Michigan Right to Farm Law, what does it mean?

[jefpaul]

Village attorney says mrtfa does not apply for me, case of township JEROME vs. melchi 184 MICH APP 288( 1990) , was not zoned agricultural when I started with chickens.ATTORNEY STANDS ON NOT BEING ZONED AGRICULTRAL. Will try to scan letter and paste asap.only have 10 days.

 

[Sonoran Silkies]

Ask for a copy of or a link to the case. As I read the state statute and the superior court rulings, the statute specifically overrides all local zoning ordinances, regardless of when they went into effect.

 

[jefpaul]

????anyone..??.... attorney states since it was zoned R1 when I started, I'M not protected under michigans right to farm act....????

 

[AskelFarm]

MRTFA States the following:


(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.

 

[vicki2x2]

Sounds like they are blowing smoke up your ............... ummm skirt

 

[shadygrovefarm]

Jefpaul...have you checked out Kurt Schindler's Land Use Page? Here is a link...browse around this website, even give a call and talk to him or try to get ahold of Brad Neumann... http://web5.msue.msu.edu/lu/pamphlet/Blaw/RightToFarmAct PreemptionTable.pdf. This is pretty straight forward as is much of the other information that is given throughout this entire thread. Present more info to them in a kind manner. The more info you obtain and give to them should buy you some more time as well. Have you spoken with any attorney's? Hope it all works out for you.

 

[roostercruiser]

This is your problem.

(2) A farm or farm operation shall not be found to be a public or private nuisance if the farm or farm operation existed before a change in the land use or occupancy of land within 1 mile of the boundaries of the farm land, and if before that change in land use or occupancy of land, the farm or farm operation would not have been a nuisance.

You would have to have already been a farm. Indiana laws reads pretty close to Michigan law. That is copied directly from the Michigan website. If you didn't already have a farm then you can't just start one up. The right to farm act was put into place to keep existing farms from being sued over oders and noise not so people can start a farm where ever they like.

 

[jefpaul]

If you pratice gaamp you can,if what i'm reading is right.,,,,

 

[shadygrovefarm]

There is a difference between the nuisance complaints and the zoning issues. Yes, the MRTFA was put in place to protect existing farms from urban sprawl and nuisance lawsuits. However, the 1999-2000 amendment was added to include farms smaller than 50 animal units. Livestock production facilities, from what I have read and understand, are farms that have a minimum of 50 animal units (5000 chickens as there are 100 chickens/1 animal unit) and are strictly regulated and can't just be started anywhere. Jefpaul, maybe you should try to talk to your township boards/zoning people about catching up to the times and try to change the zoning to allow for backyard chickens. Research other townships that allow it, read their ordinances and try to help change it. It's almost 2010 and the state of our country's economy almost makes it necessary for some of us to be as self sufficient as possible! The zoning books can be changed!!!

 

[roostercruiser]

I am not from Michigan but I did send a letter to both the house and senate about this issue and what asked for clarification of the law. My brother lives in Michigan and his township does not allow farm animals inside city limits.

I am from Indiana and the law here is more spelled out about the law. Farming would have to have been done for 1 yr and it could not have been a problem when it was started. So, if you start a farm where you shouldn't have and just because someone didn't complain for a year doesn't mean you are clear of anything. You must first be somewhere you can do what you are doing. Then after 1 year you can change the size or whatever you want without complaint.