Michigan Right to Farm Law, what does it mean?

[RTFchickens]

Quail guy, does your chicken keeping fall into RTF criteria? Do you "sell" your eggs? Do you follow GAAMPS? You obviously own chickens, so you do have farm animals...
Can you print out the RTF criteria and some recent court cases, and bring them to twp and maybe explain that THEY are in violation of your RTF through the state of michigan?
I have not had to deal with this YET, but anticipate a run in eventually...

 

[QuailGuy88]

ok so here is the ordinance of my city stating what you must do to have a "farm". Now is there any way the Right To Farm Act would over rule this?

(46) "Farm" means all of the contiguous neighboring or associated land operated as a single unit on which bona fide farming is carried on directly by the owner/operator, manager or tenant farmer thereof, by his or her own labor or with the assistance of members of his or her household or hired employees, for the purpose of growing agricultural products, provided that land to be considered a farm here under shall include a parcel of five acres or more in area, except that, for the keeping only of pigeons as a hobby or for the purpose of breeding and/or sale, the parcel shall contain a minimum land area of one acre. Farms may be considered as including establishments operated as bona fide greenhouses, nurseries, orchards, chicken hatcheries, poultry farms and apiaries, and also may include a single-family residence whose occupants may keep not more than two horses for their own riding pleasure and/or pets. The numbers of horses permitted may be increased at a ratio of one horse for each additional two acres over a minimum of five acres. However, establishments keeping or operating fur-bearing animals, riding or boarding stables, stone quarries or gravel or sand pits, shall not be considered a farm here under unless combined with bona fide farm operations on the same parcel of land of not less than twenty acres. No farm shall be operated as a piggery or for the slaughtering of animals except such animals as have been raised on the premises or have been maintained on the premises for at least a period of one year immediately prior thereto and for the use and consumption by persons residing on the premises.

 

[wingless]

QuailGuy, if you meet RTF requirements then it doesn't matter what your ordinance says. The whole point of the 1999 amendment was to establish that if you meet RTF criteria, then RTF rights protect you regardless of local ordinances.

So the real question is whether you meet RTF criteria, which are usually defined like this:

1. Do you have a farm or farming operation? (Chickens count)

2. Are you commercial? (Do you sell any amount of eggs or other chicken products - or do you have an intent to?)

3. Do you follow the GAAMPs? (There are 8 GAAMPs, and you only have to meet the requirements of those GAAMPS that apply to your operation. Cranberry GAAMPs probably do not apply. Site Selection GAAMPS also do not apply, unless you have 5000 or more birds. And so on.) In recent years, because MDARD usually refuses to do GAAMPs inspections for small operations, folks have been getting MAEAP verified instead. MAEAP requirements include GAAMPs requirements, so if you are MAEAP verified you are by definition compliant with the GAAMPs.

However, as you will have noticed if you have read this thread, folks have to go to court repeatedly to prove that RTF protects them - and some win and some lose. Folks on this thread are doing what we can to tip the balance to folks winning those cases more often, because we think that the law actually does protect us, and that it should.

 

[QuailGuy88]

Well I contacted the city and they said that I cannot keep chicks because I am not a farm and I need an acre or more to qualify. They also said that the state law cannot over ride the cities voted ordinance. Which really makes me mad because all I need to do is get an acre of land and I can keep the chickens, currently I only have about 1/10 of an acre.
As far an I know I follow the RTF requirements but they still gave me problems.

 

[wingless]

You might start by printing this document and handing it to them:

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

It was written by a professor at MSU and outlines pretty clearly that the state law supercedes local ordinances, when RTF criteria are met. This IS an unusual circumstance, and trips up many township officials because it is unexpected. That doesn't make it any less true of course - just more difficult.

You could also provide them with a copy of the recent Buchler and Santieu court cases, which should demonstrate to them that if they take you to court they really might lose. Those cases can be found here: http://sustainablefarmpolicy.org/the-courts/

 

[Sonoran Silkies]

Well I contacted the city and they said that I cannot keep chicks because I am not a farm and I need an acre or more to qualify. They also said that the state law cannot over ride the cities voted ordinance. Which really makes me mad because all I need to do is get an acre of land and I can keep the chickens, currently I only have about 1/10 of an acre.
As far an I know I follow the RTF requirements but they still gave me problems.

The Michigan Right To Farm Act SPECIFICALLY says that it overrides any contradictory local ordinances.

Local ordinances CANNOT override RIGHTS that are guaranteed by a superior government entity.

 

[chickortreat]

Gotta love the local yokels who think their calling in life is to make others' lives a living hell. And to think most of their imbalance could be cured with a sharp blow or two. I'm not advising that you do so, but it would sure be in the best interest of the community for such folks to have a few days off without pay whilst they recuperated from a sound beating. How did folks ever get to the place they thought they could sit behind their little desks on their royal derrieres and tell others what to do?

 

[RTFchickens]

I too was just served notice of ordinance violation. We are zoned residential and own 59+ acres with 25 chickens. Anyone have any ideas on where to start?

 

[chickortreat]

You own 59 acres, but some local fool gets to decide you can't own chickens? WOW!!!

 

[New Chicken Lad]

I too was just served notice of ordinance violation. We are zoned residential and own 59+ acres with 25 chickens. Anyone have any ideas on where to start?

go here and click on Article 23: http://www.allendale-twp.org/dpcd/act_zoning_ord.html
Good Luck, Helen