Michigan Right to Farm Law, what does it mean?

[ijon1]

Quote:
Whats the name of the hatchery?

 

[jefpaul]

Took letter and copies of mrtfa,gaapms and recent court cases over monday.Just waiting for verdict.

 

[shadygrovefarm]

Well, the Oct. 22nd meeting didn't go as we had hoped. We were hoping for a 1 year reprieve which they wouldn't grant. They ended up remanding it back to the planning commission, but first we have to write a letter of intent to decrease our flock and say that we will not add ANY animals to our "farm". Basically, we have to put our own conditional uses on our operation and if they find it acceptable then it might pass. There will be yet another public hearing which will be the 4th one! I still haven't brought up the MRTFA at a meeting, but now it's time! We have been trying to be nice and work WITH the board to come up with a compromised solution, but now they aren't giving us much of a choice. Getting tired of the BS, so I am going to pull out some of our "secret weapons" that I have accumulated through my research and talking to many different reps from the MDA. Have any of you ever heard of http://web5.msue.msu.edu/lu/pamphlets.htm? Check it out. Click on this link. Scroll down just under the alphabet and look at the column on the right called "zoning column". Now, scroll down to "agricultural: right to farm" and click on that. Now scroll down a couple of "rows" to where it says: Who is protected from nuisance suits under the Right to Farm Act (RTFA) and Who is protected from zoning regulation under the Right to Farm Act (RTFA) and click on that. This brings up a simple flow chart that shows who is protected from nuisance suits and the next page shows who is protected from zoning regulations. I have found a lot of great information though hours of research. I have stacks of documents, etc that the township hasn't seen any of yet! I hope they are ready for an education!

 

[Sonoran Silkies]

I guess my question is if you knew you were protected by the act, why didn't you mention it from the first?

 

[shadygrovefarm]

Because it sounded as if it was going to turn out that we were just going to be left alone. This is a small community that we live in and we just wanted to see if we could work it out without bringing up something that could potentially cost both sides a lot of money in legal costs. But, we plan on presenting it to them in a nice way, without arrogance, so as not to "challenge" them. Hopefully they will just accept it and let it rest, as they all realize we aren't doing a bad thing, but the outdated zoning doesn't allow for it and some of them would have "extra work" if there were to be changes to it. All in all, it's ridiculous, but we do live here and want to keep it simple.

 

[jefpaul]

Not a word from the village and tomorrow is the deadline . Guess I'll be getting a fine. So much for my rights, Huh. It's a shame that if your legal under the states eyes,You have to prove it to the village! Going to lose my chickens and get a fine on top of that!!Let ya know what happens.

 

[AskelFarm]

Jefpaul: Maybe they are reading the info you you gave them. They may just see the error of their ways. Keep us posted. Yes, they may TRY and impose a fine, but the law is on your side.


Shadygrove: send them all the info (if you havent done that already). This will cost you NOTHING according to the law. Im sure if it comes to that, you can retain a lawyer just on contingency. According to the law, you would be entitled to costs and fees if/when it would go to court. Again, the law is on your side and the higher courts have already ruled in favor of the farmer. I agree to handle this on the lowest level. But, when that doesnt work "....walk softly and carry a big stick...." You are in the right, and local gov't is wrong. Yup, it sux that you have to prove it to them, but I bet they wont give you (or any other farmer) crap about it once it is settled. Some thing is going to smell like the south end of a north bound pony, and it wont be a farmer!

 

[MQT Peepshow]

Great thread everyone--very informative for us Michiganders out there. However, I have one question posed to me by a friend that I haven't seen addressed:

Has anyone had any experience with a city in MI opposing a backyard coop because of fire code? How does fire code fit in with the RTFA?!?

 

[shadygrovefarm]

The fire code thing sounds like they are just trying to find a way AROUND the MRTFA! I haven't seen anything in the MRTFA about fire codes, but I am sure that some townships will go to great lengths to avoid the right to farm act. If you only have 4-6 hens, you could have a coop that is the same size as a dog house for a large dog. Do they have fire codes for dog houses? Are you in Marquette?

 

[jefpaul]

Well, no word from the village yet. Maybe I'm o.k.