Michigan Right to Farm Law, what does it mean?

[wendorfa]

Ok I have a question. I am in Georgetown Township and am finally ready to get chickens. I plan on having 6 hens, no roosters. My township has an 'exception' written in to their animal ordinance that reads: Any animal recognized by the Michigan Right to Farm Act, MCL 286.471 et seq. which complies with all State of Michigan rules, regulations, requirements, and statutes (including being in compliance with the generally accepted management practices regulations) and which complies with the Georgetown Charter Township Zoning Ordinance and any other applicable township ordinances.

My question is - do I even ask for permission? There's only one neighbor behind me who would even possibly see my chickens and coop. They have talked to me before about our pool, etc., so my thought is if they had some issue with my chickens they would come to me first and I could simply tell them about the RTF. This would prevent the township from even knowing. Thoughts?? Thanks!

Wendi

 

[wendorfa]

Ok, so I called and he said "you are in low density residential" if you were rural residential or agricultural then it would be fine. I asked him about RTF and he said that that just protects farmers from complaints. So I asked him about the fact that Wendy Powers has basically stood behind the fact that non commercial farmers with less than 50 animals are exempt and protected. He said he could look into it, I asked for his email. He gave it to me, I said thanks! bye! he hung up on me (loudly). I plan on inundating him with documents.

 

[eldenbrady]

Keep in mind that RTF does not appear (there is some question if you can build after they refuse to grant it or if you have to litigate the permit first) to affect a local requirement that you get permits (planning/zoning/building/etc). So if your local government requires a planning permit to build a fence or a structure, you probably still need to get that.

 

[wendorfa]

I don't believe there is a permit of any sort, just their decision on who and who cannot have chickens based on zoning. He is claiming I am low density and therefore I cannot and the RTFA is to protect regular farmers - the end. According to him anyway!

 

[wingless]

wendorfa, if you've read very much of this thread then you'll know that most people here think that the law is very clear, and that it protects everyone in the state who meets RTF criteria, which are simple. You have to have a farming operation (such as chickens) that is commercial (and can be met by selling eggs to friends and neighbors, for example), and you have to follow the applicable GAAMPs. This does NOT include the Site Selection GAAMPs, but probably does include the Manure GAAMPs.

Although the law is clear, our state agricultural agency is keen on distancing itself from folks with small operations. MDARD is doing this by proposing changes to the Site Selection GAAMPs to make them applicable to everyone, and then by adding more language to say that anyone in a residential area can't meet those GAAMPs - and so can't be protected by Right to Farm. The vote on those changes is on April 28th, and many of us here are doing everything we can to convince the Commissioners of Agriculture to vote NO on those changes.

But the other thing to know is that even if the changes to the GAAMPs are approved, the law is unchanged. To my way of thinking, if Right to Farm protects small farmers - as many courts have ruled that it does - then there is no change that MDARD or the Agriculture Commission can make to the GAAMPs to weaken that right. Those folks just don't have the authority to change the meaning of a law passed by the legislature.

So we are in a very messy, contentious time here, which makes it impossible for anyone to answer your questions with certainty.

But the good news is that we have organized ourselves to fight what we believe to be a short-sighted state policy that works against the legal rights of small farmers. You can join us here, if you like: http://www.michigansmallfarmcouncil.org

Wendy

 

[kellysmedley]

Did you hear anything back from the code enforcement at the township? We will likely be fight with georgetown, under the RTF as well. Does anyone know if they proposed changes are made, are existing farms "grandfathered" in or does everyone lose protection under RTF with a township ordinance? Have any changes been made yet? I haven't been able to find anything online after the Feburary meeting.

 

[mcbeers]

Did you hear anything back from the code enforcement at the township? We will likely be fight with georgetown, under the RTF as well. Does anyone know if they proposed changes are made, are existing farms "grandfathered" in or does everyone lose protection under RTF with a township ordinance? Have any changes been made yet? I haven't been able to find anything online after the Feburary meeting.

I don't believe anyone would be grandfathered in by the state. The individual municipalities could do whatever they like, but I doubt many if any of them would be helpful. Especially if they already viewed the farm as breaking their laws. I don't think there has been much to report, other than reminding people to contact the Ag Commissioners and let them know what you think of the proposed changes. The meeting where they will vote will be on April 28th at 2pm in Lansing. Details for the meeting can be found at https://www.facebook.com/events/234345070103806/

 

[wingless]

kellysmedley, you can find a "timeline" of events here: http://www.michigansmallfarmcouncil.org/timeline.html

Also, if you're considering a legal battle, I highly recommend that you take a look at the Farm to Consumer Legal Defense Fund (FTCLDF). This is the group that represented Randy Buchler in his successful RTF court case in 2012. The Michigan Small Farm Council is an affiliate member of the FTCLDF, which means if you join the MSFC you can access the lawyers at FTCLDF with the kinds of questions that you're asking here, for free. http://www.michigansmallfarmcouncil.org/join-us.html

 

[wendorfa]

I submitted my letter last Monday, citing that ALL surrounding areas (Allendale, Holland, Grandville, Wyoming, and Kentwood) allow chickens. They had my letter on the agenda this past Monday night. I did not hear from them, so I called today. I think I am almost as angry about the fact that they were NEVER going to get back to me as I am about what she told me. She said they read the letter and filed it. That's it. There's no "new business" and they aren't doing anything. I cannot get a variance because the township doesn't allow farm use variances. They are simply "not permitted" by the township and that is that. Now I have to decide what to do and where to go from here. But please tell me what kind of township gets a request from someone following proper procedures and they don't even address it at all? How is that right or fair?? Kellysmedley where are you located?

 

[RTFchickens]

Green Oaks township:
Anyone here familiar with zoning ordinance? It's my understanding that I cannot have chickens on my one acre of land. Only 5 acres or more to be "residential farm" is allowed.