That is NOT true. MI RTFA does not require 5 acres. It doesn't matter if you have 1/10th an acre or 100 acres. He couldn't answer you because it's not there. It's on the mi.gov site.
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.
On the very first page of this post you will find the MI RTFA act. You can read the whole thing there on this post or on the mi.gov website. There is a link in it to the web site on the first page.
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.
and I wanted to add a link to the web page the OP mentioned. They are in Brighton, and a nice bunch of folks. They have dealt with their township, and the RTFA.
They also have a link to the MI RTFA and helps explain it. Scroll down towards the bottom.
(e) A change in type of farm product being produced.
History: 1981, Act 93, Imd. Eff. July 11, 1981;¾Am. 1987, Act 240, Imd. Eff. Dec. 28, 1987;¾Am. 1995, Act 94, Eff. Sept. 30,
1995.
Local Govt's can submit a proposed ordinance but as clearly stated here what procedures must take place first.
7) A local unit of government may submit to the director a proposed ordinance prescribing standards
different from those contained in generally accepted agricultural and management practices if adverse effects
on the environment or public health will exist within the local unit of government. A proposed ordinance
under this subsection shall not conflict with existing state laws or federal laws. At least 45 days prior to
enactment of the proposed ordinance, the local unit of government shall submit a copy of the proposed
ordinance to the director. Upon receipt of the proposed ordinance, the director shall hold a public meeting in
that local unit of government to review the proposed ordinance. In conducting its review, the director shall
consult with the departments of environmental quality and community health and shall consider any
recommendations of the county health department of the county where the adverse effects on the environment
or public health will allegedly exist. Within 30 days after the public meeting, the director shall make a
recommendation to the commission on whether the ordinance should be approved. An ordinance enacted
under this subsection shall not be enforced by a local unit of government until approved by the commission of
agriculture.
and I wanted to add a link to the web page the OP mentioned. They are in Brighton, and a nice bunch of folks. They have dealt with their township, and the RTFA.
They also have a link to the MI RTFA and helps explain it. Scroll down towards the bottom.
http://www.destinyfarmgardens.com/BIRDS.html
Bluemoon