OMG RaZ! I cannot believe that this is actually happening in this country. Criminal charges for owning chickens. And a sworn judge going along with that?! This is seriously insane.
Michigan Right to Farm Law, what does it mean?
- Thread starter festivefeet
- Start date
OMG RaZ! I cannot believe that this is actually happening in this country. Criminal charges for owning chickens. And a sworn judge going along with that?! This is seriously insane.
- Apr 17, 2012
- 68
- 11
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Just had a facebook friend post a link to this article -
Live chat: Michigan ag director talks cottage food industry, migrant workers and farming
Print
By Melissa Anders | [email protected]
Follow on Twitter
on April 30, 2013 at 12:00 PM
Jamie Clover Adams
LANSING, MI -- It appears that spring finally has arrived in Michigan, which means the growing season is kicking into gear and farmers markets are opening throughout the state.
Michigan Department of Agriculture and Rural Development Director Jamie Clover Adams is joining us for a live chat at noon on Wednesday to answer your food and farming questions.
Clover Adams was appointed by Gov. Rick Snyder in July 2012. She has about 25 years of experience in government leadership roles, including former director of the Kansas Department of Agriculture. She most recently served as director of policy for Michigan's Quality of Life group, which includes the departments of agriculture and rural development, environmental quality, and natural resources.
Clover Adams can talk about the potential migrant worker shortage Michigan faces after last year's devastating weather.
She also can discuss recent changes to the state's food safety law, including how that impacts the cottage food industry. Michigan exempts certain home-made food items from licensing and inspection provisions, but still imposes labeling requirements and other restrictions.
The chat will occur in the comments section of this article, so you can leave your questions there. You can bookmark this post and return for the chat at 12 p.m. Wednesday.
who wants to call and ask about MRTFA and backyard chicken keeping!?!?!? if she's addressing Cottage Foods, it's a nice segue!
Live chat: Michigan ag director talks cottage food industry, migrant workers and farming
By Melissa Anders | [email protected] Follow on Twitter
on April 30, 2013 at 12:00 PM
Email
LANSING, MI -- It appears that spring finally has arrived in Michigan, which means the growing season is kicking into gear and farmers markets are opening throughout the state.
Michigan Department of Agriculture and Rural Development Director Jamie Clover Adams is joining us for a live chat at noon on Wednesday to answer your food and farming questions.
Clover Adams was appointed by Gov. Rick Snyder in July 2012. She has about 25 years of experience in government leadership roles, including former director of the Kansas Department of Agriculture. She most recently served as director of policy for Michigan's Quality of Life group, which includes the departments of agriculture and rural development, environmental quality, and natural resources.
Clover Adams can talk about the potential migrant worker shortage Michigan faces after last year's devastating weather.
She also can discuss recent changes to the state's food safety law, including how that impacts the cottage food industry. Michigan exempts certain home-made food items from licensing and inspection provisions, but still imposes labeling requirements and other restrictions.
The chat will occur in the comments section of this article, so you can leave your questions there. You can bookmark this post and return for the chat at 12 p.m. Wednesday.
who wants to call and ask about MRTFA and backyard chicken keeping!?!?!? if she's addressing Cottage Foods, it's a nice segue!
- Apr 17, 2012
- 68
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Draft #1 of my second letter to the City of Midland - feedback welcomed and appreciated....
Dear Sirs and Madam,
Let me first thank you for your prompt response to my letter dated May 21, 2012, regarding raising chickens and planting a garden at my residence in the City of Midland.
While I understand that your letter represents the position of the City, I find it wholly inadequate that you might fail to recognize and counsel the City Council that such opinions are in direct contrast to stated law, and court precedence.
While nearly a year has passed since I last wrote, several developments have arisen that compelled me to write again, and further address this issue.
First and foremost, I would like to cite a court case, decided in late 2012, that further supports commercial farming in all areas, regardless of zoning. Several points you made in your letter are directly addressed in this court case, one which required much time and many resources, including financial, that became the responsibility of the township. This decision, from the Circuit Court for the County of Marquette Michigan, filed by the Hon. Thomas Solka on December 18, 2012, specifically addresses issues related to GAAMPS for Site Selection and residential zoning.
The Solka opinion states:
An article about this case is enclosed. A copy of this decision can be found at - http://www.farmtoconsumer.org/news_...chler-v-ForsythTwp-Solk-opinion2012-12-18.pdf
Once again, I believe it to be indisputable that the Michigan Right to Farm Act allows me to establish a farm in a residentially-zoned area.
Secondly, I would like to recommend that the Planning Commission and City Council revisit an ordinance change in Midland, to allow for backyard chicken keeping in a manner that does not have to meet requirements for the Michigan Right to Farm Act (specifically referring to the commercial nature and GAAMPS compliance). Planning Commission meeting minutes dated January, 2011, indicated significant interest by residents, which was then further supported by the efforts of community members speaking on-behalf of an ordinance change when the proposal was addressed in the case of Mr. Joseph Fiordaliso. I have heard that city staff state that the public opinion was against this ordinance change. However, I strongly believe this is NOT the case. No one spoke in opposition of the change at the August 23, 2011 Planning Commission meeting, with eight households showing support. At the September 13, 2011 Planning Commission meeting, written opinions were one in support, and one in opposition, with three households speaking in favor of change, and only one in opposition. Again, it is clear; the voice of the people was speaking in favor of an ordinance change.
