Michigan Right to Farm Law, what does it mean?

[Stc-Gromit]

I may go under the radar? I may give up on this for now? For me, and I've been told it's silly, I had this idea of doing something grand. Raising chicks (at first. From eggs later) into egg laying, meat producing garden loving pooping chickens with my boys. I wanted to watch them learn (even if it were a very small part of it) what my father did as a farmer in the thumb as a child. what my brother and I learnerd from raising chickens and rabbits as children. We go through about 2 - 3 dozen eggs a week and the boys love eating the healthy eggs from their cousins coop.
I tried to incorporate gardening into my Bear Cub Scouts this year. Planting seeds, feeding and watering and then transplanting the seedlings outside to reep the bounty in the summer. The chickens were going to take this to the next step. The ethics of cleaning, feeding and general care for an animal. The morality of possibly slaughtering an animal for nurishment. The love for a pet!!! Compassion! Responsibility!
Then there was my secret business idea. To build small tractors and lease/rent the to Villagers. I would provide laying hens for the season or year. I could deliver food and water, "coop sit" while the owners were away. I would clean the coops for a small fee. All the micro farming locavores would have to do is collect eggs and call me, my boys and scouts for assistance when needed. This would play right into the raised bed garden business model. Same thing. Fresh composted manure, I build, maintain, plant and weed. All the microfarming locavoreswould need to do is pick fresh tasty veggies. And pay their rent!!
Small start buisness at it's best. Feeding the villagers and economy. Small business that has the potential to be franchised nationwide.
But,,, To do this and look my boys and scouts in the eye I would have to hit it head on, stay within the law, use the system to assist my fight. I could not fly under the radar and hide chickens in my back yard. It's just not my way.
Silly!!!! I know.

Just as a side note. My daughter gets paid good for dog, horse and house sitting. I have had a few people interested in my "Chickens for rent" model.

 

[VikkiP]

"Where does it specifically say that livestock production facilities are ONLY more than 5000 laying hens (or 50 animal units, right?) because the MDARD guy specifically said ALL animal farms NO MATTER THE SIZE are considered livestock production facilities. So the site selection GAAMP applies to EVERYONE. I specifically argued this with him (or tried to...) and he was very clear on that.

<And to be clear, I am not arguing with you because I disagree...I WANT you to be right, I am just pointing out what I was told.>
This:
However, according to the Michigan Department of Agriculture and Rural Development, RTFA jurisdiction does not apply because a farm being allowed in a zoning district is specifically mentioned as a prerequisite in certain Generally Accepted Agricultural Management Practices (e.g. livestock siting, farm markets), so local regulation to allow farms in only certain zoning districts is appropriate.

is what both the MDARD guy and the guy at my Michigan senators office told me, and the senator's guy said that he was very familiar with GAAMP."



Let's go over this again, step by step (this is where the current MDARD position being officially expressed is contradictory to the legislation):

Full name of document: Generally Accepted Agricultural and Management Practices for Site Selection and Odor Control for New and Expanding Livestock Production Facilities

Definitions:

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.

Or, given that many have no chickens now, how about this one:

New Livestock Production Facilities - All facilities where animals will be confined and/or
manure storage structures that are built at new sites and are not part of another
livestock production facility, including a site that is expanding greater than 100 percent
of existing production within any three year time period and the resulting number of​

animal units will exceed 749.

Or this one:

Expanding Livestock Production Facility - An addition to a facility to increase the holding
capacity where animals will be confined at a site that presently has livestock production
facilities contiguous to the construction site. A new or expanded manure storage
structure built to accommodate an expansion in animal units within three years from
construction of the manure storage will also be considered an expanding livestock​

production facility.

Step one: Determine if you have a livestock production facility. Do you confine animals in a space with a capacity of 50 animal units or greater? Table 1 defines Laying Hens or Broilers as 5000 birds = 50 animal units.

Not a livestock production facility because you have or want 6 chickens? GAAMP does not apply. Proceed to next GAAMP.

But wait, local official or MDARD says you are creating a new livestock production facilty. Okay, let's look at that definition. Are you starting a livestock production facility (over 50 animal units)? Will the resulting number of animal units exceed 749 for all associated confinement facilities? Will you have 74,900 chickens or more? Could you find your house if you did?

Or say you have 3 chickens and want to expand your coop or run to house 6. Is that an expanding livestock production facility? It would be, if the definition for this GAAMP of livestock production facility did not set the threshold at 50 animal units.

