Michigan Right to Farm Law, what does it mean?

[joesandy1822]

Sandy,

I live in shelby and when I spoke to the city and also looked in the ordinances there is nothing that states we cannot have chickens. The guy told me that we can have them as long as nobody complains. He verified that there is no technical law on the books.

I have several neighbors in the surrounding area that have chickens and we have 6 ourselves and so far no problems. (thank God) It's best to lay low and stay under the radar in my opinon and the opinion of someone I know on the board. I was told that even if you sell a couple eggs you fall under MRTFA.

Did you call the township? I hope they change it to our favor!

Thanks for your reply. Please see my PM to you. There is indeed an ordinance against poultry; I'm not sure why they are telling you otherwise. See http://library.municode.com/index.aspx?clientId=13418 Section 3.02. I wish what they told you was true, and I'm not sure how they can say otherwise. I have spoken with them for years and I always get the same answer each time. NO CHICKENS! VikkiP would tell you the same thing. She spent 5 years and lots of money to finally win her case, but even her case did not help the rest of us at all. We'll have to see how this all pans out. All I know is that we need to get it changed so we can all rest easy instead of having to "lay low". There is no need to lay low if it is legal in the first place. Seems like there is a lot of conflicting information out there. Maybe some of the board members do not know their own ordinances?

 

[hippychickster]

Thanks Sandy for that info!! I am upset that I was given missinformation!

I'll speak to my friend who is on the board and running for office this term and see if there is anything she can do or any insight she can give us. I wish they would get their act together!! I also wish I would have gotten the name of the guy I spoke with!! I know he was in zoning that is all. ugghhh

 

[Stc-Gromit]

I just talked with Kristin Esch with the Michigan Dept of Agriculture. She was very nice and plesant to talk to. I was told that if I am zoned for residential, the MRTFA does not supercede local ordinances in all cases. If I want to raise chickens and rabbits for fun, food or profit, i may have to go to court with a civil case.
Now, I know that the Village of St.Charles does not want to spen $ or time of silly court cases. But neither do I. The legal fees would make those free eggs and bunny tea for the garden a pipe dream for the homesteading books. I think I will go to the meeting Wednesday and see what their concerns are.
Right now people can have Free range cats that spray my fence and use the boys sand box as their personal litter box. I know because I have live trapped 9 cats in the last 3 weeks. There is no noise ordinance, poop ordinance or peeing on tire ordinance. I know this because the neighbor dog marks my tires and childerens toys every day, stands in the open window 30' from my patio and barks for hours at us and I have dumped 5 gallon pails of schnauzer kaka and dumped them on his porch. All with 3 police reports and no ordinance to stop it. I would have to go civil in court. But, I cant have 5 hens in a coop and 2 rabbits in a hutch.

 

[joesandy1822]

I just talked with Kristin Esch with the Michigan Dept of Agriculture. She was very nice and plesant to talk to. I was told that if I am zoned for residential, the MRTFA does not supercede local ordinances in all cases. If I want to raise chickens and rabbits for fun, food or profit, i may have to go to court with a civil case.
Now, I know that the Village of St.Charles does not want to spen $ or time of silly court cases. But neither do I. The legal fees would make those free eggs and bunny tea for the garden a pipe dream for the homesteading books. I think I will go to the meeting Wednesday and see what their concerns are.
Right now people can have Free range cats that spray my fence and use the boys sand box as their personal litter box. I know because I have live trapped 9 cats in the last 3 weeks. There is no noise ordinance, poop ordinance or peeing on tire ordinance. I know this because the neighbor dog marks my tires and childerens toys every day, stands in the open window 30' from my patio and barks for hours at us and I have dumped 5 gallon pails of schnauzer kaka and dumped them on his porch. All with 3 police reports and no ordinance to stop it. I would have to go civil in court. But, I cant have 5 hens in a coop and 2 rabbits in a hutch.

I completely agree with you, and I know your frustration first hand. I have wanted to get some hens for years, but because of our ordinance, I can't. I have similar issues where I live (Shelby Twp.), and it is infuriating. Dogs barking, pooping, cats running wild, loud motorcycle next door, loud, foul mouthed arguing neighbors, loud music, TV, and on and on it goes. But wow, don't allow a few innocent hens. They may take over the world or something. RIDICULOUS!

Good luck to you.

Sandy

 

[CaraBear]

So if I am zoned residential, I shouldn't get chickens unless I'm willing to deal with a civil suit??

 

[laughingclown]

I have started building a new coop over the last couple of days. Came out in the morning to open up my chickens. Low and behold the city guy were waiting for me. They were opening fire hydrants and asked if I had a permit to build a shed. I said no, didnt know I needed one for a shed. Then he said that he hopes Im not building a chicken coop. I didnt say yes but he knows I am as I was standing next to one. He said it against the ordinances. I told them I wasnt aware of any but that I have a business and I am covered under the MRTFA. He said no I dont and that the City of Lindens ordinances supercead the state. Then he said they can make and enforce whatever laws they want. He said they were not going to enforce them unless they get a complaint though. I also handed him a bunch of copies I had for the MRTFA. Lets see if the deny my permit when I go get it Friday.

 

[gardenlady]

I hope I don't have the same problem. I bought chicks on a whim, then started a giant coop---all without checking to see if my little Township has any ordinances. I guess I'm going about backwards, and trying to slip under the radar--but I'm sure it will backfire on me.

 

[Egglover2]

I live in Sterling Heights also and have been thinking about getting chickens fo a year now.

I would be happy to join with others to petition city hall if we need to.

 

[LaurieH]

Contact the Department of Agriculture. If your city does not allow chickens in your city, village....the MI Right to Farm Act will not protect you. You must have the ordinance in place first.
I learned this first hand. Just for everyone's information.

 

[wingless]

There are clear legal cases (Papesh, for example, and Papadelis) where the Michigan Right to Farm Act did protect the right of individuals to keep chickens despite local ordinances that prohibited them. In other less famous cases, people have commented that local officials have left them alone after being handed copies of the MRTFA. Professors at MSU and MSU Extension have published arguments that MRTFA protects any chicken farmer in Michigan who is running a commercial operation (by selling eggs, for example) and follows good management practices (GAAMPS). A Policy Director for the Michigan Environmental Council has made the same argument with respect to bee-keeping in Michigan.

This does not, of course, discount your experience. I think there are many local officials who genuinely believe that their local ordinance is the only law that applies with respect to keeping chickens. I think they're right most of the time - but not when the farming operation (chickens) is commercial (sells eggs) and follows good management practices (GAAMPS). In that specific subset of cases, I do think MRTFA prevails.

But yes, you might have to go to court to prove it.