Michigan Right to Farm Law, what does it mean?

[mcbeers]

Greetings!
There is so much information here! I have read through most of these 45+ pages and did not find my answer.
We are looking to be as self sufficient as we can and are interested in raising backyard chickens for eggs. We live right in the middle of a small rural village and do not even have half an acre of land. Are we able to have chickens? I figured hens only, no roosters, as to not disturb our neighbors.
Does the MRTFA apply to us, as long as we sell some eggs?
Thanks very much!

Have you checked your local ordinances yet? From what I gather MRTFA should apply to you, but if your local laws do not prohibit it to begin with, then you are even better off yet.

 

[wingless]

The understanding of many here is that if you are commercial and if you follow GAAMPS then state law (MRTFA) protects your right to have chickens, regardless of local ordinances.

However, as you've undoubtedly learned from reading posts here, there is considerable disagreement on that interpretation.

The link that VikkiP provided a couple of days ago gives a really nice summary, from a reputable source; I think it confirms the view that MRTFA protects commercial, GAAMP-compliant farmers.

http://www.animalagteam.msu.edu/uploads/files/20/Tech%20Bullitin%20Land%20Use.pdf

 

[crazygirl]

I currently live in Warren, MI.

I'd like to rise chickens for my family and am willing to post signs for the sale of my eggs but currently my city ordinances state that my chicken coop has to be 300 ft away from any neighbor buildings. Does the MRTFA trump those kind of rules? Also, where does everyone else in this area get their baby chicks from? Also who sells chciken feed around here?

 

[VikkiP]

I am not suggesting you do this...but if you don't have a coop and free-range your birds, clip the wing feathers, provide only a roost pole in the middle of the yard and a nest box as far from the neighbors as you can get, then technically you don't have a coop.

No matter what you do you can expect a battle. If ALL of your neighbors within your block agree with your plan (an occasional dozen free eggs, manure, and compost are a good incentive) and will sign a letter of support, you have a slightly better chance.

Are you prepared to battle the city over this? Even if your neighbors don't mind, when the assessors or building inspectors come around, they will see your birds and you'll be cited.

I have fought the fight and it's not an easy one.

 

[ypsichicks]

thank god i found you! im in ypsi- township. ive had my 5 hens for over a year and just this past wednesday i got a citation for them. i told Bill Elling, township officer, that im fighting this! please lets team up and win this battle!!!

email me to keep in contact, id love to hear if you still have your birds!
jacki

[email protected]

 

[apeanutw]

Hi Celtic,
I am curious about this also, this is under debate in Fenton MI. A family may be forced to get rid of their backyard egg-laying hens, they were not causing a problem. Simply, a someone walking by their house saw the hens and reported it. It is in the local paper here and city council is scheduled to vote. Crazy! I live in a neighboring town and have six chickens. My neighbors love them!

 

[VikkiP]

I'm not an attorney, and I can't advise you. If you are planning to fight, engage your neighbors. If they support what you do, without exception, the township may elect not to waste resources on battling you. It doesn't sound like you are currently commercial or in compliance, and since you've already been cited you will have to work fast. Get your evidence in order.

 

[wingless]

Just want to point out that some folks started a thread last summer with the explicit purpose of banding together to provide information and support to people trying to use the MRTFA to protect their rights to keep chickens. That thread is here: https://www.backyardchickens.com/t/549705/michigan-peeps-we-need-to-band-together.

 

[LKirts]

i have been reading through this thread. Wonderful information, btw.. I live in Davison Township, Davison Mi. My problem is this: My husband and I are wanting to raise chickens on our property. We currently own 5.5 acres in a wooded area, plus we are in the process of purchasing the adjacent properties around us which will total approx. 30 acres when purchased. We called the clerks office to see what our zoning is and we are in RU-1. We asked what the ordinances were with our property for the purpose of farming in the near future. She told my husband that we can "farm" ie, plant production, but we are not allowed to have animals. Not even chickens. UNLESS, our income was derived solely, 100% from the farm itself.. now this does not make any sense to me. We can have chickens, IF we dont have a steady job.. ? Does anyone know if this is correct information? We have to have 40 acres before we can have one chicken? She did state at the end of the conversation that if we dont have roosters, and our chickens were kept clean and we had no complaints from our neighbors, then no one would ever come out to check the property and we'd be ok with having chickens.. Its all confusing to me. I am planning on having at least 25-50 hens for our own comsumption and to sell some. If the MRTF act says that it overrides the state ordinances, how can they tell us we need 40 acres for one chicken? or we cant have them at all? Everyone around us is farming, ie: corn, beans, and there is also a horse farm which I know has chickens and roosters just behind our property. I guess if no one complains, its ok? Is that what I should read into this? And if someone does complain, we can be forced to get rid of our chickens all together and/or be fined? Anyone?

 

[shadygrovefarm]

I would start out by getting a copy of the zoning ordinances that pertain to your zoned district. Then, look at the permissable and conditional uses to see what is allowed. There may even be a "zoning variance" or similiar that you could apply to get. Often, zoning ordinances make no sense and are more than outdated! If you are allowed to "farm" food (crops), I interpret the MRTFA in a way that it would be a good defense for chickens too! It sounds to me like you wouldn't have any problems anyway, unless there was a complaint. I would also suggest documenting anything and everything that transpires between you and your township. In the state of Michigan, I am almost certain it is legal to record a phone conversation as long as one party knows it's being recorded. I have been working with my township for over 2 1/2 years now because of our "urban" farm here in the U.P. So, I have done extensive research on the MRTFA, case law as well as other town/city ordinances pertaining to the keeping of chickens and ag in general. I have utilized the Farm to Consumer Legal Defense Fund as well, which is a great organization that helps many farmers deal with policy issues. If you decide to get chickens and just go for it (which I would do

) I would suggest that you still educate yourself on the MRTFA, case law, etc. so that if you have to deal with the local gov't, you are prepared to educate them! Good luck!