Michigan Right to Farm Law, what does it mean?

[roostercruiser]

I got a real good responce from the House..... check with your county clerk......that is the exactly what they wrote back to me. Nothing more nothing less.

 

[jefpaul]

[quotes) shadygrovefarm
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.

Is'nt this covered by size?

 

[shadygrovefarm]

Jefpaul...I am unclear of what you mean. Did you look at Schindler's Land Use Page and find the flow chart on there? Have you tried calling Kurt or Jeff Neumann? Those guys have a lot of knowledge and can more than likely answer any questions you have pertaining to the MRTFA. Jeff's number is 269/467-5511. Wayne Whitman is the program manager for the MRTFA and he can be reached at 517/335-5849. I would suggest giving them a call with your questions and pick their brains a bit. Very nice guys and willing to talk about this issue. Good luck.

 

[eldenbrady]

MCL 286.473

(1) A farm or farm operation shall not be found to be a public or private nuisance if the farm or farm operation alleged to be a nuisance conforms to generally accepted agricultural and management practices according to policy determined by the Michigan commission of agriculture. Generally accepted agricultural and management practices shall be reviewed annually by the Michigan commission of agriculture and revised as considered necessary.

(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.


Note that there is no and between the two sections. The Michigan Court of Appeals has found that you only have to meet one of these requirements. Either exist before the change in surrounding land use, or follow the GAAMPs. You do not have to do both. The GAAMP for New Site Selection says that "Livestock Production Facilities" (which are animal farms with more than 50 animal units) have to be located in Agricultural zoned areas. I believe that 5000 chickens is 50 animal units. So you can start a new farm with up to 4999 chickens and you are not a "Livestock Production Facility" so you do not have to be in an agriculturally zoned area.

 

[The Roswell Chickenman]

I am the guy in Roswell GA who started this ruckus when the city told me I couldn't have a dozen chickens in my back yard but I read the law and it said that I could. I hired our former Georgia Governor Barnes who is one of the best lawyers in this great nation to represent my chickens and while we may have won the battle, the war isn't over yet. Thanks to the support of my neighbors, members of The North Georgia Pet Chicken Meetup Group, The Atlanta Poultry Meetup Group, Andy (The Chicken Whisperer) we won in court but we are still fighting to keep our chickens as the city writes a new zoning amendment. Luckily some of our new councilmen and woman realize they have laid an egg and are trying to keep from getting scrambled.

Jere Wood, the mayor of our quaint little town who has been a supporter before it was popular has a chicken tractor on the front lawn of his law office on the city square and his chickens have become quite the talk of the town. He has a Buff Orpington pullet named Buffy and an Americana rooster named Houdini.

Here are some links to the battle that has amassed in excess of $17,000 in legal defense fees but the governor accepted a dozen fresh eggs as payment of my legl fees but it has cost the city $80,000. Talk about golden eggs

The fight..

http://www.cbsatlanta.com/video/18966972/index.html
http://www.cbsatlanta.com/video/20466183/index.html
http://www.wsbtv.com/video/18944232/index.html

The Victory!!!

http://www.cbsatlanta.com/video/19601271/index.html

The Battle continues:

http://www.cbsatlanta.com/video/21564550/index.html
http://www.11alive.com/rss/rss_story.aspx?storyid=137318

The chickens show up in front of the council

http://www.cbsatlanta.com/video/21567649/index.html

You can keep up with current information at The North Georgia Pet Chicken Meetup Group site at

http://www.meetup.com/pet-chickens

So far we have successfully lobbied the city council to write the new zoning amendment to allow up to 25 chickens (roosters are allowed) and are fighting now so all of us present owners of fowl will be grand fathered in.
__________________________________
Phoebe Farms, Home to Buff Orpingtons, Lavender Orpingtons, Heritage Rhode Island Reds, Black Copper Marans, Wheaton Marans, Red Jungle Fowl, The Buff Orpingfowl Project, Seramas, Ringneck Pheasants, Partridge (Chukars), Jumbo Brown Coturnix, Button Quail, and now Vietnamese Pot Bellied Pigs.







