Michigan Right to Farm Law, what does it mean?

[Your_neighbor]

In response to Denninmi,

Having a mild legal background, I have read the Michigan Right To Farm Act carefully, and the rulings.


MRTF applies to commercial farms. You have to be an established farm to get it's protections. Since you are violating the laws to establish your farm, you cannot claim protection under MRTF. To do so would allow anyone to create a commercial farm anywhere, and most judges are smart enough to see the problem they would be creating if they allowed that. Read Section 3 of the law carefully, and note that it only applies to "Farms". You have to have already gotten farm status. In your case the zoning law was enacted long before you started farming in late 2010 so you cannot claim protection under subsection 2. Subsection 2 says that if you have a farm and the city enacts an ordinance that would cause your farming to be jeopardized, you are protected.

I have checked with my city and they agree with my assessment. By a strange coinky-dink, I also live in Auburn Hills.

HYPOTHETICALLY SPEAKING If your neighbors are ok with it and no one complains, it's no big deal. Many people just want to be left alone and be able to enjoy their property. On the other hand, if you were to create a coop on the side of your garage against the neighbors property and 20 feet from their patio/house (and in violation of setback laws that MRTF typically doesn't protect against), that would be a problem. You would literally be begging a confrontation with your neighbor because of the smell. It also wouldn't be good if you let your chickens run free and they tore up the neighbor's front gardens. Again, asking for trouble, and they might just use the laws to have a chicken dinner at your expense. They might even go so far as to report other violations they see you making but have been quiet about. IT'S JUST NOT SMART TO TICK OFF YOUR NEIGHBORS, ESPECIALLY IF THEY ARE TRYING TO BE CONSIDERATE TO YOU. They may have deep pockets and/or powerful connections.

There is another problem for your neighbor if you attempt to claim to be a commercial farm. You could later decide to raise something else, say a pig (or 100 pigs), and he would have no say due to RTF protections. There is also the issue of if you sell your property and the new owners decide to be farmers. It is really not in your neighbor's best interests to work with you if you just set something up without taking the time to find out if they are all OK with it, especially if it interferes with their enjoyment of their property. Best to offer your neighbors a document saying you are NOT a commercial farm, so their fears of future problems are allayed. That would also minimize IRS and other legal problems, since chicken farming isn't part of the Michigan Cottage Food Act.

In the above hypothetical case of your creating a coop near your neighbor's back patio, moving the coop to the other side of the garage, and relocating structures away from the fence would probably solve that problem for you. That would minimize smells and the sounds of Rooster's crowing all day long. It would show your neighbor that you were willing to take most of the abuse for your decision to raise chickens, instead of putting all the abuse on him. It would also allow you to see if any Hawks that might have moved in were causing a problem for you. You would want to do this quickly before your neighbor's patience wore thin.

Enough said?

 

[Your_neighbor]

This is quite an interesting topic. I have acquired a problem with neighbors who started raising chickens right on the property line next to my back door, so have spent the last few days researching the laws and how they work.

I found this interesting article, which pretty much sums up when and how the Right To Farm law works. It's short and very well written.

http://www.hollandsentinel.com/opin...to-Farm-Act-doesn-t-protect-urban-agriculture

"Simply put, if your property is zoned residential and the keeping of livestock is not permitted under your local zoning ordinance, the act will not supersede the zoning ordinance. "

So basically, how it works is simple. Say you live in a residential zoning area and want to raise chickens. Let's also assume your zoning ordinance says that you can use your residence for farming if it is 5 acres or more.

Is your residential land at least 5 acres? If so, you can establish a farm, raise chickens, and can obtain RTF protection. Your neighbors can't sue you for noises and smells IF you follow GAAMP.
Less than 5 acres? You can NOT establish a farm, and thus have no right to claim RTF protections. The neighbor doesn't even have to sue. They simply call the city and let them handle it.

It's that simple. You might like this or you might not. It doesn't matter.

As for grandfathering, that was addressed very well a few posts back. Check your local ordinances for non-conforming uses as they will spell out what you can and can't do. In my township, if you had a farm before the zoning ordinances were enacted you were grandfathered until such time as you ceased operations for more than 6 months without clear intent of restarting operations. Other townships will likely have different requirements.

There are lots of laws on the books that aren't enforced unless someone complains. Don't tick off your neighbors and you will probably be all right. I now have the problem of getting my well intentioned neighbor to see how inconsiderate she is being. She will either move her coop or have to get rid of her chickens. Which situation I make happen depends on how she reacts when I confront here.

 

[dianaross77]

I'm going to have to politely disagree with Your_neighbor. That's all I have to say about that.

 

[calista]

Thanks, Your_Neighbor, for posting that link -- interesting... Also, your analysis seems logical and well-reasoned.

Now I'm more confused than ever about grandfathering in the right to farm and whether local ordinances ever trump that act.

Who's the final authority on this issue as far as having set legal precedents? Anyone know of any court cases?

 

[mcbeers]

Quote:
Our_neighbor here is clearly not a chicken farmer, and is only on this site to gather information for their own fight against people like us. One downside to open forums like this...

 

[Your_neighbor]

The stand of the people who disagree with my analysis are, in essence, taking the following position:

If I am following GAAMP and want to do commercial farming, I can ignore any zoning ordinances because RTF trumps zoning ordinances. I can START farming 100 hogs on my residence, on my commercial property, on my street corner gas station, next to the judges house, behind my convenience store, wherever I want. If I own the property I can start farming on it, where ever it is.


