Michigan Right to Farm Law, what does it mean?

[RTFchickens]

Teery,
I appreciate your advice. Many people on this thread unfortunately are being charged criminally, being threatened, and downright illegally assaulted and harrassed by ordinance officers, commissioners, and neighbors. All for keeping chickens.
While this beautiful country is intended to be a free and just run system, many of us have endured some of the ugliest sides of government, and our legal system.
As this has caused much heartache, and tears I have found some of the greatest individuals around. These guys have given of their time, money, and resources to help each other. We have banded together to show support in court rooms, fostered animals after a fellow farmer had court orders to remove them, we have attended workshops, and Ag meetings.
I understand what you are saying, that these court battles should not be happening, but indeed, they ARE.
And I appreciate the people here who support each other.

 

[RTFchickens]

Did anyone here go to the July Ag meeting?
How did it go?

 

[RTFchickens]

I guess most of the Michigan RTF thread members have moved to Face Book... I don't "do" face book, so I am a bit in the dark about where things are...
I do know that some residential zoned property owners who are more then 250 feet from a non farm residence and have less then 13 homes within a 1/8th mile radius are getting the ok from MDARD that they are good with site selection for 50 animal units or less.
I still know many people are misinformed about this. I have a friend on only 2 acres with chickens. Her township insists that she cannot have them because she is zoned residential, and according to the township "MDARD sided with the townships, and allows them to decide if she can keep her chickens" this 2 acres is surrounded by large parcels, and public vacant land. The nearest home is more then 1/2 a mile away. From my understanding, she would by far meet the criteria for a category 3 site...
Any feedback?

 

[wingless]

Definitely agree that there is still a lot of confusion about where things stand legally, and there has been a very polar response by local governments. Some have used this recent attention to the issue to loosen their grip on agricultural rights, and to change ordinances to permit things like backyard chickens. And then some other townships have used the change in the GAAMPs to tighten control, by more aggressively enforcing existing ordinances against livestock.

The concern of the cities and townships, at least sometimes, is that MDARD's GAAMPs provisions are so unrefined that anyone who is not "Primarily Residential" can have as many as 50 animal units (5000 chickens, for example), with no local control. I have to say that I agree with that concern, and think that MDARD could fix a lot of problems if they just put a little thought into the Site Selection GAAMPs for small properties. Zero small livestock is unreasonable from the perspective of individuals and 50 animal units is unreasonable from the perspective of neighbors and local governments, but there are a whole lot of numbers in between 0 chickens and 5000 chickens that perhaps both sides could agree on.

In any case, the MSFC has been working to ensure that the folks who are unambiguously protected by Right to Farm - so those who are not 'Primarily Residential' - are provided with a GAAMPs inspection so their townships will back off. Amazingly, this is working. Anyone who wants help with this should contact us at [email protected].

 

[wingless]

Well here is something new and interesting.

Right after the changes to the 2014 Site Selection GAAMPs were approved this spring there was a flurry of publications from MSU-Extension that seemed to give more legal weight to the changes that had occurred than was warranted. For example, Brad Neuman stated in one article that "In short, the changes to the Site SelectionGAAMP mean local governments now have zoning authority over livestock operations in ‘primarily residential’ areas…" http://msue.anr.msu.edu/news/change...p_mean_communities_have_greater_opportunity_t

In contrast, many other folks who know a lot about this issue from participating in discussions on this thread, felt that the changes to the GAAMPs were in conflict with the RTF law, and so could be legally challenged.

Today Kurt Schindler published a new piece which takes a much more moderate stance on the issue than we saw in the spring, and includes this:

"There is a legal question as to if, in a GAAMP, there is authority to delegate local authority and ability to regulate in face of statutory preemption of any local ordinance, regulation or resolution that extends or revises in any manner the provisions of the RTFA or GAAMPs. A local government should consult their attorney, who is presumably experienced in municipal (planning and zoning) law as to how to handle this.
Because some GAAMPs address the location of farms, there is an unsettled legal question whether a zoning ordinance can even restrict agriculture to certain zoning districts. The reason is that some courts have concluded that commercial agricultural operations are able to establish in any local zoning district based on the RTFA and its preemption of local regulation of agricultural activities (see MCL 286.474(6),…"
http://msue.anr.msu.edu/news/right_..._local_regulation_authority_but_not_all_local

For decades the folks at MSU-Extension have been thoughtful and thorough in their analysis of RTF issues in Michigan, and this new analysis by Kurt Schindler is one more in that long tradition. I think his analysis is spot on. There do remain open legal questions as to whether the GAAMPs can be used to delegate local authority when the statute has already preempted local regulation, and unsettled legal questions as to whether a zoning ordinance can restrict agriculture to certain zoning districts.

 

[RTFchickens]

Well, this is the inherent problem. Local townships can re-zone anything they choose. Some michigan townships have 0 Ag zoning. Everything is "residential" in some form or another. We have over 50 acres that is "residential" and does not allow the keeping of 1 chicken!!! Not ONE! We touch a neighboring property of at least 500 acres lacking a residence and this property is zoned RESIDENTIAL. What kind of person in their right mind can rationalize that type of zoning?
A person seeing dollar signs, that's who! By zoning this (and my) property residential I have to apply for a variance asking permission to keep ONE chicken. My taxes are higher if zoned residential. If my neighbor ever decides to sell to a developer, its already zoned residential so it can be developed. This also will increase tax revenue. Multiple residences paying multiple tax bills. And what about that stinky farm on 50 acres next to the new development? Well, now I have more then 13 houses withing 1/8 mile, and less then 250 feet between my compost pile and the new houses... So now, I have to beg for a permit or "permission" from my local government to keep my thousands of dollars of animals on my all natural farm. So, who wins here? Not the farmer, that's for sure. I can't wait to hear what MFB will have to say about this when their farms get rezoned to Res. most property owners have no choice in the rezoning. The township holds a meeting, and public comment is encouraged. Even if every single person including the land owner opposes the change, the township board holds a vote and can still vote in favor of the change. And the law abiding tax payer gets the raw end of the deal AGAIN!
I think giving townships authority to manipulate the zoning, then decide based on that zoning who does and does not qualify for farming protection is absurd.

 

[matt44644]

Please ignore my original comment

 

[RTFchickens]

The right to farm means you can't move to the country and complain that you can smell cow manure from the farm next door .If you live in a " Residential"
zoned area the law doesn't apply to you.I live in an "agriculture" zoned area so someone can't build their McMansion next door and complain that they smell poo
or that when i cut down 300 acres of corn that their car got dusty. 

My township rezoned my residential property from Ag to Residential. With all due respect, the Michigan Right To Farm act DOES apply to me.

 

[matt44644]

What township are you in?

 

[RaZ]

What township are you in?

Given that many people are being persecuted and prosecuted for raising backyard livestock, I suggest that you avoid mentioning the city or township where you live.

Some cities are trolling these pages looking for any chicken keepers that may be within their jurisdiction.