Michigan Right to Farm Law, what does it mean?

[eldenbrady]

shadygrovefarm: I will try to explain what I can with my limited knowledge of you local ordinance without being to redundant.

The Michigan right to farm act protects you from local ordinances as long as you meet two requirements. 1. You follow the GAAMPS. and 2. You meet the definition of ‘farm.’

The only requirement for zonings in the GAAMPs is if you have more than 50 animal units. 100 hens and 5 sheep is 1.5 animal units (http://www.michigan.gov/documents/mda/2010SITESELECTION-Draft_287011_7.pdf table 1)

“‘Farm’ means the land, plants, animals, buildings, structures, including ponds used for agricultural or aquacultural activities, machinery, equipment, and other appurtenances used in the commercial production of farm products.” MCL 286.472(a) Shelby v. Papesh is the best case on what commercial production means (http://mi.findacase.com/research/wfrmDocViewer.aspx/xq/fac./MI/2005/20050623_0001546.MI.htm/qx) without more detail I cannot analyze if you meet the requirement but I am guessing you could not use all the eggs from 100 hens by yourself if you wanted to. Note: this is the case that said there is no minimum level of sales required (IE you only need to sell one egg).

By all means if you can get through it without fighting do it. Two huge benefits. First you keep the neighbors happy, not always possible but always worth trying. It is great to hear that you have such strong support from you neighbors and a listening township attorney. Second you may make it possible for others to have animals that are not commercial. As great as Michigan right to farm is, it does nothing to help those growing for their own personal use only. We all need to advocate for our local governments to allow the keeping of animals for personal use (so long as reasonable sanitary standards are followed).

One thing to be careful of: if you lose at the city level and have to appeal to the court, you may or may not be allowed to bring up arguments that you didn’t mention in the city hearings (again I don’t know your local ordinance). Sometimes you can do something as simple as mentioning that you also believe that MRTF protects you but you would like to address the issue through trying to change the local ordinance first. Obviously there are a lot of tactical decisions you have to make about how much you are willing to give up in order to keep local support.

I hope this answers your question.

 

[shadygrovefarm]

Quote:
Mr. EldenBrady. Thank you for your response. I have done extensive research on this issue also, but I am not an attorney. I understand what you have passed along here. As far as GAAMP's, the one thing that is unclear to me is how to prove we follow them. We have a manure manangement plan as well as an odor control plan, but we don't have them on paper. We clean coops often and compost all of our manure which we in turn use in the gardens/greenhouse as well as give away to others who use it in their gardens. We definitely meet the definitions of a farm, we have a farm product and are commercial in nature. I sell eggs to the food co-op as well as at the local farmers market we started this year. I have a paper trail (all of my invoices) to prove it. We are also "Shady Grove Farm U.P., LLC" which proves we are a business. I already have a letter drafted to the township explaining all of this to them with references to the MRTFA (copy included), Shelby vs. Papesh (copy included) and have included the definitions of "farm operation", "farm", "farm product" and the fact that we are commercial. I am waiting to see what happens at our 4th hearing in January in hopes that I won't have to present that to them. I am working with the township at this time and have offered to sit on a committee to help re-write the township ordinances/zoning to make backyard chickens an acceptable practice here, as what is already in place is unreasonable and outdated. i.e. - 36 square feet per chicken... ! It is certainly frustrating when we run an "organic" operation and are being challenged, especially when we have to smell plastic/garbage burning in our neighbors burning barrel! Hopefully we have been "chosen" to help make a change for the positive! Thanks again. (side note: our township atty's daughter is largely involved w/ urban agriculture in the city of Detroit!)

 

[ijon1]

Can someone tell me where the hatchery is in Brighton Miciigan?

 

[eldenbrady]

MCL 286.474 suggest that the Michigan Department of Ag should inspect to see if a farm is following GAAMPs when there is a complaint, but given how short their budget is right now I have heard that getting them to inspect small operations is almost impossible. Otherwise it is just like proving compliance with any other law, you have to show what you are doing and explain how it follows the law.

I wish we had as open a local government attorney as you do. Our city attorney has stated that MRTF does not apply in cities (I don't know if he hasn't read the law or has chosen to lie about it). Another thing to look at is whether or not the GAAMPs are a good resource to show the local government as to what kind of space is required for animals and how manure should be handled. Some local governments will want to be more restrictive but it might be a good starting point for some situations.

 

[jefpaul]

Well village attorney still saying, no chickens allowed in residental area. After sending all cases that pretain and copy of MRTFA, He saying that they do not apply in my case. HARDHEAD!!

 

[michickenwrangler]

Have you tried showing any literature or info on urban chickens?

 

[jefpaul]

The attorney is ignoring case law and the mrtfa.Don't think anything would change his mind.This was the second go around with same results.He saying no ag in residential areas.
1.) Michigan Right to Farm Act (Act 93 of 1981)
2.) Michigan Department of Agriculture's Generally Accepted Agriculture and Management Practices for the Care of Farm Animals
3.) Michigan Department of Agriculture's Generally Accepted Agriculture and Management Practices for Manure Management and Utilization
4.) Charter Township of Shelby v. Vikki and Martin Papesh 6-23-2005 (Macomb Circuit Court JR., LC No. 04-003149-CZ) "Published"
5.) Woodland Hills Homeowners Association of Thetford Township v. Thetford Township and Roger Allison 5-20-2008(Genesee Circuit Court LC No. 05-081537-NZ) "Unpublished"
6.) Papadelis v. City of Troy 9-19-2006 (Oakland Circuit Corut LC No. 2005-067029-CZ) "Unpublished
7.)TOWNSHI OF JEROME vs melchi
8.)many documents from the university of michigan

Attorney states that unpublished opinion is not precedentially binding under the rule of stare decisis. Therefore,the papadelis opinion is not binding on any court. No court is required to follow it.

 

[Sonoran Silkies]

Seems to me that if the town is refusing to accept state law and legally binging precedents that involving the state attorney general might be an option.

 

[AskelFarm]

I was sitting here reading and thinking.......I guess the 'friendly farmer' approach just doesnt work in all cases. Some rock head local politicians seem to think that all the power and glory they were granted by the voters is absolute. They are above and beyond the law. I guess I am just a stick in the mud at times, maybe just older and not up to the fight. My solution would be just do it! Let them figure out how/why to try and shut you down. The law is clearly on your side. You are in compliance with the law, they are not. If this was a case of any other subject, most would do what is right and forget about the local 'kings'. Farmers try and do the right thing. Try to point out they are in the right, educate the locals, when in fact the local authorities are the ones in violation. It makes sense, good neighbors and all. Then it comes down to being bullied by the local tin hats who dont like the law, and there for claim it doesnt apply.

Do the right thing.....farm! It is your right! You are doing something that is legally yours to to. If and when the powers that be descend upon you like U.P. mosquitoes, tell them their nonsense "does not apply to your farm"! If they continue, threaten to major law suit! It seems this is the only thing that gets some peoples attention. Call the local media and invite them out and explain the law. Give them copies of everything and let them run with it! Become a celebrity for the cause!

You are a farmer! You are doing something that is your god given right to do, and for once the law is yours!

 

[eldenbrady]

While technically true that they are not required to follow unpublished opinion, the fact stands that Papadelis was rightly decided under established statutory construction rules. Therefor, it is highly likely to be followed anyway. In other words, non-binding does not mean wrong it just means more likely to go to Court of Appeals to win. There are also other cases that support the same proposition that local zoning is void, they just don't say it in quite as blatant a language. Also remember if they take you to court and you win you can (usually) get them to pay your attorney fees which helps a bit if you have to re litigate issues. MCL 286.473b