Michigan Right to Farm Law, what does it mean?

[RTFchickens]

Wingless, thanks for the Bakers update!
I have heard that a gentleman near us is in a battle with the township over RTFA for owning horses. So far it looks like he is winning and not the township. The township is spending plenty of money on this case, and losing. An "insider" at the township has said that he doesn't think the township will be quick to fight again to protect their ordinance vs RTF.
I still don't understand why people are getting so upset with us chicken folk over doing what our ancestors did for hundreds of years. Grow food, raise animals, and live off the land...
I'm confused why my 59 acres is zoned "residential" when we are the only "residents" as far as the eye can see.
I did find out why they don't want to re-zone us as agricultural. The tax rate goes down... And they lose revenue.
Grrr, its so frustrating. We buy land for a hefty price, pay a hefty real estate tax, property tax, and income tax on what we earned to buy the property, and the people who "represent" us tell US what we can and cannot do with said land.
It frustrates me! We don't bother anyone. We help the environment, better our land, and bodies by eating healthier, and WE are the "criminals" (RAZ, the chicken criminal)
Good gracious...
Ok, I'm done venting now...
Based on your user name "wingless" have you had your chickens taken away too?

 

[wingless]

Thanks for keeping us updated on that RTF case near you. I don't think I've seen any news stories on it, and hope you'll post links if any come available.

"wingless" is actually the name of a really important gene first discovered in fruit flies; flies with a mutation in the wingless gene have no wings, hence "wingless". It is one of my favorite genes because it is required for patterning pretty much the whole fruit fly embryo - wings, legs, eyes, hearts... you name it, and it is a pretty sure bet that wingless is required for its development. And then as I thought about it, it occurred to me that my chickens probably think of me as "wingless", so it seemed like a pretty good name for me for BYC.

 

[RTFchickens]

I will look for any public records relating to the RTFA case with these horses.
I was told about it from "an unnamed source" from the township office.
We were looking for a variance for our chickens and they basically said its $300 for just the APPLICATION for variance. Then the board would decide if they want to allow us to have them. So the $300 was not a sure bet. Then the guy took me aside and told me that with the RTFA they would have a difficult time enforcing their ordinance in court. And explained the battle with the horse owner...
He didn't mention names (including his) so I might have a harder time finding it.
Stay tuned... Will post updates.

 

[Sonoran Silkies]

I will look for any public records relating to the RTFA case with these horses.
I was told about it from "an unnamed source" from the township office.
We were looking for a variance for our chickens and they basically said its $300 for just the APPLICATION for variance. Then the board would decide if they want to allow us to have them. So the $300 was not a sure bet. Then the guy took me aside and told me that with the RTFA they would have a difficult time enforcing their ordinance in court. And explained the battle with the horse owner...
He didn't mention names (including his) so I might have a harder time finding it.
Stay tuned... Will post updates.

I would think the case with the horses would hinge on how they are commercial. For example, if they breed the horses and sell the offspring, that sure seems like they should qualify, but if they own only geldings fr family riding, then it probably wouldn't. Now if they offer riding lessons or horse boarding or other commercial services, I think it would depend on whether GAAMPS provides appropriate categories and guidelines. I would expect that GAAMPS would require significantly more space than is needed for a few chickens....

 

[RTFchickens]

I don't know much about this RTF case, only what the guy at the township has told me.
I'm looking for it online, but unfortunately I'm not finding anything.

 

[wingless]

I would think the case with the horses would hinge on how they are commercial. For example, if they breed the horses and sell the offspring, that sure seems like they should qualify, but if they own only geldings fr family riding, then it probably wouldn't. Now if they offer riding lessons or horse boarding or other commercial services, I think it would depend on whether GAAMPS provides appropriate categories and guidelines. I would expect that GAAMPS would require significantly more space than is needed for a few chickens....

There was a RTF court case that went to an appeals court in 2004, which concluded that RTF protects a riding stable from local zoning. That case is Village of Rothbury v Double JJ Resort Ranch and can be found on this page: http://sustainablefarmpolicy.org/the-courts/

My favorite part about this case is that one of the three judges who decided the case was Bill Schuette, who is now Michigan's attorney general. Here is a quote from that decision, which Bill Schuette signed off on:

"And MCL 286.473(1), (3) indicates that farming operations that conform to GAAMPs are not public nuisances, even when the change size, ownership, or the type of product produced. Hence, because an ordinance provision that only permits single family dwellings, playgrounds, and parks would prohibit farming operations, the ordinance provision conflicts with the RTFA and is unenforceable."

I understand this to mean that in Michigan ordinances may not prohibit farming operations. At least according to Bill Schuette and two other judges, in 2004.

As for the GAAMPS that cover the actual care of animals, I think you may find them disappointing:
http://www.michigan.gov/documents/mdard/2013_FINAL_ANIMAL_CARE_GAAMP_409763_7.pdf

 

[RTFchickens]

The "double J" ranch was not the same case as the one up in Baldwin. I could not find the court case on the Internet, but I will try to find more the next time I talk to that guy at the township.
The case I'm referring to is a family who owns about 5 acres and owns a couple horses and the township is giving them a hard time about it.
I read the link you sent about GAAMPS. Based on their "standards" my chickens are living a great life!
In our coup we put beach sand on the ground and clean it like a litter box. We add the poo to our compost and use that in the garden and in a hole prior to planting fruit trees. So I think the chickens would exceed the GAAMPS and comply with environmental friendliness.
I wonder if Bill Schuette reads any of his mail. Maybe I should send him a letter?
Thanks for the info!

 

[CaraBear]

TWO àrticles ran on the front page of our Sunday paper this week....

http://www.ourmidland.com/news/righ...cle_4c1cfed2-67a1-5dfa-a2bc-7db7eaa67522.html

And http://www.ourmidland.com/news/midl...cle_06084952-3a64-58b5-899e-a1421b81e503.html

 

[PaulaBlanch]

Thanks for your hard work Carabear! I live in Midland and hope to have a backyard flock one of these days. Please let me know if I can help in any way! I have signed the petition and shared the petition and 2 articles on my FB page. Fingers Crossed!

 

[eternityepi3]

Thanks PaulaBlanch for your support! Unfortunately, Lincoln Township fired back at the RTFA article. We are the ones the article is about. Another article will soon be run, but thankfully, the newspaper interviewed me again so even though the Township said the article was basically "untrue" I have my opinion in there are well. A total disappointment!