Michigan Right to Farm Law, what does it mean?

[wingless]

Hi everyone -

Just want you all to know that the small group of us that first met this summer in New Baltimore at the behest of blackswan, have decided to create a more formal organization. One reason is that this will give MDARD an organization to contact when it seeks someone to represent urban/residential/small farm stakeholders, on committees or task forces, such as the GAAMPS task forces that are convened each year. Another is that it will give us an opportunity to condense and organize much of the information provided on this thread, and make it easily available to new folk who come along. There is no intent to replace the terrific conversation that takes place here.

We plan to keep blackswan's name of Backyard Chicken Keepers of Michigan, and to be broadly inclusive - so even if you are a bona fide farmer with real acreage zoned agricultural, we hope you'll join! We will likely start with a members email list and website, from which we will solicit ideas of how to grow our organization.

You all are invited to join this fledgling organization. Please PM me if interested, and we'll go from there.

 

[Mommabirdtmr]

I have skimmed the posts but can't find the information I'm looking for. I live in Hamburg Township, MI. I have contacted the township and they don't know if I can have chickens or not???? "Only thing I know about chickens in the township is about the lawsuits between neighbors because of them." They can't or won't tell me the specific ordinance that applies. I'm just now looking into getting some chickens and I"m sure my neighbors will complain. What do I do to find out if I have the law on my side or not. Thank you so much for your help!!

 

[BackyardFarmMom]

I have skimmed the posts but can't find the information I'm looking for. I live in Hamburg Township, MI. I have contacted the township and they don't know if I can have chickens or not???? "Only thing I know about chickens in the township is about the lawsuits between neighbors because of them." They can't or won't tell me the specific ordinance that applies. I'm just now looking into getting some chickens and I"m sure my neighbors will complain. What do I do to find out if I have the law on my side or not. Thank you so much for your help!!

General Ordinaces
http://www.hamburg.mi.us/lawroom/general_ordinances.html
Animal Ordinances
http://www.hamburg.mi.us/lawroom/PDFS/GENERAL ORDINANCES/gen_ord_number_87.pdf

 

[mcbeers]

They don't know? They didn't say "but we will find out and get back to you"? I'd ask the code enforcement people to sign something saying that they will allow it, unless they can show you the law that says you can't. Other than that, you, at this point still, have MRTFA protection in your favor. That is my quick thoughts on it. Here is Hamburg's domestic animal ordinance: http://www.hamburg.mi.us/lawroom/PDFS/GENERAL ORDINANCES/gen_ord_number_87.pdf and here is the site for all their ordinances: http://www.hamburg.mi.us/lawroom/general_ordinances.html I didn't quickly see anything prohibiting you from having them. They mention animal husbandry in the domestic animals, but I didn't see anything prohibiting any of that.

 

[cowcreekgeek]

1. I'm not an attorney, and therefore my comments are not to be misconstrued as legal advice, but merely the opinion of this simple plowboy.
2. My comments are based solely upon your post, and without further research or consideration of any other Code, or revisions to or repeal of same, or the Action(s) of any Court.

It's important to realize that our society has Federal, State, County and City governments that often tell folks what to do w/o appropriate consideration of what the others say, so the Court(s), which are to operate by legal precedent, sometimes gets involved to compel them to adjust, so as to comply w/ the Rights protected by another, that essentially 'trumps' it.

This Act of The People of the State of Michigan begins w/ a short Title, followed by a lengthy list of words that it specifically defines for the purposes of their use in the Michigan Right to Farm Act. In law, moral and legal are two different things, and the words will, may and shall have very different and clearly defined meanings. By defining w/in the Act itself, the words mean *exactly* what this specific Act states w/in, rather than any other folks think they might.

Some important points, based upon your post:

Clearly, this Act is intended to protect what it considers to be 'commercial' farming operations from restrictions based upon being a nuisance, provided that the operation adheres to practices established by the Michigan Commission of Agriculture, and that the farm was operating prior to any changes w/in 1 mile of it's borders. Essentially, the operation is to be 'grandfathered' in to any future changes in the law.

Changes in the farm operation, including ownership or size, stopping temporarily, or participation in farm programs, or the type of farming done, does not allow anybody to claim this Act no longer applies. And, should any who complains be proven to be wrong in Court? Then those defending against the erroneous Complaint may recover the actual costs of defending (which includes paying for the lawyer they should most certainly have retained ~'-)

This Act goes much further into what which agencies 'may' and 'will' and 'shall' do in various scenarios, but that's the basics of what you're probably concerned about.

:: edit ::
The Court of Appeals sees no connection between subsection (1) and subsection (2) of Section 3, therefore, a farm operation need only be in compliance w/ *either* subsection, in order to be protected under this Act.
See my latest post for further details, and the specific cases involved
:: /edit ::

And, again? Just my personal opinion here ... I try 'n be the best neighbor my own could hope for, just as my parents taught me to, by the fine example they gave. When our cows ate another's corn? We bought them three ears for every stalk. And, when one struck 'em w/ their car? We repaired it, compensating to their complete satisfaction. But, there's times when nothin' we do is gonna be good enough, and that's what laws like this are intended for. Not for the purposes of allowing us to make anybody's life miserable, or restrict them from reasonably enjoying life close by ... unless they were stupid enough to think they could expect livestock to be silent after and before the specific times people are expected to ... it's such unreasonable expectations and demands that good folks are protected from. And, to avoid inconveniencing others? I actually find out what 'the worst times' would be for me to do various things, and (barring emergencies) operate w/in those limits that best fit their needs (i.e. I don't burn brush when folks plan to have a gathering, or cut firewood near their homes during the times that their schedule requires them to be in bed). Although being 'within your legal rights' doesn't often require our action(s) to be morally correct? That's the side you're gonna wanna be standin' on, when it's all said 'n done.

 

[Mommabirdtmr]

Thank you for your help.

 

[Mommabirdtmr]

Thank you for your help.

 

[cowcreekgeek]

Thank you for your help.

You're welcome ~'-)

:: edit :: saw your post directly beneath my own,
and allowed my poor vision to misdirect me yet again ...
(sorry 'bout that, but glad your q's are a'd ~'-)
:: /edit ::

 

[Mommabirdtmr]

You're welcome ~'-)

:: edit :: saw your post directly beneath my own,
and allowed my poor vision to misdirect me yet again ...
(sorry 'bout that, but glad your q's are a'd ~'-)
:: /edit ::

It was meant as a general thank you to all who answered me. So, thank you!

 

[wingless]

Just saw this posted on another thread:

I'm an Aussie, so I have little or no idea about your state laws, but surely if in America you have the right to "bare arms" you are completely with in your rights to produce fresh eggs. Or at least have the chickens to do so. Perhaps that neighbor would respond nicely to some free eggs.​

https://www.backyardchickens.com/t/721065/rights-to-have-chickens