been set, which goes a ways towards protecting you.

 

[VikkiP]

I would suggest that someone take the time to pull together all the Shelby Township ordinances and regulations that purport to limit, restrict, allow or deny farming operations within the township. When you do, you will be surprised.

It is illegal to grow tomatoes/corn/lettuce/beans/apples/grapes/etc in your backyard if you have less than 3 acres.

Horses are more welcome than chickens.

Most of these ordinances date back long before the MRTFA and should be revised or removed to be in compliance with state law. Very few communities make any effort to review their laws and abolish outdated and ridiculous ones (like those that say it is illegal for a woman to curse, or to drive on Sunday, or to hang laundry upside down on a clothes line). No one seems to care, until it affects them.

Although I am not in a position where I can be a front runner in the fight, I am all too familiar with our current ordinances and regulations and would be able to assist or support any local group that takes up this task. By doing so, the restriction against chickens will be limited to HOA restrictions and GAAMPs.

I am all for striking a balance in the keeping of chickens, but compromise must not go so far as to giving up legal rights.

Shelby Township Code of Ordinances: http://library.municode.com/index.aspx?clientId=13311
References: Section 74-3 (tree ordinances, definitions), 74.52 (tree ordinances related to farm operations), 54.31 and 54.51 (legal to sell farm products on site where produced), 74.91 and 74.92 (weeds), 46.221 (litter)

Shelby Township Zoning: http://library.municode.com/index.aspx?clientId=13418
Reference to farms: Section 17.01 (definitions), 9.00, 9.10 (allowable uses and restrictions-in violation of RTFA), 7.02 (acknowledges that permits not needed for ag buildings), 5.05 (ag signs exempt from permit)

There are also sign ordinances that apply to farms, a small sign is allowed on private property.

Here is the text of 9.10, note the footnote. Our case established that this size restriction is not legal. This is the code that should be addressed by anyone seeking to remove the conflicting ordinances and clear the way for responsible farming or production of farm products:

Section 9.10. - One-family residential districts.

The one-family districts are established to provide principally for one-family dwellings at varying densities. The specific interest of these districts is to encourage the construction and continued use of one-family dwellings and to prohibit the use of the land which would substantially interfere with the development of one-family dwellings and to discourage any land use which, because of its character and size, would create requirements and costs for public services substantially in excess of those at the specified densities and to discourage any land use which would generate excessive traffic on local streets.​

A.
Uses permitted. (x designates district in which permitted)

Districts
R-1 R-1-A R-1-B R-1-C

1.
Farms*​

x x x x

2.
One-family dwellings​

x x x x

3.
Existing cemeteries​

x x x x

4.
Township buildings and uses​

x x x x

5.
Accessory buildings (see section 9.00.A.)​

x x x x

6.
State licensed residential facilities​

x x x x

7.
Family child care homes​

x x x x

8.
Home occupations (subject to section 3.45​

x x x x​

*  For the purpose of this section, the term "farm" shall mean the raising of vegetables or the keeping of small farm animals, including poultry, for any purpose, and shall have a minimum lot size of three acres. The keeping of horses shall be governed by section 3.19

As this ordinance was found to be unenforceable when GAAMPs and RTFA are invoked, any modification to this ordinance removing lot size restrictions would benefit NON-COMMERCIAL farmers as well. In return, it is reasonable to expect that ordinances would be enacted and enforced relating to setbacks, operations, sales and other factors when GAAMPs and RTFA do not apply. This is where you can make a difference.

Now here is the issue:
The ordinance prohibiting the raising of poultry is a zoning ordinance, which also bans the keeping of dogs/cats/etc for breeding purposes:
Section 3.02. - Animals.

No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot, except that non-vicious dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose. Horses may be allowed as per requirements of section 3.19. All animals shall be kept and maintained so as not to create a nuisance. The maintenance of animals is further regulated by chapter 6, article I of the Shelby Township Code of Ordinances.
(Ord. No. 212.5, § 2, 7-20-1999; Amend. of 10-21-2008)

Section 3.02 denies what is granted in Section 9.10 (with limitations). These are conflicting ordinances and must be changed. Unfortunately, at present, ONLY commercial farm operation under GAAMPs allows the keeping of poultry or other farm animals. The GAAMPs are not a bad thing, they are a framework and guideline for the basics of responsible farming. If you choose to go the commercial route, be absolutely certain to review GAAMPs on a regular basis for amendments, and adjust your operations accordingly.​