Michigan Right to Farm Law, what does it mean?

[dw_bubba]

Sonoran Silkies - Thank you for your input! I welcome any others as well - especially if you've been successful in Michigan...

 

[Sonoran Silkies]

I'm not that conversant with Michigan (never been there) but I am good at organizing ideas and extracting pertinent information. If all everyone else has said about the RTF is correct, then you haven't a worry.

 

[dw_bubba]

OK Folks,

Sonoran Silkies has been very helpful as we've been discussing this topic privately. I wanted to jump back in to the regular thread with that discussion as several things are developing and I want everybody out there to be able to join in on the conversation.

I've talked with numerous people over the last few days and I want to say "Thanks" to all of you. You've all been very helpful.

What I've gathered is that I just need to draft a letter stating 4 simple things:

1) My operation is a farm operation aimed at producing a profit; it has a name and I use that name in addressing the township in the letter. (ex. Bubba's Farm, Bubba's Family Farm, Big City Farms, etc.)

2) State that this operation is run in compliance with GAAMPS.

3) (In my particular case) State that the location on my property where the chicken coop and pens were placed was the best location for the operation due to sun, shade, etc...

4) Demand protection under the Michigan Right to Farm Act.

I was advised to hand deliver this to the township supervisor or city manager without scheduling an appointment. If you show up unannounced they won't have an opportunity to discuss a strategy for dealing with you prior to your discussion with them.

Now, everyone I've talked to about this issue believes 100% that they will have no choice but to leave me alone. However, none of them are attorneys so I contacted several of them to see if I could gain some insight there. I've spoken with 2 of them and am awaiting call backs from a few others. The 1 of the 2 that felt he could offer some assistance in the matter stated it would be about $400 to $500 to research it, draft a letter for me if he felt strongly that the situation was in my favor, and send it to the proper individuals. Additional charges would be relative to the level of resistance received from the township.

I'm not really sold on that one...

One of the call backs I'm waiting on is from a laywer that is familiar with farming issues so I'm hoping to get a little better input there.

I'm also still searching for any other attorney's in West Michigan that are well versed in Michigan agricultural law.

This whole event has left me with a very nasty taste in my mouth so I'm also considering launching an effort to develop a coalition of urban farmers to join forces in combatting the resistance to our fundamental right to produce or own food on our own property.

Are there any thoughts on that, or anything else in this post?

Thanks again...

Dave; dw_bubba

 

[Chickenmaven]

Bubba
You can incorporate or create a LLC for your "agri-business" through the State of MI Economic Development website. You download the form, mail in $25 & voila! Might be an option.
I would strongly encourage you to solicit the advice of people who have gone through the court cases. I am sure they would be happy to help.
Good luck!

 

[Sonoran Silkies]

And they will know which attorneys they used; the fact that they won't have to do new research may well save you in costs--it would really help if you found an attorney who also has chickens

 

[Bluemoon420]

I believe I spoke to you on the phone the other night. If you do need help of a lawyer, don't go with that first one. Make sure it's someone who is familiar with MI Agricultural laws. ( The second one sounds like a better option).
As frustrating as this has the potential to become...Be persistent. If you need a hand with anything, or just to rant feel free to PM me. My friends been thru this, and she was so glad she stuck to her guns in the end.
On a lighter note, Chicken Mafia Farms has a certain ring to it

Bluemoon

 

[dw_bubba]

I've seriously considered forming an LLC as you experessed ChickenMaven. I cuurently have 3 LLC's registered to my local address but none of them have anything to do with agriculture. So I'm making that decision this weekend - as you said it's very easy and will only take 5 to 10 days to get the paperwork back from the state...

I'm finding the task of locationg an attorney that's knowledgable about Michigan Agricultural laws a bit challenging - perhaps as you stated I could attempt to contact some of the parties involved in the more recent court cases - I'll have to work on that...

I missed the call back from the laywer that has familiarity with farming issues so it looks like Monday before I get any input there. I'm very hopeful with the outcome of that one in particular because Agricultural Law is her specialty. Wouldn't it be nice if she kept chickens as you say Sonoran Silkies! I'll let you know how it turns out...

BlueMoon - that was me you spoke with on the phone the other night - and a pleasurable conversation it was too! I agree, Chicken Mafia Farms is enticing...

When I started down this trail, before I got tangled up with the township, I had it in mind to launch a website/blog. The concept revolved around a fellow named Bubba Nubbin who calls himself an Urban Chicken Farmer. It was really just a fun & laughs sort of thing and I had a real good time putting the behind the scenes stuff together.

I photographed and video recorded the entire project - I have somewhere near 65 videos at this point...

Anyway, this whole township issue has really distracted me from that task - but - it adds another dimension to the whole thing and today I've been thinking about how it's just another phase in the whole story line.

The video quality does leave significant room for improvement and I have no idea what the reaction to the whole thing will be, but hey, what the heck... So, I'm continuing with that plan and I'll let you know as soon as I get it online.

That's it for now; I'll post more updates as things develop...

 

[Bluemoon420]

Keep us posted on the blog! Keeping records of everything is always a good idea, and documenting the events with the township would be another chapter. I think putting that on record in a truthful, but light hearted way is not only therapy for you, but educational for others

It's a great idea

Bluemoon

 

[ShaggysGirl]

Thanks for posting this I found it very educational.

wonders now if I can write off the chickens and a tax deduction?

 

[dw_bubba]

Well folks, here's the latest on my melodrama with the township...

But first, a quick note to Shaggysgirl - as for the tax write off on the chickens you'll have to treat it like a business and most likely file a schedule F with your tax returns...

Well, I've talked with a few more laywer types; in fact, I found one that keeps chickens - on a much larger scale mind you but still, he's on the right side of things...

The downside is his $275/hr rate - OUCH! He figures he can help but the absolute minimum I'd get by with is $500. He says he does a lot of agri-law and his experience has shown that a township will back down only 2 times out of 10. Either way, I'm not sure I need to spend the big bucks...

So, that puts me back to square one in trying to decide whether or not to push it. I can write the letter but I'm still waffling on it. I have a lot of irons in the fire at the moment and I'm trying to discern whether or not I can really afford the time and effort...

I'll let you know what I decide in the next few days...

Bubba