Michigan Right to Farm Law, what does it mean?

[HandsOffMyHens]

They delayed the hearing for our chickens until the twp attorney can read our argument. Nothing regarding chickens on the November agenda. I expect the first Thursday in December at 630 pm but I will post the date and time when we hear.

 

[RTFchickens]

Michattorney, are you doing any RTF cases, or zoning cases? Based on the thread, there are obviously some of us that could use the help of an attorney! I have a RTF attorney now, but will need help with getting my property rezoned, which my RTF attorney said he doesn't do.

 

[RTFchickens]

Guess what I got in the mail today?!?

 

[chickwhispers]

Fantastic!

 

[eldenbrady]

Another new case out. http://publicdocs.courts.mi.gov:81/OPINIONS/FINAL/COA/20131024_C308486_48_308486.OPN.PDF

 

[wingless]

Another new case out. http://publicdocs.courts.mi.gov:81/OPINIONS/FINAL/COA/20131024_C308486_48_308486.OPN.PDF

I like the sentence at the end of the first paragraph on page 7, in a discussion of the Papesh ruling:

"Because no GAAMP limited the minimum size of poultry operations, the court concluded that the RTFA preempted the zoning ordinance because the ordinance precluded a protected farm operation."

I think what that means is that an ordinance cannot globally preclude an RTFA protected farm operation - that is, if an ordinance provides for no circumstance under which RTF protection can be earned by good management practices, then the ordinance itself violates the Right to Farm act and cannot be enforced. I think that pretty much sums up the view of many of us on this thread.

And the great irony is that for the last several years MDARD has been doing what local units of government are precluded from doing - MDARD is changing the GAAMPs to preclude most of the state from Right to Farm protection. In 2012 they precluded all citizens living in cities of over 100,000 residents from Right to Farm protection. At some point we need to get that provision revoked. But right now we are more concerned about the proposed 2014 Site Selection GAAMPs, which, if approved, will preclude everyone who does not live on land zoned agricultural from Right to Farm protection.

I don't think that MDARD should be picking winners and losers with respect to RTF protection; I actually think it is MDARD's job to protect agricultural rights of all of MIchigan's citizens. And I certainly don't think that MDARD should be stepping in to make changes to the GAAMPs in a way that intends to change the meaning of the law, without changing the law itself. This is not how our system of government was designed to work.

There is an Ag Commission meeting this Wednesday, and many of us will be attending to oppose these kinds of changes to the GAAMPs. The meeting starts at 9 am in the ConCon room in Constitution Hall, at 525 W. Allegan Street in Lansing. The Public Comment period is at the end of the meeting, and everyone is entitled to speak for 3 minutes. Hope to see you there, and to hear you tell your story to the Commissioners about why participating in agriculture is important to you, wherever you live.

 

[RTFchickens]

This new case that eldenbrady posted is very close to me, less then 5 miles!

 

[RaZ]

This new case that eldenbrady posted is very close to me, less then 5 miles!

Same township? If so, it seems that "someone" has an agenda out there.
It both amazes and distresses me that one or two people with a personal bias can do so much to by-pass the law that protects the greater good.

 

[RTFchickens]

Well, that's by my Allendale house (I'm allowed to have 4 chickens in my Allendale subdivision).
I personally have no issues with township harassment in Allendale. It's my houses in Baldwin that I'm having trouble with... Go figure...

 

[RaZ]

Oops, I forgot that you have city and country homes.

The funny thing about the Site Selection GAAMPs is the 1500 foot set back. Less than 1000 feet from my farm is another city that allows for suburban chickens.