Michigan Right to Farm Law, what does it mean?

[MaryLang]

As far as I know cities that have recently passed pro-chicken ordinances: Ann Arbor, Ypsilanti, Royal Oak, Ferndale, & Madison Heights, have not received any negative feedback. I love when people just pull things out of their hats without doing any research.

 

[CaraBear]

DReyRose - I certainly see your point...however, for the sake of my marriage, I will likely NOT be able to follow thru with any court related issues, etc, so that's why I'm taking the 'proactive' stance. I'm not really asking permission, as you can read below, I'm more telling them that I'm going to do it, and there's nothing they can do about it

Here's a copy of draft 2 of my letter to the City of Midland - being sent to the chair of the Planning Commission, the Mayor, the Zoning Board of Appeals and the City Attorney:

Dear Sirs and Madams,

I am writing to seek protection under the Michigan Right to Farm Act to establish a farm on my residential lot within the City of Midland, Michigan. I intend to have a small vegetable garden and to raise chickens for egg production.

In August, 2011, a petition was brought before the City of Midland Planning Commission seeking to amend the Zoning Ordinance to permit chickens and ducks on residential lots in the city. The Planning Commission made a recommendation to the City Council to permit chickens, with certain standards. In October, 2011, the City Council voted to NOT amend the Zoning Ordinance, thus upholding the ban on poultry/fowl in the city.

Since that time, and with much research of cases of similar issue in the State of Michigan, it has become clear to me that I can continue with my plan to raise chickens in my residentially-zoned yard, and seek protection under the Michigan Right to Farm Act, both to ensure I am not in violation of current Zoning Ordinances, and also any nuisance complaints that might arise.

As a courtesy, I am providing my justification for my actions, in advance of establishing my farm. I believe that I am entitled to establish a farm on my residential lot for the following reasons:

The August 23, 2011 minutes from the Planning Commission meeting state the following:

This section shall not regulate the keeping of chickens in those areas zoned Agricultural district, where the raising of poultry is a permitted principal use when conducted in compliance with the Michigan Right to Farm Act (MRTFA) and the Generally Accepted Agricultural and Management Practices. The MRTFA is not applicable in municipalities with zoning when the property is zoned single family residential.

It was the view of the Planning Commission that the MRTFA does not apply to properties zoned single family residential. Court rulings in the State of Michigan support the opposite, as highlighted on Page 6 of the attached resource, Land Use Planning and the Right to Farm Act, as prepared by Dr. Patricia Norris, M.S.U. and Dr. Gary Taylor, M.S.U. Extension. In summary, the Michigan Right to Farm Act was amended in 1999 to read:

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.


This amendment was upheld in the following court cases:

• Milan Twp. V. Jaworski – concluding that a Milan Twp. Ordinance that limited hunting preserves to areas that are zoned agricultural conflicted with the RTFA “to the extent that it allows the township board to preclude this protected farm operation.”
• Village of Rothbury v. Double JJ Resort Ranch – concluding that “an ordinance provision that only permits single family dwellings, playgrounds, and parks would prohibit farming operations, the ordinance provision conflicts with the RTFA and is unenforceable.”
• Charter Township of Shelby v. Papesh – concluding that “…the RTFA no longer allows township zoning ordinances to preclude farming activity that would otherwise be protected by the RTFA. Rather, any township ordinance, including a zoning ordinance, is unenforceable to the extent that it would prohibit conduct protected by the RTFA.”
• Papadelis v. City of Troy – concluding that a zoning ordinance “…limiting such activity to parcels with an area no less than five acres is preempted by the RTFA and is not enforceable.”

In addition, Page 2 of the enclosed Right to Farm Act Policy Platform by the Michigan Association of Planning, summarizes recent court decisions that provide nuisance immunity in newly established farms in residential areas. While the Michigan Association of Planning is recommending changes to the RTFA, they acknowledge that the court decisions currently on file with regards to the RTFA support both newly established farm operations, including residential areas, as well as preemption of local zoning ordinances, so long as the farm uses GAAMPs.