God Bless America and Little Roosters!

Andrew S. Wordes The Roswell Chickenman
Phoebe Farms
USDA/NPIP Certificate #1097GA
Co Organizer North Georgia Pet Chicken Meetup Group

 

[shadygrovefarm]

Mr. Wordes...I just watched all of the video on your case. Good for you!!! I think it is great that you and so many supporters are standing up for backyard chickens! I am in the same type of "battle" with my township right now, only not to the extreme that yours has gone yet. My family currently houses approx. 100 laying hens and 5 shetland sheep. Due to our zoning, it is not a permitted nor a conditional use. However, we are trying our best to see to it that the zoning gets changed as it is totally outdated and unreasonable. We have 6.5 acres and plenty of room with no complaints and nothing but support from all of our neighbors and other members of our community. We started a farmers market this year and have plans for a community garden and possibly the farm2school program as well. Hopefully you folks win your battle and that it continues to happen in all our of small communities!! Good luck!

 

[Eggcellent]

Quote:
I know that this provision is NOT a problem. All this provision says is that you do not have to follow the GAAMPs if you have a pre-existing farm. If you want to open a new farm you simply have to adhere to the GAAMP rules for your particular livestock and you are covered under MRTFA.

Here is a list of important MRTFA court cases and their outcomes.

http://web5.msue.msu.edu/lu/pamphlet/Blaw/SelectedPlan&ZoneCourt RTFA 1964-2006.pdf The MSUE website even states that the law in it's present form allows farming anywhere including city lots. The only two things you MUST do is follow the GAAMP rules and be operating a "for profit" farm. Which literally means a farm which has sold ANYTHING - even one egg.

We are so fortunate in Michigan to have the strongest RTF law in the USA.

I have done some extensive research on Michigan's Right to Farm Act, so please feel free to ask me any questions.

 

[eldenbrady]

I think it is important to distinguish between the 1999-2000 MRTF amendment and the 50 animal unit requirement.

The 1999-2000 amendment says that conflicting local ordinances are unenforceable, period. The only exception is that local governments can with approval of the commission of agriculture pass an ordinance that is not trumped MCL 286.474(7) (to my knowledge no local government has done this). So long as a farm (as defined by the act) either existed before the local ordinance OR the farm is following the GAAMPs it is protected.

The site selection GAAMP for site selection on livestock production facilities (defined as 50 animal units or more - 100 chickens equals 1 animal unit) require that they be placed in an area zoned agricultural. So, you cannot start a new farm of 50 animal units unless the area is zoned agricultural. This is not because the local ordinance applies, the farm is still exempt from local ordinances, this is because a new farm over 50 animal units in a non-ag zoned area would not be following the site selection GAAMP.

 

[shadygrovefarm]

Quote:
So, from what you have said here as well as in your previous post, it is your opinion that even though I am zoned "lake residential" (I only have just under 100 laying hens and 5 sheep on 6.5 acres) our township can't legally force us to stop what we are doing as we would be protected by the MRTFA? We have already been to 3 hearings and a 4th to come in Jan. 2010. I haven't used the MRTFA as of yet. Sort of saving that as my ace in the hole if I have to use it. I am just trying to come up with a compromised resolve so to speak as we are quite involved with our community volunteering and such, i.e. farmers market, beautification, parks, etc. Just curious what you think as an attorney. We practice all natural and organic everything, compost our manure and run a very clean operation. We have had absolutely no complaints from any neighbors. As a matter of fact, they have all been to all of the hearings/meetings thus far. Even the township attorney suggested to the township board at the last meeting to have me write a letter putting my own conditional uses on our operation and present that to the zoning commission for the next hearing and see if we can get it "passed". Just curious to know what you think? Thanks for your time!

 

[Wifezilla]

The town spent $80,000 to keep ONE GUY from having a couple of chickens?!?!?! Sounds like some place needs to "fire" their public officials.