Michigan Right to Farm Law, what does it mean?

[mom-of-3-hens]

Sandy, I was right with you when this first started I told my husband that if I cant have chickens then no one could and i was going to tell on everyone, then I calmed down and felt bad for even thinking that!! I know how I feel about having to get rid of mine and it is not their fault that I happen to live by a mean old lady! I would like to thank you for sharing your soap box with me, it feels good to know that I am not alone in this and please, rant away anytime

Tracy

 

[joesandy1822]

Sandy, I was right with you when this first started I told my husband that if I cant have chickens then no one could and i was going to tell on everyone, then I calmed down and felt bad for even thinking that!! I know how I feel about having to get rid of mine and it is not their fault that I happen to live by a mean old lady! I would like to thank you for sharing your soap box with me, it feels good to know that I am not alone in this and please, rant away anytime

Tracy

Hi Tracy,

Ya, I know. I would never actually do that. It's just that sometimes, boo-hoo, life just isn't fair. The thought only crosses my mind when I go on my pretty much annual tangent of desperately wanting chickens AGAIN, reading here about all the grief people are going through to have or keep them, knowing I don't have the money for all that, and then just giving up again. This has happened over and over again to me for about 10 years when I first contacted the Township about having chickens. My husband would never agree to go through all that hassle and money just for chickens, and my marriage has to be a priority (I guess). Just kidding! But seriously, I'm so sorry for your grief. I wish people could just relax a little and realize life is short. After my rage wears off, I actually feel sorry for crabby people like that. They have to live with themselves every day. Ick!

Good luck to ya!

Sandy

 

[joesandy1822]

I am planning on attending if I can reschedule an appointment. I also have classes, so if I can juggle things around a bit, I will be there. Is there anything I could bring to help? You will obviously be prepared with all the RTF and GAAMPS stuff. Other than just the physical presence of others who want chickens, what would be helpful?

Sandy

 

[joesandy1822]

HandsoffMyHens, I meant that last reply regarding the Shelby Twp. meeting to go to you, but the quote didn't work for some reason. Sorry.

 

[eldenbrady]

If you are in a municipality like Shelby Charter Twp that has a history of harassing farmers and loosing it might be time to look at whether it is bad enough to consider a class action or group lawsuit for harassment.

We have $600 already spent in filing fees, lost income from several days off of work, and my time which if I was hiring another lawyer to do would have cost us around $10,000 and we have not actually had a hearing yet on our business license (technically we had one before the ZBA but they refused to hear our appeal claiming they only do variances). We have also had to invest several thousand dollars in other changes to our home that they never would have had an issue with if they had not decided to come after us because of our farm and nitpick everything they could find. So ya, you have to be able to afford it unfortunately.

 

[wingless]

There is help for us all! There is something called Farm To Consumer Legal Defense Fund. I joined their membership for I think $150. Let me tell you guys, they have been great!!! With the membership comes free legal advice. My township does NOT allow chickens, and I too received multiple violations and after telling township I was using RTF they still said I didn't fit the criteria...
With this FTCLD attorney, they are now admitting I DO have RTF protection. Township is backing down!!! Please look into these people. I'm not advertising for them in any way, and get no kind of kick back if you use them. I found out about it right here on BYC. If it were not for this FTCLDF I would not still have my chickens!
Feel free to PM me if you need more info.

I agree. The Farm to Consumer Legal Defense Fund is outstanding and effective - Randy Buchler, who won an RTF case in Forsyth Township in late 2012 was represented by them. I have also had many dealings with them and find them to be as passionate about these issues as we are. They are in this because they care about agricultural freedom in the same way that we do - but unlike most of us, they also happen to be talented lawyers.

So if you have the $125 to join the FTCLDF, it is a great investment, and supports the work of a great organization.

If you don't have that much to invest right now, you should know that the Michigan Small Farm Council (MSFC) has paid to become an affiliate of the FTCLDF, so that all of OUR members have free access to FTCLDF lawyers. It isn't at the same level as folks who become full members, and you have to work through the president of the MSFC (me) to ask your questions of the FTCLDF. On the other hand, joining the MSFC is free, and will continue to be at least through the end of the year.

So yes, you heard that right; you can join the MSFC for free, and then work with me to get some level of legal advice from the FTCLDF, so long as your question is consistent with the mission of our organization to protect and extend the rights of urban, suburban, and rural small-scale farming operations throughout Michigan. At that point you can decide whether you want to go forward with your own individual membership with them, or to continue with your affiliate membership through the MSFC. Joining the MSFC is really easy, and can be done here: http://www.michigansmallfarmcouncil.org/join-us.html

Finally, note that we would like to keep MSFC membership free for as long as we can, but we can't run it indefinitely without additional financial support. If you can afford to donate, you'll find a donate button on the MSFC home page.

 

[discountsigns09]

I just recently found you guys and I am in need of some help / guidance. I live in Fort Gratiot Township, MI. Saint Clair County. I have 11 hens and have had them for about a year and own one acre. We just got a nice little letter from the township stating that we have 10 days to get rid of our chickens. According to Code of Ordinances Chapter 38 Sec 38-172 Permitted uses in residential areas such as ours states that basically we can farm as long as we have 5 acres which we do not. I have read over the MI Right to farm Act and my understanding is that it protects us as long as we follow the GAAMP which states for site selection that: If zoned residential new livestock production facilities shall not be constructed within 1,500 feet of areas zoned for residential use where agriculture uses are excluded.

I feel like I am chasing my tail on this one and am begining to loose hope that I will get to keep them.Is there any way around this or a way to fight this or am I in the wrong and need to get rid of my girls. Any help would be greatly appreciated as I am in a bit of a time crunch.

 

[wingless]

I recommend that you join the Michigan Small Farm Council (MSFC) at michigansmallfarmcouncil.org.

Once you are a member send an email to [email protected], describing your situation and asking what your legal rights are. Once that happens the MSFC will contact the Farm to Consumer Legal Defense Fund (FTCLDF) on your behalf to get an answer to your question.

The FTCLDF has lawyers who have successfully fought and won RTF cases in Michigan, and are well aware of the nuances of the law and of previous court cases. The MSFC is composed largely from folks on this thread, who obviously also care very much about these issues; providing access to the legal team at FTCLDF is one of the ways that we've come up with to get help to folks as quickly and easily as possible. We are all really hoping that this works, so I hope you'll join us so we can get started.

 

[discountsigns09]

Thank you for the info. I will give it a shot and see what they have to say.

 

[wingless]

And again, feel free to make yourself heard at the boardmeeting November 7 @ 630 pm when they open the floor to public commentary regarding the chickens at 11111 25 mile road.

Are you looking for support from others from Shelby Township, or support from all of us?

I assume that only residents of Shelby Township could speak during the public commentary, but others could help fill the room to make the point?