I believe it to be indisputable that the Michigan Right to Farm Act allows me to establish a farm in a residentially-zoned area.

To be clear, the Michigan Right to Farm Act only provides protection from nuisance complaints if said farm meets the criteria of a farm, as defined by the RTFA. These criteria are as follows:

• The activity is a “farm or farm operation” – definitions provided on the attached resource, page 2.
• The activity is engaged in commercial production of its farm product
• The farm complies with the Generally Accepted Agricultural Management Practices

My farm will produce vegetables, as well as eggs from chickens. I have several friends and acquaintances who intend to purchase my farm-fresh eggs from me, thus making my farm a commercial operation, and I will keep records and file taxes accordingly. I also intend to comply with all relevant GAAMPs, including, but not limited to those pertaining to Manure and Animal Care. Prior to farm operations commencing, all GAAMPs and other related regulations and resources will be on file in my home office. Copies of the Michigan Right to Farm Act and GAAMPs can be found on the Michigan Department of Agriculture and Rural Development website.

In order to maintain positive neighbor relations, I intend to raise chickens under many of the guidelines suggested by the Planning Commission in the proposed amendment to the Zoning Ordinance, including but not limited to:

• Not keeping a rooster
• No slaughtering of chickens on the premises
• Providing an covered enclosure that will house the chickens at all times
• Locating the covered enclosure in the rear yard, no closer than 10 feet to any property line and/or within 40 feet of any neighboring residential structure
• Constructing a covered enclosure with traditional building materials, that will prevent rats, mice and other rodents access to the chickens. All feed will also be stored in a rodent-proof manner.
• Not install signage with regards to eggs for sale.

I firmly believe in my right to grow a garden and raise chickens for eggs in my own plot of land, regardless of its location. I will do so responsibly and with respect for the animals involved, and my neighbors.

I thank you for your attention to this matter, and hope that this proactive attempt to avoid any zoning violations and/or nuisance complaints is appreciated.

Best regards,

Enclosed Land Use Planning and the Right to Farm Act, Norris and Taylor
Michigan Association of Planning, Right to Farm Act Policy Platform

I'm hoping to get this sent out next week - feedback is appreciated!!

Thanks!

 

[MI-CHick]

@Raz if these reports from neighbors were complaints, ask for copies of the complaints.

 

[RaZ]

@Raz if these reports from neighbors were complaints, ask for copies of the complaints.

That is part of the plan. The ordinance officer says that they are not allowed to identify who complains but he isn't a lawyer so I didn't bother to to mention that a defendant has the right to face his accuser.

I'm also getting a transcript of the arraignment but the court clerk is saying that they don't do that. It looks like I will have to file a FOIA suit to get that public record.

 

[MaryLang]

RAZ- It should be pretty easy to use that FOIA, it cost 10 dollars. I plan on doing it as well in my Chickengate.

 

[DReyRose]

CaraBear, OMG!!!! That is completely an amazing outline and plan!!! MAY I USE IT, of course and insert my city, situation, etc. Lest I be in danger of plagiarism and all > That is freaking amazing!!!!



Warm Regards,



[email protected]

 

[laughingclown]

I would like to use it as well. It is a great outline!

 

[hippychickster]

CaraBear that is well written.

Do you have some neighbors that you can have sign a letter stating that they are fine with you having chickens? I would show that the people around you already are aware of your plans and are fine with it.

I'd also have a list of as many cities as you can that allow chickens, especially around you.

Good luck and keep us posted!!

 

[CaraBear]

Any and all may certainly use and tailor to your needs!

Unfortunately, I'm am nearly certain that all of my neighbors will NOT support this endeavor, which is why I am taking such an unusual proactive approach.

As an FYI, I have changed the two times I use "seek protection" to "have protection".

I'll keep everyone posted!

 

[wingless]

Wow, CaraBear, that is a terrific letter.

Page 59, post 582 - need to remember that one.

Actually, I am going to give hit the "thumbs up" icon on the bottom of that post - anyone know what that does?