Michigan Right to Farm Law, what does it mean?

[Your_neighbor]

This sentence in your post is the one I am referring to:

"Assuming that the plaintiffs' acquisition of additional land entitled them under the city's zoning ordinance [733 N.W.2d 398] to make agricultural use of the north parcel (a point on which we express no opinion)...

The ruling is short and sweet, so WHY would they go to the trouble of adding this extra phrasing? To me it is obvious. They are saying that they were assuming the parties had already agreed that the entity did not violate the zoning ordinance ALLOWING the farming use, and that the court was not commenting as to whether they agreed with that decision or not. People here were saying that they don't have to follow zoning ordinances allowing agricultural use, but here is a direct example from the highest court in the state saying they do. This statement DIRECTLY contradicts what the people here were claiming.

I saw the information you posted about the legislation when I looked into the history. It makes sense to me. The cities were trying to use ordinances to shut down legitimate commercial farms. I agree with what the farming lobby did, getting the legislature to add that amendment. Notice that the Senator was trying to get the legislation amended for under one THOUSAND animals. That was pretty clearly an attempt to put a loophole in the amendment so the city could get rid of small farms, of which there are a lot in Michigan. If the Senator had said 50 animal units, he probably would have been successful.

 

[Your_neighbor]

"What the Court said here was that the issue of whether or not the plaintiff had the right to extend the farm onto the new land was not raised or was not preserved on appeal. Therefor, the Court would not rule on it. "

Agreed. My point is that the court was saying this can be an issue in the first place. The issue was actually agreed between the parties LONG before the case came before the Supreme Court, yet the court felt it necessary to add this language to their ruling. That tells me they wanted to make sure people reading the ruling realized it could be an issue.

What people here have been trying to claim is that they can create a farm anywhere they want, whether it be a residential neighborhood, among factories, in a strip mall, or anywhere else, because RTFA overrides all local ordinances. That is simply not true. The ordinances have to allow farming at the time you start up, and the courts have consistently ruled that way. The only exception the courts have made is when farmers THOUGHT they were legal, had excellent reasoning for believing they were legal (RTFA says so is not excellent reasoning), were commercial, and were following GAAMPS.

 

[eldenbrady]

Your inference from the Court's choice of words is just that inference and speculation. While it is interesting to speculate as to how the Supreme Court might rule in the future it is not law.

The law (which is composed of the statutes, and published Court of Appeals and Supreme Court opinions interpreting the CURRENT statute) says that MRTF overrules all local statutes that restrict farming (time, place, method, etc) more than the GAAMPS restrict it.

So yes under the law as it now stands you can create a farm anywhere so long as you manage it in a way that is compliant with the GAAMPS, you have repeatedly stated that this is not true but have not cited any current law that supports your statement. Nor have you provided any information to support the concept that you know what you are talking about. What you have done is parroted the statements of the MDA and the Michigan local government associations claiming that the law says what you want it to say (which is essentially nothing) and repeatedly re-cited bad law.

 

[Your_neighbor]

The law could be interpreted to imply that you can put a farm anywhere you want but so technically you may be correct The courts are not implementing it that way, so it is just a technical point. The courts are consistently approaching their cases in the "inferential and speculative" manner I have described. Try creating a farm where it's not allowed and see how far you get in the court system with your RTFA argument. I bet you get no farther than anyone else has. Most of them had lawyers who used the same arguments you are... and lost. It's no big deal since on average lawyers are wrong half the time (one winner and one loser).

I guess we will have to agree to disagree, but I would be happy to go up against you in a courtroom on a case involving this issue.

And with that I am done on the thread. My issues with my neighbor have been resolved (I won) and I have nothing more to contribute. Good luck to all and happy farming!

 

[VikkiP]

After reading all 47 pages of this thread, it's nice to see "Your_Neighbor" has finally left the room. I'm glad he's not my neighbor, though he could well be.

I'd like to introduce myself. I am the "Papesh" of the "Shelby Township vs. Papesh" Michigan RTFA case from a few years back. In fact, I found this forum and this thread by Googling for the link to the case for another new customer interested in keeping a few chickens of their own. It's interesting to see the opinions presented here, and the confusion about simple things like "Livestock Production Facilities" (50 animal units = 5000 chickens, don't let anyone tell you otherwise) and the new Farm Market GAAMP. If you build a retail store and stock it with stuff you buy at your local farmer's market, then be sure you read it thoroughly. If, like us, you sell from a refrigerator under a covered porch or weather shelter, you'll be fine.

