Michigan Right to Farm Law, what does it mean?

[Mahalo]

Hey all on this thread, I'm new to BYC, but plan to get more active. I live in Troy MI and I'm trying to get our city ordinance changed. I've started a facebook group: http://www.facebook.com/groups/193955827411150/ It's called Troy Michigan Backyard Chicken Movement. Please provide any suggestions, join, or pass it along to people you know that would like to sign my petition.

thanks

Drew

 

[RaZ]

It looks like we have a chicken win in Garden City. The guy whose case was moved to Wayne prevailed.
My motion hearing is a week from today, with another case the week after that and again the following week.

 

[wingless]

What does that mean? Did the judge issue a written decision that we can read?

Wow.

 

[RaZ]

The written decision should be available in a few days. I hope before next Tuesday. My motions were filed today.

 

[cowcreekgeek]

It looks like we have a chicken win in Garden City. The guy whose case was moved to Wayne prevailed.
My motion hearing is a week from today, with another case the week after that and again the following week.

Glad to hear it ... if you can draw similarities between his case and your own, you should be able to prevail as well. Normally, I'd suggest a written request that the charges be dropped, and the case dismissed, but I'm guessin' you want your day in Court ~'-)

 

[fredofburnley]

Hi Bluemoon,
I'm new to the Backyard Chickens and late in seeing this thread. (Real late)
I live in Bloomfield Township,MI.
To make a long story short.
If we have 40 acres you can get a permit to have chickens.
Under that you need a Variance and other fees totaling $310.00.
The go before the Board with your reason and drawings of the coop.

Do I need to go through this frustration, or will RTM and GAAMP help us.

Thanks great thread!

FredofBurnley,

 

[wingless]

Hi fredofburnley -

I am not a lawyer and this is not legal advice, but as I understand it Right to Farm protects you if you have a farming operation (chickens) that is commercial (sell or intend to sell eggs, for example) and if you follow generally accepted agriculture and management practices (GAAMPS).

If I were in your situation I would give my township ordinance officer two documents that support the view that under those conditions you are protected by RTF regardless of local regulations. One is this Tech Bulletin written by a couple of professors at MSU; note especially the very clear flow chart on page 2: http://www.animalagteam.msu.edu/uploads/files/20/Tech Bullitin Land Use.pdf

The second is the very recent court decision in Marquette (Forsyth Township v Buchler), which is the first link on this page: http://sustainablefarmpolicy.org/the-courts/

Best wishes with your chickens!

 

[fredofburnley]

Thanks Wingless! I'll let you know the outcome.

 

[DaneGirl]

Hey everyone...I'm new to the group too even though I signed up for this eons ago. This right to farm act has got my gears turning since I got a citation last week. With my circumstance I had done some research into the ordinances of Albion, MI shortly after I bought my property (5 acres or better on the edge of town). The original ordinance stated that I could have poultry so long as they were confined and at least 150 feet from any structure or public roadway. We picked out a coop design and submitted it to the city planner's office for a building permit. Turned out we didn't need the permit due to the size but we would need special permission from the city to have the chickens. After several meetings and a drawing to show where the coop would be located on the property we were given the o.k. and we finished building the coop and run in the summer of 2006. I have had no complaints, no trouble and the neighbors that would take them got free eggs as did my family and we sold the rest at work.

My neighbor's dog had started damaging my fence and running around loose harassing my dogs so I had to call the police several times. This last time was right before Christmas and after the cop went over to talk to them, he promptly came back and asked me about the chickens and turkeys. The neighbors had thrown that in to get me back. I figured I was covered so I looked up the ordinance after he left and it had changed. So I went down to the city planners office unannounced and asked for a copy of the "special permit" we got in order to have the chickens. He couldn't find it right off since their filing system is horrible so I said for him to call once he found it. Well that was over a month ago and I figured if I hadn't heard from the cop who questioned me I was in the clear. I was wrong. We went to see an attorney today and he basically told us "sell your house and move out to the country if you want chickens".

I'm not taking this lying down because we spent $3000.00 for the coop and the fencing. We did everything properly and now they've decided to change their minds. I don't want an attorney that is going to throw up his arms and say "oh well, we can try", so now I will have to answer to this ticket alone. I don't know what approach to take with all this since I don't want to throw the MRFL at them if something else might work...

Anyone have any suggestions?

 

[cowcreekgeek]

Hey everyone...I'm new to the group too even though I signed up for this eons ago. This right to farm act has got my gears turning since I got a citation last week. With my circumstance I had done some research into the ordinances of Albion, MI shortly after I bought my property (5 acres or better on the edge of town). The original ordinance stated that I could have poultry so long as they were confined and at least 150 feet from any structure or public roadway. We picked out a coop design and submitted it to the city planner's office for a building permit. Turned out we didn't need the permit due to the size but we would need special permission from the city to have the chickens. After several meetings and a drawing to show where the coop would be located on the property we were given the o.k. and we finished building the coop and run in the summer of 2006. I have had no complaints, no trouble and the neighbors that would take them got free eggs as did my family and we sold the rest at work.

My neighbor's dog had started damaging my fence and running around loose harassing my dogs so I had to call the police several times. This last time was right before Christmas and after the cop went over to talk to them, he promptly came back and asked me about the chickens and turkeys. The neighbors had thrown that in to get me back. I figured I was covered so I looked up the ordinance after he left and it had changed. So I went down to the city planners office unannounced and asked for a copy of the "special permit" we got in order to have the chickens. He couldn't find it right off since their filing system is horrible so I said for him to call once he found it. Well that was over a month ago and I figured if I hadn't heard from the cop who questioned me I was in the clear. I was wrong. We went to see an attorney today and he basically told us "sell your house and move out to the country if you want chickens".

I'm not taking this lying down because we spent $3000.00 for the coop and the fencing. We did everything properly and now they've decided to change their minds. I don't want an attorney that is going to throw up his arms and say "oh well, we can try", so now I will have to answer to this ticket alone. I don't know what approach to take with all this since I don't want to throw the MRFL at them if something else might work...

Anyone have any suggestions?

First? You're gonna wanna find your paperwork ... your copies, rather than relying upon them to provide 'em. And, those things submitted ... dates, records of any kind -- your city keeps minutes of all meetings, which could provide the full conversation about your permit as well. Even text messages, emails, and personal notes might have weight: Anything that might establish when first you began your commercial farming operation <-- which is what it must be, in order to seek protection under Michigan's Right to Farm Act.

Second? You're gonna wanna find a new attorney, but for all matters you 'n yours might encounter ... although you might not need one this time, 'cause you can then follow up w/ what wingless suggests here.