Michigan Right to Farm Law, what does it mean?

[wingless]

I completely agree with RaZ; if passed, the proposed changes to the 2013 Site Selection GAAMPS will have a profound affect on agricultural rights in Michigan. I am pretty sure that even MDARD doesn't realize the extent to which their changes to that document will impact not only urban and residential farmers, but also rural farmers.

But I also agree with cowcreekgeek. I think he has been saying for many days now that given the uncertainty ahead, the best strategy for everyone right now - and certainly by the end of 2012 - is to establish a farm operation, and make sure that you have proof that it was established in 2012. The reason for that is that the rules are always different for established farms than for new farms; if you have an established farm in 2012, you will not be affected by the 2013 GAAMPS, even if they pass. So the very best thing you can do to protect your farming rights is to get yourselves some chickens by the end of the year. Keep the dated receipt for the chickens, the feed, the supplies. Take pictures with a current newspaper to establish the date. Whatever. Just make sure that you can prove that you had a farming operation in 2012, in case the 2013 GAAMPS pass.

 

[CaraBear]

my husband SO will not go for that........ugh.

 

[fuzzybutt love]

But I also agree with cowcreekgeek. I think he has been saying for many days now that given the uncertainty ahead, the best strategy for everyone right now - and certainly by the end of 2012 - is to establish a farm operation, and make sure that you have proof that it was established in 2012. The reason for that is that the rules are always different for established farms than for new farms; if you have an established farm in 2012, you will not be affected by the 2013 GAAMPS, even if they pass. So the very best thing you can do to protect your farming rights is to get yourselves some chickens by the end of the year. Keep the dated receipt for the chickens, the feed, the supplies. Take pictures with a current newspaper to establish the date. Whatever. Just make sure that you can prove that you had a farming operation in 2012, in case the 2013 GAAMPS pass.

I'm not sure that this is true. The GAAMPS effectively target "grandfathered" properties as well, requiring them to be up to par with the new laws as well! So i don't believe grandfathering will work in this instance

 

[wingless]

I'm not sure that this is true. The GAAMPS effectively target "grandfathered" properties as well, requiring them to be up to par with the new laws as well! So i don't believe grandfathering will work in this instance

Fuzzy, I asked a similar question way back on Sept 18th from MichAttorney, and here is his reply:

As to grandfathering, it's pretty straightforward. The 2013 GAAMPS applies to two classes of operations: "new" operations, and "expanding" operations. That obviously doesn't mean "existing" operations except to the extent that you are "expanding." If, in 2013, I am not a "new" or "expanding" operation ... how would it apply?

 

[cowcreekgeek]

I completely agree with RaZ; if passed, the proposed changes to the 2013 Site Selection GAAMPS will have a profound affect on agricultural rights in Michigan. I am pretty sure that even MDARD doesn't realize the extent to which their changes to that document will impact not only urban and residential farmers, but also rural farmers.

But I also agree with cowcreekgeek. I think he has been saying for many days now that given the uncertainty ahead, the best strategy for everyone right now - and certainly by the end of 2012 - is to establish a farm operation, and make sure that you have proof that it was established in 2012. The reason for that is that the rules are always different for established farms than for new farms; if you have an established farm in 2012, you will not be affected by the 2013 GAAMPS, even if they pass. So the very best thing you can do to protect your farming rights is to get yourselves some chickens by the end of the year. Keep the dated receipt for the chickens, the feed, the supplies. Take pictures with a current newspaper to establish the date. Whatever. Just make sure that you can prove that you had a farming operation in 2012, in case the 2013 GAAMPS pass.

That is indeed the theory, but keep in mind that you don't have to limit yourself to, or even begin your operation(s) w/, poultry ... pick somethin' a bit less controversial, that ain't likely to generate any complaint or concern, and then immediately 'expand' your operation(s), as the goal should be to have everything you wish ultimately to do in place prior to any changes to the Act itself.

There ain't no guarantees -- they may still hang folks out to dry, but it's generally considered to be political suicide to negatively impact established businesses, and would certainly give 'em the very sorts of negative attention those pushin' for these changes don't wanna see in the media.

my husband SO will not go for that........ugh.

And, I'm sure you'd be pleasantly surprised by his response, once you presented the facts ... any existing operation will most probably be allowed to continue, should y'all choose to sell, and your ability to expact into other areas may be enhanced.

Remind him that farming is among the only business ventures that allows the individual to take both the standard deductions and deduct their business expenses from their taxable income on a federal level.

More importantly? Remind him that it's somethin' important to you; that you wish to do ...

And, then, if all else fails? Fail to smile that smile of yours, just for a minute or two ~'-)

I'm not sure that this is true. The GAAMPS effectively target "grandfathered" properties as well, requiring them to be up to par with the new laws as well! So i don't believe grandfathering will work in this instance

Your concerns may prove to ultimately be the way things become, but it's far more likely to unfold as similar changes have ... by making exceptions and exemptions in some manner for those that previously operate w/in compliance. But, the first thing farms that fail to meet standards are given is the opportunity to bring their operation into compliance, and I've seen no indication of any effort to change the procedural aspects of this Act.

Worst case scenario? The act you to modify your farm operation, or even to stop entirely (not very probable, but possible). Best case scenario? You're established, and in compliance, and are allowed to enjoy forever the benefits of givin' it your best shot ...

