Michigan and Right to Farm

Discussion in 'Local Chicken Laws & Ordinances (and how to change' started by ridgefire, Sep 2, 2011.

  1. ridgefire

    ridgefire Chillin' With My Peeps

    561
    1
    161
    Jan 8, 2008
    Northern Michigan
    Got into this discussion at work. I've been reading the threads here. I admit I can be a bit of speed reader so maybe I missed the answer already.

    Talking about city ordnances. The one ordnance states:
    Sec. 10-7. Raising animals, fowl, or bees.
    No person shall in the city engage in the business of raising animals or hatching or raising domestic fowl, pigeons, or bees.
    (Code 1971, ยง 6-7)

    Now the Michigan Right to Farm Act states:
    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.

    Here is my question. The city ordnance I quoted was enacted before June 1, 2000. So does the Farm Act then make the ordnance null? Also in one of the more heated discussions on here, one member kept quoting a case from 1965. Again wouldn't this part that states June 1, 2000 trump that case from 1965?

    Now more on the Right to Farm:
    (7) A local unit of government may submit to the director a proposed ordinance prescribing standards
    different from those contained in generally accepted agricultural and management practices if adverse effects
    on the environment or public health will exist within the local unit of government
    . A proposed ordinance
    under this subsection shall not conflict with existing state laws or federal laws. At least 45 days prior to
    enactment of the proposed ordinance, the local unit of government shall submit a copy of the proposed
    ordinance to the director. Upon receipt of the proposed ordinance, the director shall hold a public meeting in
    that local unit of government to review the proposed ordinance. In conducting its review, the director shall
    consult with the departments of environmental quality and community health and shall consider any
    recommendations of the county health department of the county where the adverse effects on the environment
    or public health will allegedly exist. Within 30 days after the public meeting, the director shall make a
    recommendation to the commission on whether the ordinance should be approved. An ordinance enacted
    under this subsection shall not be enforced by a local unit of government until approved by the commission of
    agriculture.


    How would one find out if their local body of government submitted a proposed ordinance to the state?

    Again my stance on this whole thing is any city ordnance enacted before June 1, 2000 would be trumped by the Right to Farm. Unless the body of government submitted a proposal to the state/
     
  2. dianaross77

    dianaross77 Chillin' With My Peeps

    Oct 10, 2010
    Grand Blanc, MI
    Is that ordinance part of the zoning or something separate? If the property is zoned agricultural and they added this ordinance then I would say you're protected as long as you establish yourself with commercial intent and follow the GAAMPs. But if you're zoned residential, you don't stand a chance. The current case law is not in the favor of ruling against zoning.
     

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