Michigan Right to Farm Law, what does it mean?

[mcbeers]

Lazy J Farms Feed & Hay :

Quote:
Teh law specifically requires that a farm be commercial and follow GAAMPS. If you follow those then your Farm/Farming Operation is protected from nuisance lawsuits. I have no problem with the small guy being protected along with the big guys, that is why the law was enacted to protect farms. As we know the definition of a farm is changing, fortunately this law took that into consideration, be for profit and follow GAAMPS and you are protected. I find it difficult to imagine a 4 to 6 hen operation falling in to the commercial aspect of the law, but i am not a lawyer, just a mere hog farmer.

That's the thing. The law doesn't specify. Times are tough for a lot of people right now, particularly in this state. I do not have any problem believing that there are people that NEED to do this to supplement their income, or to eat at all to get by right now. Maybe the people who wrote this law had this very thing in mind, and that is why they left it open as wide as they do. The whole thing is, if you are following GAAMPS, then there should be no nuisance that is anything worse than some possible noise pollution. My neighbors 5 yapping little dogs make far more noise than my 5 chickens. The cars and trucks driving 50 MPH (legally) on the highway behind our house makes far more noise as well. That is the point of GAAMPS, to treat the animals that are being farmed, and the people who are near all types of farms protected from mistreatment. Obviously, like your own thoughts, this is just my opinion, and interpretation. But there have been court cases that seem to follow along with my line of thinking. So, no disrespect to you for your opinion either. But I find it offensive to call these small flocks a mockery of the law's intent.​

 

[PaulaSB12]

I am rather suprised at the amount of laws stopping people having chickens. Especially these of you who have an acre or more of land. This is what I found on the page for my local council

you can keep chickens on your property as long as they are well looked after and you don't allow an oour, noise or fly issue to cause problems for your neighbours. However if you rent your property check with your landlord and letting agency.
And most gardens are alot smaller than the ones you seem to have.

 

[Caprice_Acres]

Can someone link me to the actual website where this came from? I'm guessing it's a governmental site? I'd like to get the reference for the info on the MI right to farm act from the original post.

Thanks!

 

[mcbeers]

Quote:
http://www.michigan.gov/mda/0,1607,7-125-1566_2311_2313-13052--,00.html is the Department of Agriculture's site for MRTFA. The link to the actual legislation is at the bottom of that page, or: http://www.legislature.mi.gov/mileg...mcl-Act-93-of-1981&queryid=8769063&highlight=

 

[MI-CHick]

Here's a legal opinion "City Attorney Karrie Zeits researched and discovered the Michigan Right to Farm Act prohibits cities from banning commercial farming, including raising chickens, she said.

A city resident need only sell one egg to qualify as commercial, Zeits said."

http://record-eagle.com/grandtraverse/x75075100/Chickens-coming-home-to-roost-in-TC

I believe not all city attorneys agree with Ms. Zeits and have made the mistake of losing when they have taken residents to court. In these hard times it's sad when cash-strapped cities take responsible chicken owners to court wasting time and money for everyone.

 

[dianaross77]

The MRFTA was originally intended to protect existing farms from nuisance law suits. However, it was amended. Now it protects ANY farm, old or new, big or small. State law overrides city, county, township, village laws and ordinances (including zoning). Just as federal overrides state. That's why despite the fact that medical marijuana is legal in some states, the DEA can still go in and shut down dispensaries. It is our right as Michigan residents to protect our agricultural heritage. We have the best Right To Farm Act in the country and should use it if we want. It's not frivolous and it certainly isn't a mockery. I've quoted it before but I'll put it in again.

"(6) Beginning June 1, 2000, except as otherwise provided in this section, it is the express legislative intent that this act preempt any local ordinance, regulation, or resolution that purports to extend or revise in any manner the provisions of this act or generally accepted agricultural and management practices developed under this act. Except as otherwise provided in this section, a local unit of government shall not enact, maintain, or enforce an ordinance, regulation, or resolution that conflicts in any manner with this act or generally accepted agricultural and management practices developed under this act."

 

[FireTigeris]

Quote:
Now I need that clause in the FL one...

 

[MI-CHick]

I found this for bees but I think the same thing applies for hens.

http://www.michiganbees.org/wp-content/uploads/2010/03/RTFA-Beekeeping-SEMBA.pdf

The way I see it, if you comply with GAAMPS and sell or intend to sell some of your eggs, your hens are protected by RTF regardless of what the city says.

 

[bluere11e]

Quote:
Now I need that clause in the FL one...

I agree. I live in a gated ag/res community where everyone has 5 acres. it is advertised as equestrian, but on the county books, ag/res..past Board members decided to change the By laws to make any Ag buisness illegal. Many owners have an ag tax exemption.. Can I tell you a majority of those Board members are from NYC? Anyway.. It's been a nasty fight.. many people can't afford having their taxes brought up to res.. most are paying mere hundreds.. without the ag exempt, it would be 10,000.00 plus annually! Florida too has a right to farm act. Both the Exepmtion and the RTFA requires proof of a business, namely the filing of a 1040F IRS tax form annually.. AND having the animals/plants utilize more than 3/4ths the property minus the homesite.
I wish it had a provision that stated.. Local laws and rules can't stop it. I hate some of our board members.. half the community will suffer financially, and they don;t understand that if those homeowners are breathing freely because they save so much in prop. tax.. they can't afford thousands and might have to leave their homes.. if that's the case.. no dues will be paid to the HOA for those properties = lost revenue. Those city idiots are butt stupid...In this economy who buys 5 acre lots to just mow it and look at it???

 

[brandislee]

I should see what the provisions in MN's right to farm act say- I know they even talk about it in our township ordinances, but they very clearly imply that the "right to farm" provisions mean that we can't complain about farming practices of large farms. So I can't complain about the potato farmer across the road helicopter spraying chemicals onto his fields once a week all summer (not that I would, but I can't help but wonder how much of the spray drifts over to my property where my children could come in contact with it).

The township thing bothers me- I grew up on a farm in Nebraska, and there are no such rules. If you live outside of city lines you can do whatever you want, agriculturally speaking. I understand that the rules exist to protect the animals as well, but it annoys me that the rules in my township state that any property under 3 acres can only house .3 animal units (at 3 acres you can house 2 animal units, and it goes up again at 5 acres and from there there's a formula) regardless of the size. Our property is 2.75 acres. So depite the fact that our property is ALMOST 3 acres (and likely was 3 acres at one point, until they redid the roads and added right-of-ways) I can only keep 30 chickens. .25 acre bigger and I could keep 200. Not that I would want to keep 200 chickens, but it would be totally reasonable for me to want to keep 40 or 50, but I "can't" (even though I may do it anyway). However, I don't (at the moment) have the intention of selling my eggs, and if I did it would be more of an informal thing and I don't know if I would want to file taxes on it. Of course, if I did choose to sell eggs and I filed taxes on it I'll bet I would have a loss each year, and that would be a good thing for my taxes, wouldn't it? If we also had the provision that 3/4 of the property, minus the home, must be devoted to the "farm" I would also loose on that one. My chickens will probably take up 1/4, maybe a little more. Maybe if I start selling produce as well- my garden and soon to be added fruit trees, in addition to my chickens, will probably come to 3/4 of the property.

Sorry, I got off topic a little But I think it's a sad day when us "little guys" have to defend our right to have a few unobtrusive chickens or other small livestock, while the big farmer across the road doesn't have to justify possibly poisoning my children. I'm really glad this is changing in many areas. As a society I truly believe that we would benefit if more people moved back to the small farm based agrarian lifestyle.

Thanks for listening