Michigan Right to Farm Law, what does it mean?

Traci,

Just and FYI, since I'm in Midland, I have had others from Larkin contact me after they were cited for chickens...I don't know how helpful if would be to be preemptive - but there are several people in the area they can help you fight it if you are cited later....
 
I have a question , I saw the post about the MIchigan right to farm act .... however my city hates this because ::: THEY ONLY ALLOW 4 HENS, NO ROOSTERS , FORBID YOU SO SELL EGGS, THEY MAKE YOU WRITE A LETTER TO THE CHIEF OF POLICE ABOUT YOUR WANTING TO HAVE THEM, THEY REVIEW IT BEFORE THE COUNSEL BEFORE THEY DECIDE , THEY CHARGE YOU 100.00 DOLLARS FOR THE LICENSE . THEY NEVER ALLOW ANY BIRDS IN YOUR YARD LOOSE, OR IN YOUR HOUSE OR PORCH ... POLICE CAN SPOT DEMAND TO SEE YOUR LICENSE ANYTIME FOR ANY REASON. this is all so new in this city that it took an hour for them to just find the information. they tried to say it was 100.00 dollars for 1 year license but after further reading it is a 3 year one ... the city people in charge of this know nothing about it ... SO do mich laws state anywhere about selling of eggs or the kind of housing for the chickens ? or am I just screwed living in ROSEVILLE MICHIGAN ???? HELP PLEASE
 
I have a question , I saw the post about the MIchigan right to farm act .... however my city hates this because ::: THEY ONLY ALLOW 4 HENS, NO ROOSTERS , FORBID YOU SO SELL EGGS, THEY MAKE YOU WRITE A LETTER TO THE CHIEF OF POLICE ABOUT YOUR WANTING TO HAVE THEM, THEY REVIEW IT BEFORE THE COUNSEL BEFORE THEY DECIDE , THEY CHARGE YOU 100.00 DOLLARS FOR THE LICENSE . THEY NEVER ALLOW ANY BIRDS IN YOUR YARD LOOSE, OR IN YOUR HOUSE OR PORCH ... POLICE CAN SPOT DEMAND TO SEE YOUR LICENSE ANYTIME FOR ANY REASON. this is all so new in this city that it took an hour for them to just find the information. they tried to say it was 100.00 dollars for 1 year license but after further reading it is a 3 year one ... the city people in charge of this know nothing about it ... SO do mich laws state anywhere about selling of eggs or the kind of housing for the chickens ? or am I just screwed living in ROSEVILLE MICHIGAN ???? HELP PLEASE

Hi there ozzymagick. Welcome to the RTF thread.

If you want to read about where we are with RTF, this thread is the place to be. My personal favorite starting point is the first post in January 2011, which was written by Vikki Papesh, who won a landmark RTF case in 2006. So if you like to read and really want to know how we got to where we are, I would start there.

Alternatively, if what you really want is some accessible advice from lawyers, you can do that too. Folks on this thread started the Michigan Small Farm Council (MSFC) at the end of 2012, and last year realized that if the MSFC pays to become an affiliate member of a national organization that provides legal advice to small farmers, then that organization will provide some level of legal advice for no additional cost to our members. For example, these lawyers would answer the questions that you posed above.

So the way this works is that you join the MSFC here: http://www.michigansmallfarmcouncil.org/join-us.html, and then send me an email with your specific questions: [email protected]

I'll pass on your question to the Farm to Consumer Legal Defense Fund, and one of their lawyers will respond.

My own opinion is that our state level Right to Farm law protects farmers in any size or place so long as they are commercial in the sense that they sell at least a part of what they produce, and that they follow the applicable GAAMPs, which are generally thought to be the Manure GAAMPs for small operations. Be sure to note that the Site Selection GAAMPs do NOT apply unless you have 50 animal units or more, which would be 5000 chickens, if all you have is chickens. But I am not a lawyer, so you should certainly not consider anything that I say to be legal advice.
 
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Ozzymagick,
As wingless mentioned, currently the way the law is written we feel it protects everyone through the Right To Farm Act. As long as you meet the criteria described in that act. Unfortunately we are in an ugly fight to keep these rights for all. There is a current change being proposed by the Ag commission and supported by big ag farms. Please read up, and hopefully join us in advocating to keep our right to farm for all, regardless of size.
 
Dear Michigan Ag Department and Commissioners...I get it...you are strapped for cash and feel you will not be able to handle the tremendous expansion poised to take place regarding small and hobby farms. You've had a good run of things in years past and this debate and bickering between municipalities, CAFOs and your commission is only serving to tarnish your past reputation. Time to disavow any responsibility before you get dragged into it right? Well, too late. Given the outpouring of interest in and support for backyard and hobby farms from many levels of government above you, it would be downright irresponsible to institute changes that let small farming operations fall flat on their faces BEFORE DEVELOPING NEW STANDARDS expressly dedicated to supporting them. Nothing is going to make you look worse to the population of the state than to abandon the thousands (or more) that have relied on the intent of the original RTFA. Returning control to townships and municipalities is a solid goal even if doing so means hundreds of township officials and local administrators will be duplicating each other's efforts but so be it. I motion that until those interested entities take into account the latest science and rationale allowing and providing for backyard and hobby farmers, that existing RTF protections be left in place. Making people get rid of everything and then starting over in six months or a year is just stupid, wasteful and unnecessarily hurtful to everyone involved no matter what side of the debate they are on. I suggest you take a couple of your best and brightest, form a panel and help local administrators understand the need for and the benefits of supporting urban/small/hobby farms in areas zoned other than "agricultural". You've already done the hard work, templates are already in place. Just modify the bit about "animal units" and create a new set of "UGAAMPs" for more urbanized areas. That's the kind of action Michigan residents will expect and support from an auspicious body such as yourselves. You are the "Ag Masters". Help the non-initiated municipal administrators to see the light and show them that micro-farming "or whatever you want to call it" can be done safely, cleanly and conflict-free on very small parcels. Any other action would simply be seen as "dumping" or "washing your hands" of the matter. It's the direction we're all going in anyway. May as well take the high-ground and get out there in front of it as best you can.
 

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