Michigan Right to Farm Law, what does it mean?

[HopeInSterling]

Hey all. I totally applaud all that you do and have done! I have read this thread in its entirety over the last three days. Ihave a couple questions. Is the meeting to decide Michigan's fate on 'the GAAMPS' changing, still being held on 4/28? I am interested in attending, if so.

I am a resident of sterling hts (north end) and am very interested in a small flock of probably two or four hens. I have read over the local ordinances posted online. I cannot see anything stating that I cannot have chickens. The only part remotely close involves not being allowed to sell chicks, baby rabbits or ducks whether dyed or not (easter related?). I dont see why this would be listed if they are not allowed to begin with. Does anyone have any further knowledge of SH specifically? I live on residential property totaling less than one acre but only have two neighbors adjoining my property. I have not approached them about having chickens.

Even if it is legal for me to have them, I am interested in the possible changes throughout michigan, as they affect us all as residents. To think that my father, on his "up north" retirement property of forty acres may face trouble over his four chickens and two goats is maddening.

thank you all again.

 

[RTFchickens]

Hopeinsterling,
I'm curious where your dads property up north is.
If he is zoned residential, then he very well could face problems with his farm.
We have about 50 acres and 18 chickens against ordinance, and fighting until the end to keep our chickens. We are also adding goats in the near future ;-)

 

[mcbeers]

Hey all. I totally applaud all that you do and have done! I have read this thread in its entirety over the last three days. Ihave a couple questions. Is the meeting to decide Michigan's fate on 'the GAAMPS' changing, still being held on 4/28? I am interested in attending, if so.

I am a resident of sterling hts (north end) and am very interested in a small flock of probably two or four hens. I have read over the local ordinances posted online. I cannot see anything stating that I cannot have chickens. The only part remotely close involves not being allowed to sell chicks, baby rabbits or ducks whether dyed or not (easter related?). I dont see why this would be listed if they are not allowed to begin with. Does anyone have any further knowledge of SH specifically? I live on residential property totaling less than one acre but only have two neighbors adjoining my property. I have not approached them about having chickens.

Even if it is legal for me to have them, I am interested in the possible changes throughout michigan, as they affect us all as residents. To think that my father, on his "up north" retirement property of forty acres may face trouble over his four chickens and two goats is maddening.

thank you all again.

I had to go look it up, because my first flock of chickens came from friends in Sterling Heights who were made to remove their birds. See SECTION 3.01. PERMITTED USES.
"B. Agriculture, provided that on parcels of less than eight acres, there shall be no raising of livestock, fowl or other animals;"

 

[icebox2485]

I'm in Burton Mi. I just want to have 1 chicken per family member. So 6 hens in total. My ordinance says I have to have 1/2 acre. I have a 1/4 isn't this enough space ? Does the michigan right to farm protect me? Or is this to small of a farm? I just want to try and be a little more self sufficient!

 

[wingless]

Hey all. I totally applaud all that you do and have done! I have read this thread in its entirety over the last three days. Ihave a couple questions. Is the meeting to decide Michigan's fate on 'the GAAMPS' changing, still being held on 4/28? I am interested in attending, if so.

I am a resident of sterling hts (north end) and am very interested in a small flock of probably two or four hens. I have read over the local ordinances posted online. I cannot see anything stating that I cannot have chickens. The only part remotely close involves not being allowed to sell chicks, baby rabbits or ducks whether dyed or not (easter related?). I dont see why this would be listed if they are not allowed to begin with. Does anyone have any further knowledge of SH specifically? I live on residential property totaling less than one acre but only have two neighbors adjoining my property. I have not approached them about having chickens.

Even if it is legal for me to have them, I am interested in the possible changes throughout michigan, as they affect us all as residents. To think that my father, on his "up north" retirement property of forty acres may face trouble over his four chickens and two goats is maddening.

thank you all again.

Greetings, HopeInSterling, and welcome to BYC.

Sterling Heights has more than 100,000 residents, so you, unfortunately, are caught by the changes to the 2012 GAAMPs Preface. This is that infamous change made in late 2011 which attempts to deny Right to Farm protection to folks who live in cities of over 100,000 residents. I live in Ann Arbor and am also affected by the 2012 GAAMPs Preface. You should know, however, that I and many others believe that the 2012 GAAMPs Preface could not withstand a court challenge, because neither MDARD nor the Ag Commission have the authority to deny us legal protections that were enacted by the legislature.

