Michigan Right to Farm Law, what does it mean?

[wingless]

The ruling in the Thomason case is included in this link:

http://cityofypsilanti.com/bd_city-...ters/2011/01-27-11 Council_Information_Letter

It does look as though the decision rested on the assumption that a backyard flock falls within the legal definition of a livestock production facility.

 

[dsp]

Quote:
The Michigan Department of Agriculture has clear definitions of what a "livestock Production facility" is. You must have and maintain at least 50 "units" of animals...and for example, 50 units of laying hens is 5,000 laying hens. So to be a livestock production facility you would need to have 5,000 or more laying hens at your farm.

 

[MI-CHick]

I am confused, does this mean that the judge interpreted RTF to apply only if there are 5000+ hens or only if there are 4999 or less?
I thought that regardless of the size of the operation, you are covered if you sell some eggs and comply with GAAMP regardless of local ordinances.

 

[dsp]

The judge made a bad ruling. He ruled as if Thomason was a livestock production facility. He is not. No where near being that. The judge made a bad ruling. The Michigan Dept of Agriculture is clear on what a "livestock production facility" is. The MRTFA is clear that farms get protection with out citites butting in.

 

[dsp]

Quote:
Yes that is how the law is written, unless you become a livestock production facility--- then you would have other things to consider according to the law and gaamps.

 

[wingless]

Ok, this is a bit long, but here is the part of the ruling relevant to the 'livestock production facilities' part of the argument; I also searched the document for the legal definition of that term but didn't find it. Makes me wonder if the definition of 'livestock production facility' was known to the judge at the time of the ruling. Here it is:

The Michigan Department of Agriculture has issued the current Generally Accepted Agricultural and Management Practices (GAAMP) pursuant to the MRTFA. The Legislature required the Department of Agriculture to develop uniform and statewide standards based on sound science. GAAMP has been developed in the following areas: manure management and utilization; pesticide utilization and pest control; nutrient utilization; care of farm animals; cranberry production; site selection and odor control for new and existing livestock production facilities; and irrigation water use. For purposes of this case, the only relevant GAAMP is site selection and odor control for new and existing livestock production facilities. All potential sites for new and expanding livestock production facilities can be identified by three general categories.

They are:
Category 1. These are sites normally acceptable for livestock production facilities and generally defined as areas that are highly agricultural with few non-farm residences.

Category 2. These are sites where special technologies and/or management practices could be needed to make new and expanding livestock production facilities acceptable. These areas are predominantly agricultural but also have an increased number of non-farm residents.

Category 3. These are sites that are generally not acceptable for new and expanding livestock production facilities due to environmental concerns or areas that may be predominantly residential.


As set forth in Category 3 in GAAMP, certain areas are considered unacceptable for construction of new livestock facilities. Those include:

2. High public use areas - Areas of high public use or where a high population density exists, are subject to setbacks to minimize the potential effects of a
livestock production facility on the people that use these areas. New livestock production facilities should not be constructed within 1,500 feet of hospitals,
churches, licensed commercial elder care facilities, licensed commercial childcare facilities, school buildings, commercial zones, parks, or campgrounds.
Existing livestock production facilities may be expanded within 1,500 feet of high public use areas with appropriate MDA review and verification. The review process will include input from the local unit of government and from people who utilize those high public use areas within the 1,500 foot setback.

3. Residential zones - Areas zoned primarily for residential use will generally have housing at a density that necessitates setback distances for livestock
production facilities to prevent conflicts. New livestock production facilities shall not be constructed within 1,500 feet of areas zoned for residential use where
agriculture uses are excluded. Existing livestock production facilities may be expanded within 1, 500 feet of areas zoned for residential use with approval from the local unit of government.

It is clear that the City of Ypsilanti falls within Category 3 since it is mostly a residential zone with business and industrial business districts. Appellant's property is zoned for residential use. It is clear under the plain language of GAAMP that Appellant's micro-farming activities would be prohibited.

 

[dsp]

yes but if you are not a Livestock production facility (meaning 5,000 or more hens) none of this applies to a small farm.

 

[Laigaie]

Micro-farming is by definition not a "livestock production facility". What is wrong with this judge? Serious need for an appeal process here.

 

[shadygrovefarm]

The site selection GAAMP is specific to livestock production facilities, which, as stated above is 50 animal units or greater (i.e. 5,000 chickens or more). I can't believe this judge made the ruling that he/she did. My interpretation, along with lawyers that I have spoken with as well as many other professionals in the field, is as follows: one must meet the definition of a "farm" as defined in the MRTFA, must have a "farm product" and be "commercial in nature". Under 50 animal units, GAAMPS are voluntary, but is a good practice to follow them. This ruling is, in my opinion, completely wrong and NEEDS to be appealed if allowed!
Here is the definition of a "livestock production facility" which is included in the Site Selection GAAMP:

"Livestock Production Facilities - Includes all facilities where farm animals as defined in
the Right to Farm Act are confined with a capacity of 50 animal units or greater and/or
the associated manure storage facilities. Sites such as loafing areas, confinement
areas, or feedlots, which have livestock densities, that preclude a predominance of
desirable forage species, are considered part of a livestock facility. Pasture lands are
excluded."

Here is the link for the entire GAAMP:

http://www.michigan.gov/documents/MDA_SITE_SELECTION_133281_7.pdf

 

[dsp]

I sent the Judge an email. I am not holding my breath for a reply