Michigan Right to Farm Law, what does it mean?

[RaZ]

Fight, fight, fight.

Just be prepared for the nonsense that you will face because you are standing up for your rights. I was in court today for moral support for another guy who is also facing charges for having chickens. His case was adjourned until a week after my motion hearing in January.

Even though I just sat there, the OO was shooting me dirty looks the whole time the other guy was in front of the judge. It seems that my mere presence bothers the OO.

 

[wingless]

I am not a lawyer and this is not legal advice, but I have personally and for my own use interpreted MIchigan's Right to Farm Act as covering my commercial farming operation in Ann Arbor on a residential lot, because I have sold eggs, have bred and intend to sell chicks, and because I follow the GAAMPS.

Many people on this thread have chosen to assert their RTF rights to their city or township officials, and some have succeeded, some failed. I and a few others have instead taken the argument to the state level, by attending Agriculture Commission meetings and advocating that RTF protection not be weakened for those in Michigan who do not live in rural areas. This month the Ag Commission agreed, and turned back recommendations from MDARD that would have severely limited RTF protection to urban, residential, and small farmers across the state. This vote is certainly not the end of the story, but it does mean that the Ag Commission and MDARD are currently aware and attentive to the RTF rights of urban, residential, and small farmers.

Just as every citizen in Michigan is free to contact local officials, every citizen is also free to contact state-level officials - the Ag Commission and/or MDARD - to inform them of difficulties in receiving acknowledgement of their RTF-protected rights from their local units of government. In past years the MDA (as it was called back then) responded to such inquiries by arguing that RTF does indeed cover everyone with a commercial farming operation who follows the GAAMPS - and in some cases this was enough to convince cities and townships to reverse their position.


MDARD can be reached here: http://www.michigan.gov/mdard/0,4610,7-125-2762---C,00.html

The Ag Commission here: [email protected]

 

[cowcreekgeek]

Now its my turn.
Just got my violation of ordinance 80, friday 12/14/12
Seems i have until the 20th to get rid of my chickens.

Did my homework. Copied the MRTFA, GAAMPS, many courts cases, etc plus a letter and delivered it to the zoning offices in reply to the violation.
i knew it would be coming.

here are the animal ordinances in davison michigan.

http://www.davisontwp-mi.org/departments/ordinances/docs/Misc_livestock.pdf

I cant believe you have to have 40 acres to have one chicken? but only 2 per horse?

I have 5.5 acres with a total of 28 vacant acres around me. My neighbors , the two closest to me are my customers for my eggs. There are horses all around me. Plus crop fields.

What else do I do, or can i do to be prepared for whatever comes next?

I'm not an attorney or a veterinarian, therefore, nothing I ever type should be misconstrued as legal or medical advice.

Most often? It's the sound of a rooster that stirs some folks, and municipalities, up ... and, either way, you're most probably w/in your legal right. However, there's two approaches to consider: You can either take a legal stand, and fight your way through the Court, so as to prove 'em utterly wrong. Or, you can find a way to appease their concerns, in the hopes of finding yourself in a "live 'n let live" position w/ Davison Township's Board of Appeals.

Article V (17) sets the restriction to 10 acres minimum for sixteen "chickens, geese or similar sized fowl" and continues w/ specific details as to setbacks 'n such.

But, Section 1727 (5) prohibits your chickens in the RA Zoning District if "the same bacame obnoxious by reason of odor, noise, or other nuisance," claiming, "The determination of the Board of Appeals shall ... be conclusive ... under the terms of this Ordinance ... and consistent with the provisions of state PA 93, 1981, as amended," which is a direct reference to the Michigan Right to Farm Act that their Ordinance fails to respect, most esp. to consider the opinions of the Court of Appeals.

The 'keeper of the minutes" is Cindy, w/ whom you may speak by calling 810-653-4156, ext. 401, so as to see the record of their most recent meetings.

After review, so as to best know their concerns, I would suggest a private meeting w/ Richard Hamilton, Attorney, so as to hopefully have this matter more quietly and most conveniently dismissed ... personally, I always hope to be the best neighbor my own will allow me to be, and don't enjoy filing complaints against our government (despite the fact they barely reflect their history of being of/by/for the people ~'-)

 

[Mahalo]

I think you should try and contact Ron Estrada, "justed hatched" on this forum. He is from Oxford, which I think is close to Davison. He might give you some advice.

