If you want to oppose the local laws in Michigan you need to use the Michigan State Right to Farm Act (RTFA).
Your local officials will hit you with several illegal laws. One law they may try to use is that you are not in a agricultural zone area. To combat this statement use the court case:
Court: Michigan Court of Appeals (Unpublished13 No.
268920 (2006))
Case Name: Papadelis v. Troy (Oakland County)
In the court case the city argued that the defendent was in violation of the cities residential zoning ordinance. The city lost and the court stated "A farm operation that conforms to generally
accepted agricultural and management practices is
entitled to the protection provided by the RTFA
without regard to the historic use of the property
in question"
Further more in the case:
Michigan Court of Appeals (Unpublished11 No.
246596 (2004))
Case Name: Village of Rothbury v. Double JJ Resort
Ranch (Oceana County
It was stated by the court:
Because an ordinance provision that only
permits single family dwellings, playgrounds, and
parks would prohibit farming operations, the
ordinance provision conflicts with the RTFA and
is unenforceable.
These two cases should get you past the local zoning board if you are in a residential area.
Next they may go after you for the size of your land saying that it is to small to meet the the local zoning requirement. If they try this use the following court case:
Court: Michigan Court of Appeals (267 Mich. App. 92;
702 N.W.2d 92 (2005))
Case Name: Shelby Township v. Papesh (Macomb
County
It was stated by the court in this case:
The ordinance conflicts with the RTFA to the
extent that it allows plaintiff to preclude a
protected farm operation by limiting the size of a
farm...Any township ordinance, including a
zoning ordinance, is unenforceable to the extent
that it would prohibit conduct protected by the
RTFA."
If they say you dont sell enough to qualify as a farm the above case will work to combat this arguement, but you will need to satisfy the following statement issued by the court:
If defendants farm is to be protected by the
RTFA, it must be also engaged in breeding,
raising and selling poultry for commercial
purposes as well as being in compliance with the
appropriate GAAMPs as determined by the
[Michigan] Commission [of Agriculture
So sell some eggs to a friend and you are ok.
Also if they complain about sound or smell you just need to prove that you are following generally accepted agricultural and management practices as defined by the State of Michigan. Currently I believe the State only has written regulations for farms over 2000 chickens.
Then you need to inform the enforcement officer of the following quote fron the RTFA:
"In any nuisance action brought in which a farm or farm operation is alleged to be a nuisance, if the defendant farm or farm operation prevails, the farm or farm operation may recover from the plaintiff the actual amount of costs and expenses determined by the court to have been reasonably incurred by the farm or farm operation in connection with the defense of the action, together with reasonable and actual attorney fees."
Let them know that if they lose you will seek legal cost from them.
Finally tell them to read the RTFA and pay close attention to the following quote: 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"
Basically if you treat your chickens well and sell a few eggs there is nothing the can do to you. If they do you can recover your cost from them when they lose in court. You must let them know this.
For more information on the RTFA court cases got to:
http://web5.msue.msu.edu/lu/pamphlet/Bl
4-2006.pdf
For the Right To Farm Act got:
http://www.legislature.mi.gov/(S(iq...ry=on&highlight=right AND to AND farm AND act
best of luck tcjim