Mention this to a judge and see where it gets you. It should amuse the entire courtroom. I would definitely mention it to the judge if I were trying to defend my rights to enjoy my property from some person who decided they wanted to ignore the law. The person violating the ordinance will lose every time.

The law clearly applies TO farms. You have to already BE a legal farm to enjoy the protections of RTF. It can be clearly shown to a reasonable judge that trying to interpret the law any other way doesn't make sense.

 

[Your_neighbor]

"Our_neighbor here is clearly not a chicken farmer, and is only on this site to gather information for their own fight against people like us."

I don't know what you mean by "people like us". I see several different types of people here. Most are searching for information, which is very impressive. Some are farmers. Some want to be farmers. I am not a farmer at the moment.

I am all for farming where farming is allowed. I am all for any use of land where that use is allowed. I am against shutting down established businesses simply because they are doing something that people find irritating. If you bought property near a pig farm, you should expect to smell pigs. If you buy land in an area zoned agricultural, you should expect agriculture. If you buy land in an area zoned industrial, you should expect loud noises, air pollution, and possible ground vibrations. On the other hand, if you buy land in an area zoned residential, it is reasonable to expect that neither a pig farm or a factory will be springing up next door.

My neighbor decided to establish a farm where one is not allowed. If her reaction to my request to move her coop away from my back door is the same as yours was, her chickens will be history.

 

[dianaross77]

I think you'll be hard pressed to find anyone here to disagree that your neighbor should move her coop if it is a problem. But the MRTFA clearly states that (a) “Farm” means the land, plants, animals, buildings, structures, including ponds used for agricultural or aquacultural activities, machinery, equipment, and other appurtenances used in the commercial production of farm products. It also clearly states that (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. If you read the GAAMPS in full you'll see that there are restrictions on space, care, manure management, etc for each different groups of animals. So no, we can't go and stuff 100 pigs in our suburban backyards. If we are legitimate and commercial and following the GAAMPS then we aren't "breaking the law", the townships are by disregarding a statewide law.

 

[Your_neighbor]

It comes down to what it means to be a "farm". If you were legally entitled to farm when/where you started farming, you are a legitimate farm and enjoy the protections of the RTF as long as you are commercial and obey GAAMP. In that case the RTF definition of farm applies. If you did not have the legal right to farm when/where you started, you are not entitled to call yourself a farm and are not protected by the RTF. The RTF CLEARLY states that it applies only to farms. Does this imply it applies to illegally created farms? Not likely as that allows farming under any/all circumstances, which no judge in his right mind will accept, and it removes the power of the municipalities to organize properties in a way that is beneficial to everyone.

I have looked at numerous legal opinions this afternoon, and ALL of them agree on this. In every case where the farm had a legal right to exist when it was created it was covered by RTF. When it wasn't created under legal conditions... well, depended on how good the defendant was (or how pathetic the plaintiff was at explaining the obvious). Seems pretty cut and dried based on the available case law. In the hog farm case that caused the RTF amendment causing all the problems, the defendants had a legal right to farm but they violated a nuisance ordinance. Congress wrote the amendment to make clear that, since they had the legal right to be a farm, the nuisance ordinance did not apply. That is what the amendment that so many people misunderstand. I feel for the plaintiff in that case. The defendant essentially made all the surrounding land worthless with their hog farm. On the other hand, the plaintiff bought land where farming was allowed so caveat emptor applies.

It is important to understand that the townships have the right to organize the township properties for future enterprises as they see fit when they create zoning ordinances. They can, and do, specify where future farms are allowed just as they specify where future factories and homes may be built. What they cannot do is create ordinances that adversely effect existing legal farms . There is a big difference between the two, a difference many people apparently do not understand. If you start farming where it is not allowed, you are NOT a farm. You are a person engaged in an illegal activity, and subject to fine and/or cease and desist orders for zoning violations (creating a farm in an area where farming is not allowed). Even the "honorable" congressmen in Lansing would not write a law protecting illegal activities.

People are free to believe whatever they want, but if they are violating a zoning ordinance about whether farming is allowed they shouldn't be surprised if the zoning inspector shows up at their doorstep. You can try and go to court but your odds of winning are low and, even if you win, you have to show malicious intent on the part of the plaintiff to have a chance of recovering your court costs.

 

[Your_neighbor]

I actually came up with an example that might drive home the issue!

You have worked hard for many years and have just plunked down a million bucks to buy a posh home in a very luxurious neighborhood. It's all going great until one of your neighbors decides to raise a few cows. The neighbor on the other side sees this and decides to raise a few pigs. You see your property values going through the floor. You certainly didn't expect this in a residential neighborhood!

Some people are taking the stand that these are legitimate farms even though this is a (very expensive) residential neighborhood. This means that you, the homeowner, have no recourse because the owners are exempt from any/all nuisance ordinances by RTF. When you confront them, they get angry. How dare you tell them how to run their farms! They are commercial enterprises following GAAMP! They decide to double the size of their operations. Again you have no recourse since RTF protects them. Eventually the smell gets so bad that you are forced to move out and abandon the home.

Doesn't this sound like fun!!? Still want to make illegal farms subject to RTF protections?