 

[LKirts]

Thank you everyone for the advice and contacts. I will be seeking these out and see what my chances will be. I've yet to hear anything from the township. Might be because of the holiday, or because they are short handed. But no news is good news .. (keeping fingers crossed here)


I know it was probably my rooster that gave us away, i should have got rid of him as soon as I realized he was a rooster... but my daughter and I both fell in love with him. But, he has to go now. she of course is not happy by far. (shes 12) But its either the roo or the whole flock..

I did in my letter to the township, state that i would be agreeable to give up my rooster if that was the case to show my good faith as a davison citizen. And that my intent was not to be an annoyance to the township but only to sustain myself and my family with the income from my business by utilizing my property as was my right to do. Since i am unemployed, disabled from GM, and not yet bringing in any type of disability monies, this business IS 100% income for me.
i am hoping that will have some pull for me since when i had called the township before i got my birds, she told me that the only way I could keep them legally was if it was 100% income... and .. it is... But i dont know if they take into account my husband when they mean 100%. My business is in my name only. not my husbands.

I haven't had much sleep since friday.. worried about the outcome. But whatever happens, happens.. Im trying eveything I know how to do... wishing my father was still alive.. he was a judge here is davison back in the 70's and 80's. I would love to have his contacts right about now! =)

Ive been thinking of another way to fight... what is the difference , or how would you go about figuring how to calculate the difference between the animal unit of one horse on 2 acres compared to the unit of 40 chickens to 5.5 acres, or the comparable of 2 acres? im just curious on how they figure by the unit of how many animals you can have per acreage.. I found a scale of AU's and did some figuring from those calculations of chickens compared to horses.... (horses because they are all around me) how do i compare one to the other accounting the difference in acreage also?
I really suck at math



D. Horse

1.0​

F. Chickens
1. Laying hen or broiler (liquid manure system)

0.033

​

2. Chicken over 5 pounds (dry manure system)

0.005

​

3. Chicken under 5 pounds (dry manure system)

0.003​

this is the scale im using:

http://www.mda.state.mn.us/animals/feedlots/feedlot-dmt/feedlot-dmt-animal-units.aspx


am i thinking correctly to figure this out or am i barking up the wrong path?

 

[cowcreekgeek]

Thank you everyone for the advice and contacts. I will be seeking these out and see what my chances will be. I've yet to hear anything from the township. Might be because of the holiday, or because they are short handed. But no news is good news .. (keeping fingers crossed here)

I know it was probably my rooster that gave us away, i should have got rid of him as soon as I realized he was a rooster... but my daughter and I both fell in love with him. But, he has to go now. she of course is not happy by far. (shes 12) But its either the roo or the whole flock..

I did in my letter to the township, state that i would be agreeable to give up my rooster if that was the case to show my good faith as a davison citizen. And that my intent was not to be an annoyance to the township but only to sustain myself and my family with the income from my business by utilizing my property as was my right to do. Since i am unemployed, disabled from GM, and not yet bringing in any type of disability monies, this business IS 100% income for me.
i am hoping that will have some pull for me since when i had called the township before i got my birds, she told me that the only way I could keep them legally was if it was 100% income... and .. it is... But i dont know if they take into account my husband when they mean 100%. My business is in my name only. not my husbands.

I haven't had much sleep since friday.. worried about the outcome. But whatever happens, happens.. Im trying eveything I know how to do... wishing my father was still alive.. he was a judge here is davison back in the 70's and 80's. I would love to have his contacts right about now! =)

Ive been thinking of another way to fight... what is the difference , or how would you go about figuring how to calculate the difference between the animal unit of one horse on 2 acres compared to the unit of 40 chickens to 5.5 acres, or the comparable of 2 acres? im just curious on how they figure by the unit of how many animals you can have per acreage.. I found a scale of AU's and did some figuring from those calculations of chickens compared to horses.... (horses because they are all around me) how do i compare one to the other accounting the difference in acreage also?
I really suck at math

*** table snipped ***

am i thinking correctly to figure this out or am i barking up the wrong path?

Gonna run down a few points here, whether others do/don't agree/understand ... so long as *you* do.

Let me say that I'm sorry for your personal/economic hardships, as I know how both feels; at times, it can be the entire weight of the world. However, these difficulties do *not* define the person that you are, or take away from who you've been:

SoOo ... don't let anybody else (esp. yourself) do it, either.

