Michigan Right to Farm Law, what does it mean?

[Arctic AL]

Hello all,

First time poster here.

Ive read this entire thread, interesting to say the least!

I live in Romulus, MI, and this is all I can find in our local ordinances:


(b) Fowl and small animal pens (which shall include only ducks, chickens and rabbits) that are kept by a family as pets and not raised for food or for any other form of commercial venture shall be kept in a hutch and shall be exempt from the following restrictions. Non-exempt fowl and small animal pens shall comply with the following conditions.
(1) At least one and one half (1½) acres shall be required and there shall be nomore than ten (10) animals per acre.
(2) All buildings and structures except pens shall be set back a minimum of forty (40)feet from the side and rear lot line.
(3) Pens shall be set back a minimum of twenty (20) feet from all lot lines. All buildings, structures, and pens shall be set back at least one hundred (100) feet from any dwelling on an adjacent lot.
Unfortunately, I am only on 3/4 of an acre.
However, it appears I can keep chickens as "pets". I cannot find anything in the ordinance about the number of pets one can have though...
I suppose I could have a dozen or so pets...and then get tired of them after a couple months. Broilers make good pets don't they? Neighbors are all for it, they like eating chicken!
Anyway...am I missing anything?
Was going to post this in the Michigan Small Farm Council Forum...but after waiting 6 days and still not having posting permission...I gave up.
Arctic AL

 

[RTFchickens]

Sweetmommas,
This is an example of a power hungry grab to stomp our right to be independand and self sufficient.
I am allowed to have up to 4 outdoor animals in my subdivision, trailer park, appartment or whatever else place I live. It is allowed by my township! I guess if its a trailer park, the owners might not allow them, but my point is that however small my property is, I am still allowed to have animals.
My other house however, I am not allowed 1 animal! Not even ONE chicken on over 50 acres! Now the AG commission wants to change my Right To Farm because BIG CAFOs don't want little farms like mine to have "their" protection.
Why can't I buy raw milk? In Michigan, its illegal to even buy it for my animals! So let's just say that I own goats, and my goat has 4 kids, and isn't making enough milk for all 4. I contact my friend/neighbor who has lots of lactating goats, and has extra milk that I could buy for my baby goats. But NOPE, I cannot legally buy it in Michigan unless I own one of her herd shares. Because buying raw milk is illegal in MI even if its "not for human consumption"
So here's my opinion, my government is "concerned for my well being" so I cannot buy raw milk because it COULD make me sick. Yet I can legally buy a while carton of cigarets at any local store. Cigarets are more addicting then illegal drugs, cause cancer not just in me, but in others around me, not to mention my kids if they are in my house or car when I light up. But there are no laws even protecting KIDS from second hand smoke!
As of now, I have NO knowledge of ill effects in my town from the keeping of animals. In fact, my HOA does not permit chicken keeping, but the township does. I know of many many friends in my neighborhood that own chickens anyway. When the subject comes up with others that live here, and I'm asked "who has chickens here? I've never seen or heard them!" I simply say "if you can tell where they are, neither can I."
So that's my opinion. It's a power grab. I can think of no other conclusion other then that. If people are buying my eggs (all natural, free ranging, no antibiotics, and taste WAY better then CAFO) then people are not buying eggs at the store, and big Ag is losing business now because of me...

 

[wingless]

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/

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.

I would just add that this question of why it is necessary to fight to keep chickens, given the argument that RTF already protects everyone, does not mean that our interpretation of RTF is wrong. I think if you read the Norris and Taylor papers, and look at the Papesh 2006 and the Buchler 2012 court cases, you will find reasoned arguments supporting this view.

And if you look for a reasoned argument for the opposing view, you will not find one. MDARD asserts the view that Right to Farm does not protect folks in residential areas, but does not support their reasoning with language from the law or from court cases or from agricultural scholars. However, they do have the authority that comes with a state agency; in my view it is the misuse of this authority that is intentionally being used to create confusion over the issue, and is why it is necessary to fight to keep chickens.

It may be that new legislation with chicken specific rules is a good idea - I think Arizona is currently considering exactly that kind of legislation. But I personally also think that we have a right to expect our state agricultural agency to work to protect all kinds of agriculture in the state and not just Big Ag, and that we also have the right to expect them to follow the law.

https://www.backyardchickens.com/t/855539/arizona-senate-bill-1151

 

[BigHope888]

Hello everyone, boy I'd almost forgotten how maddening this fight is. I've been creating a new facebook page, pardon me for shamelessly asking, but please like or follow us! I do believe that Michigan RTF should encompass us all, but I also believe that changing ordinances will help strengthen our voices in asking for our rightful protections. Pass our page along to anyone you feel could support us, especially if you know any chicken people in Mount Clem! Thank you!

www.facebook.com/eggsfortheclem

 

[RTFchickens]

Sorry, I don't do Facebook.
I also think that ordinances have NOTHING to do with RTFA protection because in 2000 the RTFA clearly addressed the issues of township ordinances, and states that RTFA preempts any local ordinance, regulation, or resolution that purports to extend or revise in any manner the provisions of the RTFA...

 

[mcbeers]

I agree that the RTFA already protects anyone who wants to have a commercial operation. There is nothing wrong with people wanting to have their ordinances changed to allow chickens with or without restrictions. Not everyone wants to jump through all the hoops and to fight city hall. And like she said, the more communities that actually allow them, the better. Every city that does allow them makes it more normal and mainstream to everyone else. There is certainly nothing wrong with wanting to go that route. Everyone should look out for their own interests. I hope they are able to get some sort of ordinance change in Mount Clemens. Removing the restrictions completely would be awesome, but anything would be a step in the right direction, and make it possible for at least some people to do what they want without having to take the city to court.

 

[BigHope888]

RTF, you do have points. I do think MRTF should protect us all, especially its line that states that no township or municipality shall enact, or enforce...yada yada. But there are many local politicians who disagree with you/us. I also worry that some sneakiness like the change to GAAMPS could undermine RTF, or some other scheme could come along, and at least, if I've changed the ordinance to allow for chickens here in my hometown, I'll have taken away that one obstacle for chicken people. No hard feelings, though. This is the Internet, people don't always agree. And (hopefully) I'm not working Monday the 28th-isn't there an Urban GAAMPS public meeting? I'll go if I can.

 

[wingless]

And (hopefully) I'm not working Monday the 28th-isn't there an Urban GAAMPS public meeting? I'll go if I can.

Yes, the vote on the proposed changes to the Site Selection GAAMPs is this Monday, April 28th at 2 pm in Lansing. Address is here:

Michigan Municipal League
1st Floor Training Room
208 N. Capitol Ave.
Lansing, MI

This is open to the public, and the enormous public response is what has made the difference so far. Hope you and many others can make it. PM me if you can get there early, and I'll let you know where we're meeting for lunch.

The Michigan Small Farm Council is also getting ready to put out one more message before the vote. If you want to get on our email list for updates on this and other small farm issues in Michigan, please join us here: http://www.michigansmallfarmcouncil.org

 

[BigHope888]

Awesome, thanks Wingless!

 

[peaceofthislife]

Hi! This is an old thread, but I need help ASAP! We live in a neighborhood with an HOA on an acre and a quarter in oxford and just received a letter from the township of oxford stating we had 10 days to get rid of our birds. Our birds are in a coop and run touching our house and were hoping to find a loop hole so we could keep them. We have had them for almost 2 years with no issue. We have 10 layers and also keep meat birds, but those are raised in our garage so shouldn't be an issue. My husband is almost in tears he is so worried about losing our birds! We were just looking into getting the kids into 4H this year too, so this is a huge bummer!