Michigan Right to Farm Law, what does it mean?

[shadygrovefarm]

Wayne Whitman is the only person I ever spoke with that had anything negative to say about our situation. Our township is running with his opinion, however. Case law in the state of Michigan has set a precedent with the MRTFA, especially siting the 1999-2000 amendment addressing zoning that is in direct conflict with the RTFA. Nearly all of the cases that have gone to the court of appeals in Michigan, using the RTFA, the judge has ruled in favor of the farmer (commercial). Let's take a step back though. Have you talked to your neighbors about having chickens? Are they in favor for or against you doing it? Typically, zoning will not be an issue unless you have complaints against you. Then, if they are for it, keep it small and clean. I would also suggest trying to get a group of folks together that would like to see an ordinance drawn up pertaining to the keeping of chickens in your town. Approach the planning commission with the idea and see if you can create change. There are options before having to get into a MRTF scenario.

 

[RaZ]

I don't have a good answer for you right now but I'm getting ready to fight Garden City over my hens.
After having chickens for over a year, my neighbor got mad at me about something else and called the ordinance officer on me.

Even though he did not see or hear a single chicken, I was issued a ticket anyway. I have to contact the court for the next step. My plan is ask for a dismissal as the officer has no real evidence to present.

However, planning for the worst, I intend to fight if I have to. I'm gathering documentation from the other cases in Michigan and having signed affidavits from people who have bought eggs from me.

I'll keep you posted.

 

[wingless]

DReyRose, I think all your questions are answered in the short document I sent you, which was written by people who have studied these issues. If you read one thing, read this:

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

Note that although it doesn't have a publication date, at the end they refer to another publication written in 2007, so the arguments they made should be valid at least through that time - and I am not sure anything significant in the law has changed since then.

Wayne Whitman may think folks here don't understand the law, but I don't think he can say the same about the authors of this paper. And the overall argument of the paper is that Michigan law protects the right of anyone in Michigan to establish a commercial farming operation, and specifically disallows local ordinances from restricting that right. From p. 6, bold added by me:


(6) Beginning June 1, 2000, except as otherwise provided in this section, it is the express legislative intent that this act preempt any local ordinance, regulation, or resolution that purports to extend or revise in any manner the provisions of this act or generally accepted agricultural and management practices developed under this act. Except as otherwise provided in this section, a local unit of government shall not enact, maintain, or enforce an ordinance, regulation, or resolution that conflicts in any manner with this act or generally accepted agricultural and management practices developed under this act.

 

[DReyRose]

After reading that and considering everything I've learned here I have to say I can go forward with my chicken coop. My remaining question here is, why isn't Wayne Whitman applying this to his response to me? He's basically said everything to the contrary of this, court rulings and most importantly, the actual Law!!!

What do I say to him now? Is this the part where I go down to my state legislators and raise a fit until they make him begin responding in compliance to the Law?

 

[VikkiP]

Unfortunately the legal process does not always lead to a just decision. If it did, there would be no need for the drawn out and expensive trials.

If you are a commercial operation (engaged in sales to the general public), if you follow GAAMPS that apply for the size of operation you have (site selection does not apply under 5000 chickens), if you run your operation as a real business and not a hobby (good recordkeeping and 1040 Schedule F), and if you have copies of the RTFA, cites of cases supporting RTFA decisions, and a good understanding of what you may be up against, you have a chance of succeeding.

Up against you is potentially years of legal action, limitless expense, and little reward. I do not mean to be discouraging, simply realistic.

I would love to see co-op farms established on old farmland and homesteads where it is impractical or unprofitable for a single family to operate a working farm. Those old barns, coops, pens and fields could have a second life housing community owned flocks, and the co-op partners could share the duty.

I'm the Papesh in "Papesh vs. Charter Township of Shelby" and you can win, if you hold all the right cards.

 

[VikkiP]

For anyone not familiar with our case and others under Michigan's Right to Farm Act, here are a few bits of published info that may prove helpful:

http://caselaw.findlaw.com/mi-court-of-appeals/1102721.html This is a very brief summary of our Court of Appeals decision.

http://www.msulawreview.org/PDFS/2011-2/Norris.pdf This one provides a view of how your local officials or court may view your case.

Unfortunately, information about our case is tainted with hearsay from the Circuit Court decision that was not factual. Always omitted is the fact that our farm was established in 1822, and we live in the original homestead. Once we established that we were a commercial farm operating in compliance with GAAMPs, the RTFA should have immediately been recognized as changes in usage and size and ownership and products generated by a farm are all under the RTFA umbrella prohibiting "coming to the nuisance" claims. This was a farm 15 years before Michigan was a state, and yet the new neighbors cried about moving next to a farm. Former owners raised cattle, poultry, hay, grains, and more for over 150 years. The farmland was split off and left fallow until developers stripped the topsoil and built houses (manure spreader, pond, huge barn, tractor and coop left behind...horse bit and horseshoe dug up in our lawn...more than circumstantial evidence of farming activity). We even used a Depression era coop and a much older corn crib as our first two coops, years before the development started around us. Instead, we faced a two and a half year battle with pre-development photos, GAAMP plans, MDA inspection, soil tests, affidavits from customers, accounting records, advertising history, and more to get back to the fact that we are doing things as proscribed by law. Our case stood on its merits as if there was no historical use to back it up. Therefore, our case should provide assistance to those in similar situations. I review GAAMPs annually and update our management plans accordingly.