I, too, miss my dad. But, when I'm feeling esp. sorry that he's gone, despite knowing that he no longer suffers, I don't have to go to the last rows he plowed on this land his ashes are scattered on ... I just look at the lines in the palm of my hand. Or, the eyes of the next generation. They're still here, through us. I know what mine would tell me, 'cause he instilled w/in me the very things I'd relied upon him most for. And, I bet yours did, too.

Don't get rid of your rooster, just yet. And, don't choose to wait. Or, to worry ... neither works to your benefit, or serves to change the outcome one bit. You and your chickens acted in good faith, and the laws of the State of Michigan are on your side.

Rather than attempting to justify your commercial farming operation, contact your local extension service ... not to discuss, in any manner, what's goin' on w/ your township, but so that they may advise you as to 'best practices' and GAAMPs. And, that'd be the third thing I do in the morning.
First thing? Clear your mind of all troubles, so that you can receive the best enjoyment of your morning coffee, and attending to your flock.
The second? Put a lock on the door, and upon any gate, so that nobody can gain entry w/o permission, or a Warrant.

 

[wingless]

Ive been thinking of another way to fight... what is the difference , or how would you go about figuring how to calculate the difference between the animal unit of one horse on 2 acres compared to the unit of 40 chickens to 5.5 acres, or the comparable of 2 acres? im just curious on how they figure by the unit of how many animals you can have per acreage.. I found a scale of AU's and did some figuring from those calculations of chickens compared to horses.... (horses because they are all around me) how do i compare one to the other accounting the difference in acreage also?
I really suck at math



D. Horse

1.0​

F. Chickens
1. Laying hen or broiler (liquid manure system)

0.033

​

2. Chicken over 5 pounds (dry manure system)

0.005

​

3. Chicken under 5 pounds (dry manure system)

0.003​

this is the scale im using:

http://www.mda.state.mn.us/animals/feedlots/feedlot-dmt/feedlot-dmt-animal-units.aspx


am i thinking correctly to figure this out or am i barking up the wrong path?

Well, that is the table for Minnesota, but I get that 1 horse is equivalent to 200 chickens. So if 1 horse is allowed by ordinance on 2 acres, then on the same acreage you should be allowed 200 chickens - if that is the way the animal units tables are supposed to be used. I honestly don't know. If you have 5 acres, by this logic you should be allowed 2.5 horses, or 500 chickens.

For Michigan, the Site Selection GAAMPS has the same kind of table of comparable animal units. There it says that 25 horses are equivalent to 5,000 laying hens or broilers, which comes out to the same ratio as Minnesota - 1 horse is equivalent to 200 chickens.

 

[LKirts]

OMG OMG OMG!!!!!! I cannot believe my luck!!!!!! mr Leo milbrot of the township of davison is such a nice man!!!!!!!!!!!!!!

He just came to my front door... we talked.... he said if I just get rid of the rooster he doesnt mind my chickens at all!!!!
Its just the rooster that is causing problems..
( complaints were coming from the neighborhood behind me. I figured thats where it was coming from ... we had a few trees taken out of our property back there this summer so we can open up dry up that some of that area so we can use it.... and the people back there did not like it at all. Most people didnt like it because they were dumping their garbage and lawn clippings and such on my property and i stopped it. A couple of them back there have their back yard over my property line by 6-8 feet... they are not happy ... so they complained. some people....).



He said just to call him when the roo is gone so that if he gets anymore calls he can just tell those people that they are gone...

God bless that man!

I am soooooo happy happy happy!!!!

Anyone want an Easter Egger Roo? =)

thank you everyone for all the wonderful advice! All the ears and the tender hearts out there... I am so glad i found this forum and all of you...
I have learned so much, and it paid off.

I love you guys!!!!!

 

[wingless]

That is outstanding. Congratulations.

 

[LKirts]

i couldnt have done this without you all. I would have just given up and thought i was out of my league with the township, i would never have had the information i have found here to write my letter with all the paperwork... i would have given in.
... You all reminded me of the lesson we learned as kids... knowledge is power...
and it helps that Mr Milbrot understands farmers.... he knows there are chickens all around here (illegally) but with no rooster.. no complaints... everyone lives in peace.