Michigan Right to Farm Law, what does it mean?

[eldenbrady]

But you can now only run a CSA farm (or anything that meets the definition of a farm market) in an area zoned for Agricultural use, which means that all of us operating in residential zoned areas are now screwed.

 

[shadygrovefarm]

Quote:
What if, for example, the township I live in "sponsors" a farmers market seasonally, in the summer, at a local park that is not zoned agricultural? Does this new "farmers market" GAAMP apply only to farmers and their place of business? i.e. - selling directly from the farm.

 

[eldenbrady]

The GAAMPs are not strictly mandatory, meaning that there is no requirement that you follow them. You only need to follow them if you are looking to MRTF to protect you from neighbors threatening to sue you or a local government trying to shut you down.

If the local government is supporting you and the neighbors aren't threatening to sue you for being a nuisance,, then you don't need to even think about MRTF.

So, if you are in an area not zoned Ag AND the local government is hostile to your operation, you are now out of luck as far as operating a "farm market" goes. If the local government sponsors a farm market please take as full advantage of it as possible, we need to encourage them to continue. I know in our city it is very limited in usefulness because of its location and seasonal restrictions (only open for part of the summer), but it is still great to have.

Prior to the enacting of this GAAMP, you could operate a "farm market" with the protection of MRTF on ANY farm in Michigan regardless of zoning. Now the GAAMP has taken away that part of MRTF protection. If you are a farmer in Michigan, please write to your representative and let them know how this has negatively affected you.

 

[shadygrovefarm]

So, if I am not operating a farm market at my farm, but rather delivering my product to a local business, I shouldn't be effected right? I am not zoned agriculture, but do have a farm that is commercial in nature. However, we don't sell anything from here. So, this new gaamp doesn't apply to me does it? Thanks for your knowledge and opinion.

 

[PineappleMama]

Wow... that's awesome!

Says Michigan has the strongest... I wonder what Texas' is... off to google...

Edit... this site* is a study done by University of Arkansas School of Law and shows by state the laws in effect as of 2007...
Obviously things change... but it's an interesting read anyways

http://www.nationalaglawcenter.org/assets/righttofarm/index.html

 

[eldenbrady]

Look at the definition of "Farm Market," if what you do doesn't fit in the definition of Farm Market than this GAAMP does not effect you. Note that it is defined pretty broadly.

 

[shadygrovefarm]

Well, hearing #5 tonight w/ the township of Forsyth. The MRTFA has been brought up and responded to by the township atty. He basically agrees w/ the board member, who is also an attorney, that the MRTFA does preempt local ordinances as long as it is commercial in nature and follows the necessary GAAMPS. But, he also brought up Section 3, subsection 2 of the RTFA which reads as follows:

"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 the land within one mile of the boundaries of the farmland, and if before that change in land use or occupancy of land, the farm or farm operation would not have been a nuisance." MCL 287.473 (3)(2)

From what I have found, specifically referencing the Papadelis v. City of Troy (2006, unpublished), the court wrote:

"The legislature did not require both subsections to be met in order for a farm or farming operation to qualify for protection under the RTFA...A farm or farm operation that conforms to generally accepted agricultural and management practices is entitled to the protection provided by the RTFA without regard to the historic use of the property in question."

Where this would be different is if a person wanted to start a Livestock Production Facility, then site selection would be an issue as well. I am really not concerned and I will let you all know the outcome of tonights meeting. I am guessing they won't want to incur the legal expense of taking this to court especially with the precedent already set in the court of law in Michigan and the possiblity of having to pay for both sides expenses and legal fees!

They are also wanting me to contact the MDA to have a site inspection done. I am not going to offer to do this. If they want an inspection of our clean and well maintained farm, they can contact them. They are the ones that have a problem with what we are doing, not us. I will also be requesting a refund of our $250 application fee for a special exception as it directly conflicts w/ the RTFA. Should be an interesting evening.

 

[shadygrovefarm]

Well, it appears as though the township believes in the MRTFA also! I didn't have to say much at all last night. The board member who is an attorney did most of the explaining to the rest of the board members and they all agree that as long as we meet the criteria, i.e.- commercial in nature and follow the GAAMP's, then we should be protected and the zoning does not apply. So, they are asking that we contact the MDA to have a site inspection done to determine if we follow the GAAMP's and have this representative write a letter stating that we do. Then, it should be a done deal and we shall be left alone.

 

[vicki2x2]

Thank you for keeping us up to date. I have referred many people to this thread and it helps to hear about everyone's cases and how they handled it. There is a township in our county that does not allow any "farm animals" including chickens, unless you have 5 acres. I just informed a 4-H family that lives in this township that has been harassed about it about the law and pointed them here. I hope it helps!

 

[bantybev]

I, also, thank you for keeping us up to date on your ordeal. I have been subscribing to this thread since I joined BYC and inherited 3 of my aunts little banty chickens. Although we are out of town, we are in the "township" and found out chickens are not allowed here. I haven't been approached by anyone concerning ours yet, but wanted to find out how other michigan chicken keepers have handled the authorities.

Good luck and keep fighting. You are an inspiration to the rest of us who just want to raise chickens on our own property and be left alone.