Our farming operation is still going strong, we currently have about 300 laying hens and raise 25 or so turkeys seasonally to fill pre-orders. We've had no further contact with our township or our neighbors regarding our chickens.

Here in Shelby Township, the official stance is still no livestock except on agricultural property, and guess what? There is no more agricultural property, it was all been rezoned to residential years ago. And our township ordinances are so archaic that it is illegal to grow sweet corn, tomatoes, lettuce, etc on your residential property. There are a lot of "lawbreakers" in the township, including, I'm sure, some of the local officials.

One thing that never came out in our case, and made me laugh at some of the posts saying we weren't a legally created farm, is that our homestead is the last undivided piece of an 83 acre land patent issued in 1822. This was an active working commercial farm from 1822 up until the 1960s, when the acreage was split off and left fallow. The walnut, cherry, apple and pear trees were not cut down; many of them are still producing today. We chose not to pursue the aspect of the RTFA that permits continued use of a property despite interruption, change of ownership, change of product and so on in order to make our case a clear and strong precedent against the abuse of property owners by local government.

And yes, ours is one of those cases where our coops are down the hill from the house, and closer to the neighbor's house than our own. The twist is that the entire property where the subdivision is now was vacant when we bought our first chickens, and the lot was sold and the house built with the chickens in place. It's not like we snuck them in one night and surprised the neighbors of the big box houses. We have photos of our chickens walking around the coops in '97, when the land to the north was still fallow fields with a number of 10-30 year old trees. I can't choose my neighbors, but I can choose how to manage my acre.

For those of you involved in a battle, my best wishes to you. It's agonizing, stressful, costly, and hard on families. The easy answer is to comply and shut down. If you do, I can't fault you for doing what you feel is right. If you can come to a peaceful, non-court resolution in your favor, such as a grass roots effort to modify the local ordinances to allow reasonable stocking for non-commercial use, it should be less of a battle than a years-long fight in the courts. If you choose to fight, be sure you are doing everything by the book as far as GAAMPs, and do your own case research. Make lists of things that are similar to your case. Keep good records, be sure to sell your products (even to co-workers, there is NO DEFINITION OF COMMERCIAL that says how much you have to sell to be commercial, though don't sell a token dozen just to try to pull it off). File a 1040 Schedule F every year. Find a market for your manure, only so much of it can go on your own garden before you fail soil tests, and unless you only have a couple of birds, you won't be able to compost all that you produce in a backyard pile. Hint: list it for free on Craigslist, the Downriver folks are always looking for as much as they can get. It will go away as fast as you bag it. It helps to have a good lawyer well versed in RTFA, the hard part is finding one. As time goes on, more will gain experience.

The Michigan Farm Bureau, of which I was a member of the Macomb County branch, refused to help us when I reached out to them early in our case. They said we had no chance of winning, and that it was too bad. The Farm Bureau is not interested in micro-agriculture, so don't expect support there.

Here's a good read on the basics of the RTFA. This is a plain language Act, which makes it much more difficult for a judge to twist it around. However, as shown in our case, they can fail to read and comprehend it, which is why we went to Appeals. http://www.animalagteam.msu.edu/uploads/files/20/Tech Bullitin Land Use.pdf

Good luck, and thanks for keeping backyard agriculture alive.

 

[wingless]

Thanks, VikkiP, for that terrific post. I've read the legal documents around your case, and am very glad to hear your perspective. I think we are fortunate to live in the state with the strongest Right to Farm act in the nation, and doubly fortunate that folks like you are willing to go to court to protect those rights. Many thanks.

The piece of all this that remains unclear to me is exactly what needs to be done to be compliant with GAAMPS. Those documents are extensive, and most do not apply to backyard chicken farming. I contacted the state for clarification, and was told that I should refer to my local city ordinances. Can you - or anyone - clarify exactly what it means to be compliant with GAAMPS with respect to backyard chicken farming in Michigan?

 

[shadygrovefarm]

Thanks vikkip! I have used your case as a reference along with the MRTFA with our township. We have been "working with" them trying to make a necessary change in our community since August 2009. I now have an attorney from the Farm to Consumer Legal Defense Fund working with us. We would rather see cooperation in amending and writing new policy pertaining to "urban ag" without the hassle of litigation, but we are prepared to do whatever is necessary to continue this way of life. Thanks for all that you have done and for setting a precedent in these types of cases!

