Michigan Right to Farm Law, what does it mean?

[Bluemoon420]

You are correct. You could sell one egg and be considered commercial. Someone else linked it above already, but the RTFA was updated in 2000. I have some friends who have been thru this very issue with their township, and it went to supreme court after a LONG battle. They won. That link provided above is why.
According to what they went thru, they don't have to actually sell anything, just have an intent to sell.


Bluemoon

 

[mamarosa]

I wish it was that easy, had friends who live in Shelby Twp
they went with the Gaamp andRTFA and michigan right to farm act. Their neighbors, really a new sub went in nearby and found their chickens offensive. The coops were clean, chickens well cared for but because they didn't have 50 units and were
not using the chickens commercially the twp removed the
50 hens and 2 turkeys. Needless to say the children are heartbroken and so is my friend. In the economy we have today Big houses and big bucks still rule. I have a copy of the
stipulations the twp used to remove the "girls"
it truly is a sad life where people can have pit bulls and snakes
but a family can't raise clean organic eggs

 

[Sonoran Silkies]

Did they contest the removal in state court?

 

[Chickenmaven]

Can anyone suggest a lawyer that handles these cases?

 

[bugg_y2k]

I live in Ypsilanti Charter Township. One of my neighbor across the road complained to the township ordinance office that I have a coop, this was a week and half ago, today I got an letter from ordinance office saying Chickens and or/other fowl, as defined by the Township Code of Ordinances, are not permitted on parcels less then 5 acres. or parcels located within a platted subdivision.

Anyway I called the township ordinance office, they are telling me according to Michigan right to farm act, I need to have 5 acres to raise poultry, and township ordinance consider raising chicken an agricultural activity. I asked where in Michigan right to farm act specify 5 acres, he replied he doesn't have it on hand, he wanted me to read it myself, but I didn't find anything. His final words were if I raise chickens I will get fined or go to court.

I wonder if all this is true, please help.

 

[Bluemoon420]

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

 

[Chickenmaven]

Quote:
Could you share those stipulations? There are alot of us that are trying to cross Ts and dot Is - preemptively.

 

[bugg_y2k]

Thanks Blue. Now I know the ordinance office is wrong, but how do I go about letting them know they are wrong. Do I need a letter from an attorney? (I just finished the coop and haven't gotten any birds yet. )

 

[Bluemoon420]

I don't think you need an attorney at this point. My suspicion is they know they are wrong, and are hoping you won't press the issue. I do know for a fact there are some hatcheries in Ypsilanti. I've seen the ads posted on craigs list in the farm and garden section on occassion.
For now, print out the MI RFTA, and GAAMPS. You can also try calling Destiny Farm in Brighton ( They are wonderful folks. Ask for Mike) and see what format they used with Brighton Township. I believe he mentioned being ticketed a couple times before the town dropped the issue all together.
Also, Just so you know

You don't need a building permit for chicken coops. ( Or other types of livestock containment. Horses MAY be the exception) So, don't let them tell you that either!

Bluemoon

 

[BigPeep]

I would email them and attach a complete copy of the state right to farm act and ask them to respond in writing why they think it wouldn't apply to you and what basis they would have to try to prohibit your activity. Don't talk to them on the phone! You want to pin them down in writing on their position.

The portions of the act qouted have to do with nuisance suits so that doesn't necessarily mean they can't prohibit it with zoning. However, an earlier post mentioned how one muncipal mayor in MI said that the act trumped the town ordinance so maybe that is the case.

I actually would schedule a consult with a local attorney who does ZONING law (not just real estate closings). It will only cost you a few bucks and will be well worth it.