Michigan Right to Farm Law, what does it mean?

[eternityepi3]

Hello all! This is my first time posting, but I have read through most all of the 115 pages of comments so far!

I just wanted to say that tonight I am having a "discussion" with the Lincoln Township attorney and board (in Midland, MI) at the Planning Commission meeting regarding changing the zoning ordinances to comply with the RTF Act. We currently have the typical "no farm animal on less than 5 acres" ordinance and we would like to raise chickens. A year ago the City of Midland heard a similar request, but decided the RTFA doesn't apply. We are hoping that by going this route (approaching the local gov't first) we can slowly bring change to our county without a court case. If we are told "no" tonight, we are prepared to be a test case in the courts. Wish us luck!

 

[wingless]

Good Luck!

 

[eternityepi3]

Alright, well got back from the board meeting. They granted us permission to have chickens, but at this point they are unwilling to change the text of the zoning ordinances. They said they would research the issue and make a decision in 2 months. I am extremely grateful for their decision regarding our personal case, but am pressing for a change in the text. They had an attorney give his opinion and the attorney said that the RTF act does apply and that the township cannot stop us (or anyone else) from having chickens, but that there "isn't a need" to change the text of the ordinance. However, the board did say that if people come to them, they are willing to grant permission (don't understand why they just won't change the text). At least they are taking steps- I just want to see them take bigger steps!

 

[wingless]

Congratulations - sounds like you had a really good outcome in Lincoln Township tonight.

I may not be exactly right about this, but the way I think about the relationship between RTF and ordinances is that RTF is for the small subset of people who have commercial farming operations and follow the GAAMPs, while ordinances apply to folks who don't meet those criteria. So according to that view, the township is not obliged to change their ordinance, because it actually does apply to most people. The difficulty, usually, is in getting them to understand that for the small subset of folks who have commercial operations and follow the GAAMPS the ordinance does not apply, because those folks are instead protected by RTF.

So I am personally comfortable with ordinances that don't acknowledge RTF, so long as the governing body recognizes that RTF does apply, instead of local regulations, for commercial operations. But that is just my opinion.

Thanks for posting, and for letting us know that RTF is working in Lincoln Township.

 

[CaraBear]

Here's hoping some of that thought is in the Lincoln Township Planning commission meeting minutes that I share with the City of Midland, too!

 

[Orionet]

EldenBrady are you still in Albion? They are currently working on ordinances to allow them in the city limits and I was wondering if you are still around?

Thanks,
Eric

 

[PaulaBlanch]

Oh my goodness! Do you live in the city limits/zoned residential? If so, can you please tell me what you did to get permission? I only want to keep a few hens during the summer and then take them back to my friends farm each winter.
Thanks,
Paula

 

[CaraBear]

Paula,

Somewhere on here is the letter I sent to the City of Midland about this time last year....feel free to copy, tweak, and resend...I'll be doing that soon...with updates with regards to the newest court decision, as well as the Lincoln Township information.

 

[eternityepi3]

CaraBear- yes, it should be in the Planning Commission's meeting minutes. I have the letter from the attorney. I'll private message you- maybe we can meet somewhere and chat!!

 

[AngelaTC]

Just in case you haven't seen this Williamstown Township case: http://www.wilx.com/news/headlines/Family-Fights-To-Keep-Farm-Animals-199643751.html

Edited to add her Facebook page: https://www.facebook.com/sweetpeasfarmandrabbitry