The alternative, for those that wish to wait? Plan to move at least five miles beyond the limits of any municipality, and build any structures to the Code requirements of the County you reside in.

 

[mrcush]

Is there a way I can tag another BYC user in this thread? He was asking these questions and I would love to just let him read through this.

 

[wingless]

Not sure if you can tag someone - but you can certainly PM him the link:

https://www.backyardchickens.com/t/182280/michigan-right-to-farm-law-what-does-it-mean/1000

 

[cowcreekgeek]

Is there a way I can tag another BYC user in this thread? He was asking these questions and I would love to just let him read through this.

In the upper-right corner of each post, there's a link built into it's number ...

​

... as in this screenshot, which shows this link to your post w/in my browser's status bar.

If you 'right-click' w/ your mouse, and 'copy link location' you can then paste that link into your message, or highlight text and use the link button (earth w/ a chain link) from the menu above the text input area, to create a link (setting them to 'target=_blank' makes 'em open in a new window ~'-)

 

[wingless]

Hey, everybody. You might want to sit down for this one.

Last week I decided that since I often quote 'everyone' who says that "Michigan has the strongest Right to Farm Law in the nation", I should really take a look at some of those other laws to determine if that statement actually seems to be true. And what I discovered as soon as I started looking outside of Michigan, is that many states passed RTF amendments at about the same time that look an awful lot like Michigan's 1999 amendment - and in fact that our amendment was not written by our legislators in 1999, but rather (mostly) by the American Legislative Exchange Council - ALEC - in 1996. ALEC is an organization of large corporations that determines what kinds of laws would be beneficial to their corporate interests, writes them, and then persuades state legislators to introduce and pass them. John Engler (who was Governor of Michigan from 1991 - 2003) was involved in ALEC during it's 'formative years'.

ALEC has been in the news recently because they are also the group that wrote and promoted model 'Stand your Ground' laws that passed in Florida and many other states, and led to the slaying of Trayvon Martin.

It will take awhile to unravel this part of the story, but here are a few links for the interested:

http://www.alecexposed.org/wiki/ALEC_Exposed
http://www.alecexposed.org/wiki/Bills_Affecting_our_Water,_Air,_&_Land
http://www.alec.org/about-alec/history/
http://www.nytimes.com/2012/04/18/us/trayvon-martin-death-spurs-group-to-readjust-policy-focus.html

 

[cowcreekgeek]

Hey, everybody. You might want to sit down for this one.

Last week I decided that since I often quote 'everyone' who says that "Michigan has the strongest Right to Farm Law in the nation", I should really take a look at some of those other laws to determine if that statement actually seems to be true. And what I discovered as soon as I started looking outside of Michigan, is that many states passed RTF amendments at about the same time that look an awful lot like Michigan's 1999 amendment - and in fact that our amendment was not written by our legislators in 1999, but rather (mostly) by the American Legislative Exchange Council - ALEC - in 1996. ALEC is an organization of large corporations that determines what kinds of laws would be beneficial to their corporate interests, writes them, and then persuades state legislators to introduce and pass them. John Engler (who was Governor of Michigan from 1991 - 2003) was involved in ALEC during it's 'formative years'.

ALEC has been in the news recently because they are also the group that wrote and promoted model 'Stand your Ground' laws that passed in Florida and many other states, and led to the slaying of Trayvon Martin.

It will take awhile to unravel this part of the story, but here are a few links for the interested:

http://www.alecexposed.org/wiki/ALEC_Exposed
http://www.alecexposed.org/wiki/Bills_Affecting_our_Water,_Air,_&_Land
http://www.alec.org/about-alec/history/
http://www.nytimes.com/2012/04/18/us/trayvon-martin-death-spurs-group-to-readjust-policy-focus.html

Your state's own Representative Don Totten was also ALEC's first National Chairman.

Excellent information ... I left the U.S. Chamber of Commerce in 1990, and have since seen some of our nation's elected officials not even bother to read the very bills they claim to be proponents of -- some even go so far as to simply introduce legislation that's been provided by those that put 'em in office -- I mean, literally typed by somebody that we never voted into office, and can't ever vote out. Our whole nation suffered a great loss, when Senator Robert C. Byrd passed on, as he was one of those very few still resisting w/ any level of consistency/effectiveness those that have hijacked more than our nation -- they merely manipulate us into differing directions, as the continue to control the economics of our entire world.

Yes, you can still cast your vote for whomsoever you wish ... but, for it to have any true impact, it's gonna be for one of the candidates that others have chosen to offer. In 2000, you had a choice between one third-generation Skull and Bones Member (Bush), or another Skull and Bones member (Kerry), when there's only fifteen of 'em tapped by Yale's senior members each year? Better odds of winning that record lottery last week, twice, than to have such a thing occur naturally. Even on the smaller scale, the practice has become the norm: Here, in WV? Good luck finding Judges/Attorneys that haven't directly benefited from their relationships w/ Allstate, despite their being right up there w/ State Farm, in first and second place, for having Actions of Bad Faith brought against them, but by their own customers.

And, just for typing this? They'll most probably have me silenced by pushing me off the financial cliff ~'-)