 

[VikkiP]

The GAAMPs that apply to poultry operations of less than 50 animal units are quite minimal. There are:
the 2010 Farm Market GAAMP http://www.michigan.gov/documents/mda/2011_DRAFT_FARM_MARKETS_GAAMPs_331759_7.pdf (if you use a building for retailing your products, at least half the products marketed in it must be produced on your farm, and you must provide adequate off-street parking, or if you sell from a stand physically not on your farmstead, the site must be zoned ag),
the Manure Management GAAMP http://www.michigan.gov/documents/mda/2011_DRAFT_MANURE_GAAMPs_331764_7.pdf (keep it clean, control vermin and flies),
the Pesticide Application GAAMP http://www.michigan.gov/documents/mda/2011_DRAFT_PESTICIDE_GAAMPs_331770_7.pdf (we're non-cert organic so I haven't read much on this one),
the Nutrient Utilization GAAMP
http://www.michigan.gov/documents/mda/2011_DRAFT_NUTRIENT_GAAMPs_331768_7.pdf (this is where the soil tests come in, get them done if you spread your manure on your garden),
and the Care of Farm Animals GAAMP
http://www.michigan.gov/mdard/0,4610,7-125-1567_1599_1605-70356--,00.html

These GAAMPs are not complex and they are farmer friendly when an operation is run in a sensible fashion. With the GAAMPs, it is easy to document that you are in compliance and therefore under the protection of the RTFA. The hard part is getting the MDA on site for a proactive inspection, it can take months due to state cutbacks, so get your soil tests, make your plans, get them approved, and get a site inspection if necessary.

Our birds consume approximately two tons of feed per month, and produce approximately two tons of manure per month. Other than what we save for our own garden, we give away the rest of the manure. For a larger scale small land operation, manure management is perhaps the most critical part of the plan. Either find a community garden that will pick it up or allow you to dump it, or go with the Craigslist ads, where you will have no trouble finding someone to take it, especially if you are organic or quasi-organic.

Don't be afraid to talk to the MDA. Although their primary regulatory activities revolve around larger farms, they can work with you on your small farm plans. There are only a couple of GAAMP folks in the MDA so please do as much as you can on your own, and use online resources to learn what you can before reaching out to them. They are happy to help those who first help themselves.

Contact the Michigan Department of Agriculture Right-to-Farm Program for answers to questions about the Michigan Right-to-Farm Act or help interpreting the GAAMPs for farm animal care.

Michigan Department of Agriculture
Right-to-Farm Program
P.O. Box 30017
Lansing, MI 48909
(517) 373-9797 or (877) 632-1783

One thing to remember is that the GAAMPs are a living document. They can and do change every year. Be sure you read the GAAMPs in effect and make the necessary changes to stay in compliance, and document your management practices.

Another thing to keep in mind is your success may also be your road to failure. We started our operation with five hens in 1997. We gave a few eggs to family, started selling a few to coworkers, and soon grew to 25, 50, 75, 100, 150, 250, 300...we were close to 450 before phasing out the old birds last year, and that was too much. We sell all the eggs we produce from approximately 418 layers, in winter that's about 17-18 dozen a day. We could sell a lot more, but this is where we draw the line. We are also now raising turkeys for Thanksgiving, heritage and broad breasted bronzes, and they take up a lot more space than chickens. As we are raising 45 turkeys in 2012, we are reducing our layers by 50 to maintain reasonable stocking levels. We're cage free and technically free range, the birds are in tent-type coops with access to the outdoor runs. It's not about quantity, it's about quality. Our customer base has been strongly supportive of us.

If you want to establish that you are commercial, take advantage of listing on LocalHarvest.org or a similar site. Surprisingly, this little ad I put up years before the lawsuit was considered evidence of commercial operation, more so than copies of the postcards and fliers I posted at the feed store and elsewhere.

http://walnuthillfarmmi.com

 

[celtic gypsy]

Greetings!
There is so much information here! I have read through most of these 45+ pages and did not find my answer.
We are looking to be as self sufficient as we can and are interested in raising backyard chickens for eggs. We live right in the middle of a small rural village and do not even have half an acre of land. Are we able to have chickens? I figured hens only, no roosters, as to not disturb our neighbors.
Does the MRTFA apply to us, as long as we sell some eggs?
Thanks very much!

 

[celtic gypsy]

sorry! I should add that we live in southwest Michigan- in between Grand Rapids and Kalamazoo.