Michigan Right to Farm Law, what does it mean?

[wingless]

Well done, Melissa. So glad the zoning board ruled in your favor last night.

 

[chickwhispers]

Awesome news for the small farmer!!!!

 

[joesandy1822]

Melissa,

Congratulations!!!!! Regretfully, I was unable to attend the meeting Thursday night, but I am SO, SO happy for you.

I have tried to understand the whole process, but it is sometimes not too clear. I am left asking if your victory will help any of us who only want a few hens for eggs for ourselves and do not wish to go the whole "farm" route. I would be willing to sell eggs if necessary, but there must be a way that a citizen could keep a few chickens just as "pets" and for eggs. Do you think this will help people like me at all? I don't want to even think of getting any hens until I know it will be clear sailing. Maybe I'm asking too much. I, too, live in Shelby Township.

Again, congrats!

 

[RaZ]

I have tried to understand the whole process, but it is sometimes not too clear. I am left asking if your victory will help any of us who only want a few hens for eggs for ourselves and do not wish to go the whole "farm" route. I would be willing to sell eggs if necessary, but there must be a way that a citizen could keep a few chickens just as "pets" and for eggs. Do you think this will help people like me at all? I don't want to even think of getting any hens until I know it will be clear sailing. Maybe I'm asking too much. I, too, live in Shelby Township.

This is merely MY opinion, but I don't see this as a "victory" for people to have chickens as pets or for personal use, per se. My understanding of the Michigan RTF law is protection offered to commercial operations rather than "hobby" or even "therapy" farm animals. The wrinkle is that there is no definition of what "commercial" is. Some courts have held that profit is the defining factor while the appellate court claims intention to earn a profit. Yet the federal government, via USDA, states that the potential to generate $1000 yearly in agricultural products is qualification to define a farm operation. It gets pretty murky.

The law, as enacted under PA 93 of 1981 was intended to protect farm operations from nuisance actions. It was further clarified in 1999 to expressly state that the law is not to be superseded by local ordinance.

However in 2013, some local governments have circumvented the state law by charging farmers with "criminal" offenses on the theory that a criminal charge is not the same as a nuisance ticket.

Additionally, the Michigan Farm Bureau and MDARD have come out with public statements that urban/suburban farmers are not afforded the protection of the RTFA. (Please see: http://www.mlive.com/business/west-michigan/index.ssf/2013/12/farm_bureau_delegates_will_dis.html and http://www.michigan.gov/documents/mdard/RIGHT_TO_FARM_ACT_Final_3_422144_7.pdf [8,9 & 10]). Note that the bureaucrats involved either state or imply that state law applies to only certain people or operations.

None of this clarifies anything, I'm afraid. It merely highlights that there are forces working every angle to prevent us from small scale farming.

 

[wingless]

This is merely MY opinion, but I don't see this as a "victory" for people to have chickens as pets or for personal use, per se. My understanding of the Michigan RTF law is protection offered to commercial operations rather than "hobby" or even "therapy" farm animals. The wrinkle is that there is no definition of what "commercial" is. Some courts have held that profit is the defining factor while the appellate court claims intention to earn a profit. Yet the federal government, via USDA, states that the potential to generate $1000 yearly in agricultural products is qualification to define a farm operation. It gets pretty murky.

I don't think the federal law applies here. The law that does apply is RTF, and that one does not include any kind of numerical criteria to be considered a farm, either in number of animals or in number of dollars in terms of agricultural products sold. Here is how the MRTFA defines a farm:

(a) “Farm” means the land, plants, animals, buildings, structures, including ponds used for agricultural or aquacultural activities

and then, just to be clear that poultry counts, comes this part:

(c) “Farm product” means those plants and animals useful to human beings produced by agriculture and includes, but is not limited to, forages and sod crops, grains and feed crops, field crops, dairy and dairy products, poultry and poultry products, cervidae, livestock, including breeding and grazing, equine, fish, and other aquacultural products, bees and bee products, berries, herbs, fruits, vegetables, flowers, seeds, grasses, nursery stock, trees and tree products, mushrooms, and other similar products, or any other product which incorporates the use of food, feed, fiber, or fur, as determined by the Michigan commission of agriculture.

So I don't think this question of whether backyard chickens count as a "farm" is murky. By the definition of the RTF act, our operations do count as farms. I also can't recall any court cases that were lost over this issue.

Honestly, I think it is clear that RTF protects us, and that MDARD knows it. Also clear that they are trying to create confusion about this issue. The question is, why it is so important to them to fight over this? And that question they have answered many times, publicly. They are afraid that our efforts will eventually lead to RTF going back to the legislature for amendment, and that when that happens the large farm operations will lose some of their protections under RTF. MDARD thinks that is a bad thing, but I bet some neighbors of factory farms would appreciate some regulatory relief. There is one area of Lenawee Township in which 420 million gallons of liquid manure are stored in a 12 mile radius. That is the kind of operation that MDARD is trying to protect, and they are afraid that our backyard chickens are putting their ability to protect those kinds of operations at risk. And who knows, MDARD might actually be right about that. There is certainly a lot at stake here, and it isn't just backyard chickens.

 

[RTFchickens]

MDARD claims that only existing farms are protected based on my prior post.
RTF does not apply because I knowingly moved farm animals to res zoned property that prohibits farm animals...
I say "let a judge decide weather or not I have RTF protection"

 

[RTFchickens]

I spoke with MAEAP today, and according to the tech that I talked to Zoning has nothing to do with MAEAP verification... Residential or Agriricultural has no effect on MAEAP.

I just thought I'd share that since there had been some questions recently regarding that question...

 

[HandsOffMyHens]

Look up Papadilis vs Troy (sp) and read over my attorneys argument again. According to that court case, a farmer can move into a new area and begin farming if he follows gaamps.

 

[RTFchickens]

There have been multiple cases that afirm this argument that a farmer can move into a residential neighborhood and begin farming. On 59 acres, I hardly call it residential, but that's beside the point...
My attorney feels we have a solid case and a very high probability of winning RTF if taken to court. I think the township believes this as well (even though they don't like it, nor will they admit to this) I'm confident this is why they have not taken us to court yet. It's still possible that they can, but its a losing battle for them.
Looking at it as best case worst case scenario, best case for them, they win the case and we have to stop farming. Worst case for them, they lose and we continue farming then they pay their attorney bill AND my attorney bill.
I'm almost hoping they take me to court at this point. Then when its all over we will have a real answer which would hopefully stop this harassment. Based on other court rulings I'm confident the judge would find in our favor.

 

[AngelaTC]

I have a friend who is running for the state legislature. If you're from Howell, you already know him as Mayor.

He asked me to share a message with people who have thoughts about Michigan's agriculture and farming laws. Here's his message:

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