Michigan Right to Farm Law, what does it mean?

[wingless]

Sounds great, blackswan. I'll also come if I can.

 

[HappyFarm]

I was happy to see this topic on here, as it's an issue I'm currently facing. I've read all of it, as well as all the links in the last couple of days, and the RTFA itself. We are in Fredonia Township (near Battle Creek) and currently renting from family at a place where we are legal to farm (92 acre farm that has been here over 150 years). Right now we have two dairy goats and around 40 chickens. We sell eggs and goat's milk soap. We also breed the chickens and sell chicks. (so we have to have roosters) The trouble is, we have to move out of here by the end of the year, and the sooner the better (family conflict, and it's getting worse by the day). We were not expecting to buy a home for another year or maybe two and don't have much saved up, so all we can afford right now is something really cheap...based on the looking around we have done, it's not likely we will be able to get anything that is more than 2 acres, and we've only found one place that big even, but we already found out there's an issue with a nasty neighbor who claims that half the backyard of the property for sale belongs to him...not a good place to move in, "steal" "his" land, and then bring in a bunch of farm animals...

I don't know what the zoning laws are for this area--we are looking at Fredonia Township, Emmet Township, or Marshall Township. I have tried calling zoning offices to ask, and none of them answer their phone or return my calls. I heard from someone else that we can't have any animals on less than 5 acres, but I don't know the truth of that. I absolutely do not want to get rid of the animals and just live in a town home somewhere.

It seems there is some question as to whether the Right to Farm Act covers starting up a farm on a residential property? What about an existing farm that moves to a new place--is that the same thing? Does anyone have any comments for me on how it would apply to my situation? How can I go about finding out what the local rules are if the zoning office won't talk to me? I've asked real estate agents what the zoning on individual properties is when getting tours, and they have no idea what the laws are either.

 

[blackswan]

Zoning details are typically available online. That is where I found mine. The address will tell you the township or city.

You need to get the legal description of the property from the real estate agent and confirm it with the register of deeds (county).

As far as the neighbor claiming land a title search and appraisal will also describe the land boundaries and they will mark them. It could be quite an eye opener and possibly some angst

Good luck

 

[blackswan]

Hi Fellow BYC


I reserved a room on
Tuesday, August 21, 2012
6-8pm

We are called

Backyard Chicken Keepers of Michigan

​

MacDonald Public Library
36480 Main Street
New Baltimore, MI 48047

If anyone wishes to bring pictures of their chicks, chickens, chicks/chickens and your family.. being funny/silly please do.

Also please bring pictures of your coops!!
Pass this along to other Michigan BYC and invite them.

I will provide some beverages and snacks.

If you wish to email them to me I will add them to the poster that I will make up.

My email is BYCMi at Yahoo dot com

Please contact me there if you have a ?? I will also provide you my phone # if you think you need it.​

I hope this isn't a problem for the MDRAD meeting folks on 8/22/2012. I thought it was the week prior when I put in my request.

 

[CaraBear]

Trying to draft a statement for the Ag Commission meeting tomorrow and really struggling to wrap my head around so many arguments - where do we focus our energies?!

On the fact that the dramatic changes to the Site Selection GAAMPS eliminate the possibility of a vast majority of the population having farming operations and protection under the RTFA (thereby, seeming taking away that right).

That changes to the GAAMPS in an area that has been specifically upheld in court otherwise, seems to be in direct conflict with the law passed by the legislature.

That while Site Selection certainly holds an important role in GAAMPS, there needs to be the ability of property owners to have a commercial operation regardless of zoning designation, as the environmental and other nuisance issues can be addressed within other areas of the GAAMPS and do not create any problems to the land, neighbors, etc, greater than those created by other household pets.

That currently drafted changes to Site Selection GAAMPS also seem in direct conflict to Backyard Chicken ordinances that major metropolitan areas are already allowing and supporting.

All of the above?!!?

help!!

 

[RaZ]

Instead of trying to address all of the issues, try to focus on a few that are most important to you.

For me, I want to point out that for backyard chicken keepers, the environmental impact is not nearly as great as the larger commercial operations. As such, a small suburban flock is less detrimental to the environment than the neighbor using a lawn service all summer long.

Animal units, as measurement, can be scaled down as well as up when considering space requirements and site selection.

Committees making changes to established law should not be part of the legal process. So are these changes actually affecting the law as written or merely suggestions for legislative change? The fact that one major city in the state wants the law watered down gives me pause. Especially a city that clearly can not manage itself effectively.

Just noodling some ideas here myself. I'm trying to prepare for the meeting tomorrow.

 

[wingless]

Hi CaraBear -

One of the most important things is for Ag folks at the state to understand that there are a bunch of us in residential areas struggling with these issues; I'll be going with RaZ, and bringing a statement from you (I hope) and also from blackswan - so that will be 4 urban farmer voices that they hear from at the same meeting. That's already a win!

For me personally, I think the battle to be won right now is to prevent the 2013 draft GAAMPS language from winning approval by the Ag Commission. You've outlined a number of good points above - if you can say them simply and clearly then you can include them all.

And another argument you can make - based on your own experience - is that local governments cannot be relied on to come up with ordinances that will allow any kind of poultry, so without RTF there will be very little experimentation with urban farming in Michigan. RTF opens that door, and the new GAAMPS language slams it shut. So in addition to making the logical/legal argument, I would just tell your story, so they know what is lost when they fail to uphold RTF.

And remember that this isn't your last chance. The Ag Commission meets every month, and this is going to be a long conversation.

 

[RaZ]

And another argument you can make - based on your own experience - is that local governments cannot be relied on to come up with ordinances that will allow any kind of poultry, so without RTF there will be very little experimentation with urban farming in Michigan. RTF opens that door, and the new GAAMPS language slams it shut. So in addition to making the logical/legal argument, I would just tell your story, so they know what is lost when they fail to uphold RTF.

And remember that this isn't your last chance. The Ag Commission meets every month, and this is going to be a long conversation.

X2

 

[blackswan]

X2

double X2
Local govt CANNOT see facts beyond their clouded opinions

 

[blackswan]

Food for thought... pun intended

I would read the strong language of the MRTFA.

Point out that the language CLEARLY stated

WHAT a farm is (didn't say 5 or more acres.. which it could have)

WHO a farmer is( group, corporation, INDIVIDUAL)

WHAT a farm product is (doesn't specify an amound of yield)

How is it that this LAW with such strong clear language can be SWEPT away with GAAMPS?

Clearly, MRTFA through GAMMPS needs to address urban farming, but the people behind these sweeping changes have clearly shown with the proposed changes that they want individual municipalities to make up the rules with no regard to established proven guidlines. Over and over, local government does not have the resources or knowledge to take on this responsibility.

Keep it simple, just like you did with the first meeting. You clearly opened their eyes with what appears to be good results.

M