286.473

Sec. 3. (1) A farm or farm operation shall not be found to be a public or private nuisance if the farm or
farm operation alleged to be a nuisance conforms to generally accepted agricultural and management
practices according to policy determined by the Michigan commission of agriculture. Generally accepted
agricultural and management practices shall be reviewed annually by the Michigan commission of agriculture
and revised as considered necessary.

(2) 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 land within 1 mile of the boundaries of the
farm land, and if before that change in land use or occupancy of land, the farm or farm operation would not​

have been a nuisance.

(3) A farm or farm operation that is in conformance with subsection (1) shall not be found to be a public or

private nuisance as a result of any of the following:
(a) A change in ownership or size.
(b) Temporary cessation or interruption of farming.
(c) Enrollment in governmental programs.
(d) Adoption of new technology.
(e) A change in type of farm product being produced.​

 

[wingless]

Thanks for the link to that recent paper. I have to say that I agree with their interpretation that MRTFA protects all commercial farm operations from local ordinances, but not with their recommendations to change the law to give local governments more control. At the moment this point of view doesn't matter, but it may eventually, if the state legislature ever agrees to reconsider the provisions of the law.

I've also been struck by how the same authors keep showing up in the recent links posted here. While it is nice that they state repeatedly that current law protects all commercial farmers (including small urban chicken farmers like most of us), it is a little disturbing that they also continually advocate for changing Michigan law to restrict those rights in urban areas, by giving control over those activities to local governments. I did a search for organizations that articulate the alternate point of view and advocate for urban farming efforts, but came up empty. Anyone know of any organizations out there doing that kind of work?

Here are the links I know of of papers written by MSU and MSU Extension folks on MRTFA, all in one place:

http://lu.msue.msu.edu/pamphlet/Blaw/RightToFarmAct LocalRegulationPreemptionTable.pdf (This one is new to this thread, I think, and was written in Feb 2012).
http://www.msulawreview.org/PDFS/2011-2/Norris.pdf
http://www.animalagteam.msu.edu/uploads/files/20/Tech%20Bullitin%20Land%20Use.pdf

 

[stormysar]

whew. I am new to the boards and just read this thread. I have a few questions.

I live in Melvindale. I have 9 chicks in the brooder and have a coop and enclosed run set up in my back yard for when they are ready. Poultry is legal in my city, when it is 500 ft. from another dwelling - but from what I understand... RTFA eliminates city ordinance right?

My questions are this: If I form an LLC, should I carry liability insurance in case one of my products harms another, or doe the LLC cover that? Is there some place specific I should form the LLC for agricultural purposes, and any specific way I should describe it to keep myself protected by the RTFA?
Can I sell raw meat being a 'farm'? We raise meat rabbits.
Can I sell vegetables as my main income but still legally keep chickens on my farm if I am not selling eggs, or do I need to intend to sell from every division or aspect of my 'farm' (ie, rabbits, eggs, vegetables, etc.) I would put a sign out front, but if I advertised eggs or rabbits, I would have a knock on my door from the ordiance officer as he'll wonder why I'm selling eggs, and why I'm selling rabbits (you're not allowed to sell baby bunnies unless you're a store selling them for a commercial purpose. But, I would be, right?) I figured advertising the sale of vegetables was harmless enough not to get an immediate investigation...
Must I place a sign in front of my home, or could I create a website and put flyers at stores around town?

Also, my zoning is residential. It prohibits commercial uses. Does RTFA override that?

I am in the city. Neighbors on all sides, sidewalks, my neighbors are in favor of chickens though. I do plan to give them eggs, but I'm wondering after we consume them and I give away to neighbors if I'll actually have any left to sell! If I am an LLC, can I sell eggs to myself? How would I record that?

Hoping someone can shed some light on the situation. I am considering a small breed of dairy goats for next year and really need to be on the ball with RTFA - but - can I still legally have them on my 'farm' if I don't sell raw milk? Although I could sell it for 'animal purposes' correct?

Is there anyone from the state or maybe the extensions office that I can contact to explain my intents and have them say 'yes you're protected' or, 'no, you're not'?

Also - if my structure (coop/run) is a farm component, is it still subject to a building permit/approval from the city? We built it without even considering needing a permit and now I'm concerned we should have pulled a permit...?

 

[wingless]

I'll take a crack at the questions I think I know the answer to, but I am not an expert.

In your second paragraph you ask whether MRTFA eliminates city ordinances. According to a discussion last summer with Your_neighbor, MRTFA only protects you from the part of the ordinance that keeps you from running your commercial operation. By that logic, if you have space on your property that actually is 500 ft from another dwelling, then you have to comply with city ordinances and use that site for your coop. However, if no such area exists on your property, then MRTFA protects your right to build your coop elsewhere. Note that I have no knowledge of whether or not this is true, and certainly could not point to any legal documents that support it.

However, if it is true, then the question in your third paragraph about whether you have to sell from every aspect of your farm to be protected by MRTFA would be yes.

Fourth paragraph, yes I think MRTFA does override zoning laws that prevent you from running a commercial farming operation.

Seventh paragraph - I have personally only contacted the state one time, to try to set up an inspection to make sure my operation compiles with GAAMPS. The reply from the state was that I should take this up with the city. There is a great deal of confusion about what MRTFA does and does not cover, even in Lansing.

I hope other folks jump in here - but if you don't get all your questions answered in a few days, please re-post the ones that you still need an answer too.

 

[stormysar]

So according to the farm market GAAMP, I cannot put a sign in front of my house and sell eggs if I am not zoned agricultural right? But can I still sell things from my 'farm' - online? What if I deliver them to customers, or accept payment on the public sidewalk or street (so it is not my personal property?)