Michigan Right to Farm Law, what does it mean?

[RTFchickens]

http://www.mlive.com/business/west-michigan/index.ssf/2013/12/farm_bureau_delegates_will_dis.html

We have known for years that Michigan Farm Bureau does not support small farms, but now we are openly labeled as enemies.

I called Snyders office yesterday and explained how this would directly effect farmers markets (which he has commented before how good farmers markets are for Michigan) and how big farms sell to big companies, but its us small back yard farms that go to farm markets, which people seem to enjoy! The effort and quality of small gardening going to farmers markets is in high demand. If RTFA is changed, we will have no protection.

 

[wingless]

My understanding of our current situation is that efforts to weaken our rights using the Site Selection GAAMPs have been put on hold until sometime in 2014.

On the other hand, there are rumors that new legislation could be introduced to address issues of urban/suburban/residential agriculture.

Any new legislation that is written could be constructed such that if it conflicts with RTF, then the new legislation rules - so there is a concern that we could be faced with a new law that offers some protection for urban ag, but less than what we already have with RTF, and that that new law will rule. So new legislation to 'protect' us could, in fact, exempt us from RTF protection.

As far as I know, no legislation has yet been written, and there are likely many reasons that it never will be, or that the scenario that I described above will not come to pass. But these things are being discussed.

I encourage anyone interested in working for continued RTF protection for small farmers to join the Michigan Small Farm Council, which was started last year by folks who met and learned from each other right here, on this BYC thread.
http://www.michigansmallfarmcouncil.org

 

[HandsOffMyHens]

Another woman in Shelby was told to get rid of her chickens or she would be arrested. She went to the media. She said she has been put on hold now because they are planning a meeting early next year to discuss the ordinence. Maybe they will be allowing chickens in the future.

 

[RTFchickens]

We just got the letter in the mail today. The Township Zoning Board of Appeals meeting will be Thursday December 12 at 630 pm. We are their first item on the agenda this time. 

Is the meeting still scheduled to go on? I'm on the other side of the state, but I would like to come!!!

 

[HandsOffMyHens]

Yes. Nothing has changed to my knowledge. We will be there by 630. 52700 Van Dyke Avenue upper level Shelby Twp Hall Shelby Twp Mi 48316

 

[RTFchickens]

I contacted my local Sen office to see if they had any ideas for my situation, and here is the latest:
Sen Booher's office went above and beyond by arranging a phone conference between them, the township, and MDARD to inquire about our RTF on 59 acres.
MDARD states that RTF does not apply to us since we knew farm animals were not allowed when we purchased and moved our chickens to the property in (in May of this year). The township also made it clear that they will not rezone us to agricultural. They will however consider a "conditional rezoning" which I'm completely unfamiliar with. From what I've read today, conditional rezoning is rezoning with conditions placed on us by the township as to what we are and are not allowed to do on our property regarding farming etc.
so it looks like I'm right back at square one...
I have a message left with my attorney to see what steps to take next.
When the Sen office asked in what way our chickens are bothering anyone ie: smell, noise, etc they had no answer, since they had no complaints about that. Only a report of an "ordinance violation"

 

[HandsOffMyHens]

That is absolutely crazy that you have 59 acres and no nuisance complaints and are still fighting for your chickens.

 

[wingless]

Looks like MDARD has forgotten to remember, again, that the 1999 amendment to RTF specifically states that local ordinances cannot override RTF protection.

We've seen them fail to follow the RTF law before, but never for someone in a rural area with 59 acres. This is new.

 

[RaZ]

Several people may know that I was convicted of the criminal offense of keeping chickens. Because I requested a trial, as guaranteed by the Constitution, I received the maximum sentence allowable. Now compare/contrast to other citizens in my community charged with the same criminal offense who received minimal or no sentence. Some had the charge dismissed when they gave up their chickens.

Keep in mind that the local judge will not allow MRTFA as a defense. His written opinion and oral arguments are that state law does not supersede local ordinance. Essentially, we are not allowed an affirmative defense in this city.

So I appealed. All of my paperwork was filed on time while the city missed their deadlines. Now it seems that the appeal has been kicked back to a lower court. I wonder if that means it comes back to the same court as the original case.

Copied from:
Register of Actions
Case No. 13-005097-01-AR


OTHER EVENTS AND HEARINGS

06/10/2013​

Claim of Appeal (District) Filed
CHARGED WITH:XANIMAL KEPT IN HOUSE NOT CLASSIFIED AS PET

06/14/2013​

Stenographers Certificate Filed
Deanna Worosz 6/10/2013

06/19/2013​

File Sent
to JD. SKUTT (APPEAL)

07/08/2013​

Order (Judicial Officer: Skutt, Richard M. )
Order on Briefing Schedule (S/F)

10/03/2013​

Appellate Review (9:00 AM) (Judicial Officer Skutt, Richard M.)
Appellee's brief due on or bef. Minutes Comment: not on record, tracking date (Clerk: Browning, W Date: 10-24-13)
Result: Held

12/06/2013​

Appellate Court Decision To Remand to Lower Court
as this court does not retain jurisdiction

 

[RTFchickens]

So now its going back to the same original judge?!?