Michigan Right to Farm Law, what does it mean?

[RTFchickens]

AngelaTC
You should share RAZ's story and my story!
Criminal chicken keeping, and down right harassment from government officials.
I would love to share my story with him, and anyone else who will listen to it. Us small farmers are getting stomped on in a major way.
I wish more people thought like this Mayor!

 

[andrewhill]

Right to farm does not cover backyard chickens. For right to farm to apply gaamps must be followed. The new site selection gaamp requires 1500 feet from livestock to your neighbors. You can say that applys to 50+ animal units only but the same law says facilities with less than 50 go by the standards of 50 animal units. almost no one has a 3000ft by 3000ft back yard and if they do only 1 animal would have to be chained to the dead center.

please tell me I'm wrong but as I read the law that's what it says

 

[wingless]

Hi andrewhill, and welcome to BYC.

The point you raise with the Site Selection GAAMPs is the single most confusing part of the whole Right to Farm issue in Michigan for small farmers, because an essential piece of information is not obvious. And that is that the Site Selection GAAMPs apply ONLY to farm operations with 50 animal units or more. To see this go to page 3 of that document, and note that "Livestock Production Facilities" are defined as having 50 animal units or more. The entire Site Selection GAAMPs document is ABOUT Livestock Production Facilities, defined by MDARD as having 50 animal units or more.

So if you have 50 animal units chickens (5000 chickens), you must comply with the Site Selection GAAMPs for Livestock Production Facilities, to meet RTF criteria. And if you have 5000 chickens or less, the Site Selection GAAMPs do NOT apply to you.

Similarly, you don't have to meet the GAAMPs for cranberry production to keep your chickens - that would be ridiculous! You only have to meet the particular set of GAAMPs that apply to your operation. If you don't have 50 animal units you don't have to meet the Site Selection GAAMPs, and if you don't have cranberries you don't have to meet the Cranberry GAAMPs. It really is that simple.

If you (or anyone) has any doubt about this, please PM me your email address, and I will send you court rulings that speak specifically to this point, and will also send you a letter written last November the the chair of the Site Selection GAAMPs Committee, Dr. Wendy Powers, stating the same thing.

The Site Selection GAAMPs do not apply to farming operations with fewer than 5000 chickens. Just want to repeat that in case there is any doubt about what I am trying to say here.

But also note that I am not a lawyer, and that what I say should never be construed as legal advice.

 

[andrewhill]

keep reading it says to gain site approval for under 50 units the standard for 50 units is used.

 

[wingless]

The current Site Selection GAAMPs are here:

http://www.michigan.gov/documents/mdard/2012_FINAL_SITE_SELECTION_GAAMP_378548_7.pdf

On page 3 it says:

Livestock Production Facilities - Includes all facilities where farm animals as defined in the Right to Farm Act are confined with a capacity of 50 animal units or greater and/or the associated manure storage facilities.


What document are you looking at?

 

[andrewhill]

same document page 13

~VI. SITE REVIEW AND VERIFICATION PROCESS The GAAMPs for Site Selection and Odor Control for New and Expanding Livestock Production Facilities are applicable for producers with new and expanding livestock production facilities with a capacity of 50 animal units or greater (see Table 1), who are seeking nuisance protection under the Right to Farm Act. Producers with facilities that require MDARD verification in categories 1, 2, or 3 should contact the MDARD and begin the site selection review and verification process prior to the construction of new livestock production facilities and expansion of existing livestock production facilities. The references to local unit of government in this section are intended to notify the township and county in which the farm operation is located. Producers with new and expanding livestock production facilities that have a total capacity less than 50 animal units may request siting verification from MDARD. The MDARD site review and verification process will use criteria applicable to a 50 animal unit facility for these requests. To begin the review and verification process, contact the Michigan Department of Agriculture & Rural Development, Right to Farm Program at (877) 632-1783. This toll free number is operational during normal business hours. The following steps outline this process: 1) Application for Siting Verification: A request to begin the site review and verification process can be made by submitting a letter from the responsible party to the MDARD, Right to Farm Program. This letter should outline the proposed new construction or expansion project, any areas of concern, agencies and individuals the producer is already working with, and the proposed timeline. The responsible party must also submit a complete site verification request. A request application and a checklist are available at www.michigan.gov/gaamps. The checklist will assist

 