The MRTFA cannot be sliced and diced to yield the results that MDARD and local governments would like them to say. The courts have upheld many aspects of the legality of the law AS WRITTEN and decided in favor of those who actually do consider the GAAMPs. Now if only the MDARD would read the laws...and a word of advice, don't believe everything you are told, do your own research from the original sources. A lot of people who are "experts" have not studied it in full; I spent two and a half years of my life analyzing this single Act and its GAAMPs so I feel I know it better than the average reader.

 

[blackswan]

The city of New Baltimore unanimously turned down the proposed ordinance change to allow for BYC.
I expected this outcome, but made my last effort for them to vote based on facts not opinion.

They were concerned for pests, children playing in chicken droppings,noise,deed restrictions, and the decline of saleability of properties.

I made my best effort to point out the sucess in other communities. And tried to address each issue. We were on opposite ends of the spectrum.

One other citizen spoke up against BYC due to the increase of rats in Michigan as ther was an article in the Detroit Free Press this weekend.

The city attorney brought up the RTFA and claimed he had calls into the "state". I wasn't going to go there unless they brought it up. I defined a farm per state law and their argument was deed restrictions( of which I have not gotten as my work schedule doesnt afford me time to get their during their office hours)

Needless to say some of the exchanges were a little spirited. Apparently this meeting was video taped for the first time.

My DH does not want us to have to fight this at the state level and I dont want to fight at home.

I wish everyone luck with their fight and with their flocks

One day I will have them.

Thanks to everyone that has detailed so many facts and their advice.

Michelle

 

[RaZ]

The city of Garden City completely shelved the idea of allowing chickens.
Basically the mayor cited the existing ordinance that prohibits "fowl" and said that unless a council member wanted to make a motion to allow chickens then it would no longer be discussed. He basically cowed the council and dared them to go against his wishes.

Oddly enough he had the city attorney there who said that RTF and GAAMPs don't apply to "high density" cities. He also said that state law does not trump local ordinance. I wonder what law professor taught that!

My court date is July 17th. We will see what happens then.

 

[thewaggonerfami]

Okay, hear this as coming from someone who is not versed in all the ins and outs, but what about a class action suit against MDARD and the municipalities that refuse to follow the RTFA?

 

[MI-CHick]

Find a lawyer and see if we have a case but I think a class action can only be against one city - a class of people taking action against the city. However, perhaps a class action against the state for not upholding it's own laws? Class action of a few people in one city against that city? It's worth a look

 

[Stc-Gromit]

I was told once that everyone has the right to speak in front of the senate or congress? I was told that you get 10 - 15 min to speak your mind and it goes on record. Do any of you know if this is true and can it be done at all levels and the ag department meetings? Could we set up a town hall meeting and invite our reps and press to get answers? I just read that Sen Ken Horn has 1 Monday a month in St.Charles where he is open for visits and questions.

 

[wingless]

Okay, hear this as coming from someone who is not versed in all the ins and outs, but what about a class action suit against MDARD and the municipalities that refuse to follow the RTFA?

An easier place to start is the Ag Commission meeting; the next one is a week from today, on July 17th at 9 am in Lansing. Anyone can have 3 minutes to speak to the commission on the topic of their choice. As I understand it, this is a citizen (non-governmental) group that oversees the activities of MDARD, and their approval is required for implementation of any changes to GAAMPS proposed by MDARD. I think this commission is sympathetic to MDARD, but should also be interested in any complaints against their activities. http://www.michigan.gov/documents/mdard/July_17_NOTICE_390955_7.pdf

Note that since the last Ag Commission meeting, a new MDARD director has been named. It seems likely that she will be there, and that she would also be interested in the issues that many of us are having with statements coming out of MDARD that appear to conflict quite directly with state law.

Finally, note that ANYONE can apply to Governor Snyder to be appointed to this (or any) state Commission. I submitted my application to be appointed to the Ag Commission a few weeks ago. Chances are small, of course, but if anyone else is interested in engaging at this level I'd be glad to provide information on how to apply.

 

[VikkiP]

Wingless, if you could send that info to me I would also like to apply. Chances are slim as there is another local farmer on the commission (Westview Orchards, they do agritourism in addition to orchard and cider and bakery).

 

[wingless]

VikkiP, you would be perfect. Here is the website, just click on the Appointment Application link:

http://www.michigan.gov/snyder/0,4668,7-277-57738---,00.html