The changes to the 2014 Site Selection GAAMPs will be even more far reaching, and will affect the Right to Farm protection of millions of Michigan citizens. Yes, the vote on those proposed changes are next Monday, April 28th. Many of us will be there, and would be very glad to have you join us. Details on that meeting are here: http://www.michigan.gov/documents/mdard/2014_Commission_MEETING_SCHEDULE_439423_7.pdf

Michelle Deatrick just posted on the MSFC Facebook page about how these changes affect not only land that is zoned residential, but also land that is zoned agricultural, like hers: https://www.facebook.com/events/234345070103806/

 

[sweetmommas]

Hi,

I'm also in Sterling Heights. If you check on the city's website, under ordinances (search livestock - chickens/poultry fall under this classification), you'll see that keeping livestock is only allowed if your parcel of land is at least 8 acres... anything less=no livestock=no chickens.

You can read it here (type livestock into quick search at the top): http://www.amlegal.com/nxt/gateway....fn=default.htm$3.0$vid=amlegal:sterlinghts_mi

Choose "animals" to see the definition of livestock; choose "zoning" to see the specifics of what's allowed.

Sorry to be the bearer (barer... I'm never sure on this!) of bad news. On the other hand, I've known a few people who kept one or two hens with no issues.... I would try, but my neighbor is crazy and loves calling the city to complain about things (he once called the police because my son and his friends were "eyeballing" his lawn.. I kid you not) - so I'm sure he'd jump all over chickens.

My issue... why are people allowed to keep pigeons?? It's written right into the city ordinances that pigeons are allowed. I was told it's because a state law that guarantees the right to keep racing pigeons (as long as the proper permits and such are in place). Why not a state law for chickens???

Good Luck!

 

[HopeInSterling]

thank you all. sorry i am responding from my phone at work so im not sure how to reply specifically to you all. I did realize that sterling hts has over 100,000 residents but was counting on there not being an of ordinance against having chickens, as I could not find one, myself. I would be willing to go against the grain and just get them, but am unsure about my neighbors.

also, my father is in mio area.

thanks again, everyone. I am still interested in helping to make the changes that we need to see happen, regardless of whether i have birds or not!

 

[wingless]

Why not a state law for chickens???

We have a state law. It's called Right to Farm, and it applies to anyone with a commercial farm operation who follows the GAAMPs. Both the "commercial" requirement and the "GAAMPs" requirement are easy to meet, since they were written by farmers for farmers, and since it is pretty easy to keep a small flock of chickens without harm to anyone. And, since 1999 that state law has trumped local laws like the Sterling Heights ordinance.

This is not only my interpretation of the facts. It is also the interpretation of scholars like Patricia Norris and Gary Taylor and others: http://sustainablefarmpolicy.org/the-scholars/

And is also the interpretation of several court cases. The most famous are Papesh from 2006 and Buchler from 2012. Both can be found here: http://sustainablefarmpolicy.org/the-courts/

 

[wingless]

I'm in Burton Mi. I just want to have 1 chicken per family member. So 6 hens in total. My ordinance says I have to have 1/2 acre. I have a 1/4 isn't this enough space ? Does the michigan right to farm protect me? Or is this to small of a farm? I just want to try and be a little more self sufficient!

If you join the Michigan Small Farm Council, which was started by folks on this thread, then we can put you in touch with lawyers at the Farm to Consumer Legal Defense Fund who will be glad to answer your question. I encourage you to do so, because we set this up so people like you could very easily access legal advice like this, for free. http://www.michigansmallfarmcouncil.org

I live in Ann Arbor, and currently have 5 chickens on a 0.2 acre lot. My opinion is that the Michigan Right to Farm Act protects me, because the law does not restrict its provisions to farms of a certain size or place; there is nothing in the law that even remotely suggests that it does not apply to small farms like yours.

 

[sweetmommas]

Then why is it necessary to "fight" to keep chickens? The laws around racing pigeons is very specific to keeping them - irregardless of whatever prohibitions might exist for other animals. I just wonder if a similar, "chicken specific" law could be enacted. Communities often fight the "right to farm" because they don't want people keeping cows and pigs in the cul de sac.... a lot of regular farm practices would be considered a nuisance in a regular, suburban neighborhood (noisy and smelly to name a few). I know that a few chickens aren't a nuisance - certainly no more (maybe even less than) my neighbor's barking dog. That's why I think chicken specific rules are needed... they're not the same as other livestock.