[wingless]

same document page 13

~VI. SITE REVIEW AND VERIFICATION PROCESS The GAAMPs for Site Selection and Odor Control for New and Expanding Livestock Production Facilities are applicable for producers with new and expanding livestock production facilities with a capacity of 50 animal units or greater (see Table 1), who are seeking nuisance protection under the Right to Farm Act. Producers with facilities that require MDARD verification in categories 1, 2, or 3 should contact the MDARD and begin the site selection review and verification process prior to the construction of new livestock production facilities and expansion of existing livestock production facilities. The references to local unit of government in this section are intended to notify the township and county in which the farm operation is located. Producers with new and expanding livestock production facilities that have a total capacity less than 50 animal units may request siting verification from MDARD. The MDARD site review and verification process will use criteria applicable to a 50 animal unit facility for these requests. To begin the review and verification process, contact the Michigan Department of Agriculture & Rural Development, Right to Farm Program at (877) 632-1783. This toll free number is operational during normal business hours. The following steps outline this process: 1) Application for Siting Verification: A request to begin the site review and verification process can be made by submitting a letter from the responsible party to the MDARD, Right to Farm Program. This letter should outline the proposed new construction or expansion project, any areas of concern, agencies and individuals the producer is already working with, and the proposed timeline. The responsible party must also submit a complete site verification request. A request application and a checklist are available at www.michigan.gov/gaamps. The checklist will assist

Ok, first note that the full title of the GAAMPs, which we usually shorten to "Site Selection GAAMPs", is actually The GAAMPs for Site Selection and Odor Control for New and Expanding Livestock Production Facilities. So this GAAMP applies ONLY to Livestock Production Facilities, which on page 3 are defined as operations with 50 animal units or more. So an equivalent (and more clear) title would be: The GAAMPs for Site Selection and Odor Control for New and Expanding Operations with 50 or More Animal Units. Because you don't have 50 animal units, these GAAMPs do not apply to you, in the exact same way that the Cranberry GAAMPs do not apply to you.

Second, there is a sentence that says: Producers with new and expanding livestock production facilities that have a total capacity less than 50 animal units may request siting verification from MDARD. This means that even though these GAAMPs do not apply to you, that MDARD will go through the site selection verification process for you if you have less than 50 animal units. Maybe this would be useful for folks who think they may eventually grow to 5000 chickens - I don't know. But there is certainly NO requirement for you to go through Site Selection verification with less than 50 animal units.

So if you want Site Approval, the standards for 50 animal units will apply, but there is no requirement for you to have Site Approval. You only have to meet the requirements of the GAAMPs that apply to you, and unless you have 5000 chickens, the Site Selection GAAMPs do not apply.

 

[andrewhill]

Right but you have to follow gaamps to be covered under right to farm so making the argument that gaamps don't apply destroys rtfa protection.

trust me I want to find a loophole where I don't need gaamps to get right to farm but I can't find one. rtfa clearly states that you have to comply with gaamps.

 

[RTFchickens]

Hi andrewhill,
I do meet that 3000ft by 3000ft you mentioned, and still have issues from my local government maybe due to the fact I'm not a CAFO? I don't know... Wingless is extremely knowledgable on RTF issues. Wingless has been a blessing to myself and many others on here! She is absolutely right based on Supreme Court rulings interpreting GAAMPS. I have a letter FROM MDARD admitting through MAEAP that we are following GAAMPS. even though I'm zoned res and I'm not conforming with local government approval. I still get to enjoy RTF protection.
I'm sorry to be bold, but if you strongly disagree with Wingless's advice and knowledge I recommend you hire an attorney specializing in RTF law.

 

[wingless]

By that logic, if you can't meet the criteria of the Cranberry GAAMPs then you also can't have chickens.

You ONLY have to meet the criteria of the GAAMPs that are appropriate to your operation. You only have to meet the criteria of the Site Selection GAAMPs if you have 50 animal units or more, and only have to meet the criteria of the Cranberry GAAMPs if you have cranberries.

And this isn't a loophole. The Site Selection GAAMPs were written for large operations and were not intended for very small ones, so it is appropriate that we are not required to meet those criteria.

And you still have to meet the requirements of other GAAMPs, such as manure management.

Or, if you become MAEAP verified, you are, by MDARD's definition, compliant with the GAAMPs. Several folks on this thread who live in residential areas have done that. Others have gone to court to prove that since the Site Selection GAAMPs do not apply to them, and because they meet other GAAMPS and RTF criteria, that they should be protected by RTF. And they have won.