I believe this is why, after much due diligence and research of other ordinances in the state, that the Planning Commission recommended an ordinance change at that time. The City Council vote on October 24, 2011 was not representative of the residents those members represent. Once again, multiple households spoke in favor of the change, while no one spoke in opposition. Written opposition was received from three households at this time, per a Staff Memorandum pertaining to the ordinance change, but again, articles supporting backyard chicken keeping were also provided.
I am sure that the council is concerned with issues related to non-traditional animals on residential property, including food storage, sizes of coops and building requirements, odors, pests and predators, noise, and disease. However, all of these issues can also apply to household pets, such as cats and dogs. There are 11,000 – 12,000 single-family homes in the City of Midland. With nearly 20,000 registered dogs in the city, only approximately 60 complaints are noted annually. I am certain that a fewer percentage of residents will opt to raise backyard chickens, making the likelihood of complaints even lower. This makes backyard chicken keeping in the city a non-issue, especially if an ordinance with appropriate guidelines is established.
I also believe that there is much interest in responsible backyard chicken keeping in the Midland area. The Lincoln Township Planning Commission recently approved a request for chicken keeping on a residential lot, at their March 19, 2013, and indicated that future requests would also be granted. There is a growing, renewed trend of the people to be closer to their food and to know where it came from. It is evidenced every week, a couple of times as week, at our very own Farmer’s Market, where vendors fill every available space, and parking is at a premium.
In summary, I firmly believe in my right to raise chickens on my own plot of land, regardless of its location and zoning designation. This is supported in multiple court decisions in the state, including the most recent decision in Buchler-v-Forsyth Twp. I plan to establish a small backyard flock, under the protection of the Michigan Right to Farm Act. Secondly, I urge the Planning Commission to bring their recommendation for an ordinance change back to the City Council for approval. This will provide Midland residents guidelines for establishing a small flock within the City, even if they are not commercial in nature, and do not intend to research and/or adhere to GAAMPS.
I thank you for your attention to this matter, and hope that once again, this proactive attempt to avoid any zoning violations and/or nuisance complaints is appreciated.
Dear Sirs and Madam,
Let me first thank you for your prompt response to my letter dated May 21, 2012, regarding raising chickens and planting a garden at my residence in the City of Midland.
While I understand that your letter represents the position of the City, I find it wholly inadequate that you might fail to recognize and counsel the City Council that such opinions are in direct contrast to stated law, and court precedence.
While nearly a year has passed since I last wrote, several developments have arisen that compelled me to write again, and further address this issue.
First and foremost, I would like to cite a court case, decided in late 2012, that further supports commercial farming in all areas, regardless of zoning. Several points you made in your letter are directly addressed in this court case, one which required much time and many resources, including financial, that became the responsibility of the township. This decision, from the Circuit Court for the County of Marquette Michigan, filed by the Hon. Thomas Solka on December 18, 2012, specifically addresses issues related to GAAMPS for Site Selection and residential zoning.
The Solka opinion states:
- Despite the Buchler property being zoned Lake Residential, with no allowance for commercial farming or livestock production in zoning regulations, their commercial farming operation is protected under the MRTFA.
- “The Right to Farm Act at MCL 286.474(6) clearly and unambiguously expresses a legislative intent that the state law preempts “any local ordinance” and bars enforcement of local ordinances against any farm that complies with the Right to Farm Act. The GAAMPS, themselves, are not administrative rules adopted pursuant to the Administrative Procedures Act with force of law. The GAAMPS are described in the statute as “policy”. MCL 286.473(1).”
- Hon. Solka’s decision also cites several other court decisions, including Charter Township of Shelby v. Papesh – concluding that “…the RTFA no longer allows township zoning ordinances to preclude farming activity that would otherwise be protected by the RTFA. Rather, any township ordinance, including a zoning ordinance, is unenforceable to the extent that it would prohibit conduct protected by the RTFA.”
An article about this case is enclosed. A copy of this decision can be found at - http://www.farmtoconsumer.org/news_...chler-v-ForsythTwp-Solk-opinion2012-12-18.pdf
Once again, I believe it to be indisputable that the Michigan Right to Farm Act allows me to establish a farm in a residentially-zoned area.
Secondly, I would like to recommend that the Planning Commission and City Council revisit an ordinance change in Midland, to allow for backyard chicken keeping in a manner that does not have to meet requirements for the Michigan Right to Farm Act (specifically referring to the commercial nature and GAAMPS compliance). Planning Commission meeting minutes dated January, 2011, indicated significant interest by residents, which was then further supported by the efforts of community members speaking on-behalf of an ordinance change when the proposal was addressed in the case of Mr. Joseph Fiordaliso. I have heard that city staff state that the public opinion was against this ordinance change. However, I strongly believe this is NOT the case. No one spoke in opposition of the change at the August 23, 2011 Planning Commission meeting, with eight households showing support. At the September 13, 2011 Planning Commission meeting, written opinions were one in support, and one in opposition, with three households speaking in favor of change, and only one in opposition. Again, it is clear; the voice of the people was speaking in favor of an ordinance change.
I believe this is why, after much due diligence and research of other ordinances in the state, that the Planning Commission recommended an ordinance change at that time. The City Council vote on October 24, 2011 was not representative of the residents those members represent. Once again, multiple households spoke in favor of the change, while no one spoke in opposition. Written opposition was received from three households at this time, per a Staff Memorandum pertaining to the ordinance change, but again, articles supporting backyard chicken keeping were also provided.
I am sure that the council is concerned with issues related to non-traditional animals on residential property, including food storage, sizes of coops and building requirements, odors, pests and predators, noise, and disease. However, all of these issues can also apply to household pets, such as cats and dogs. There are 11,000 – 12,000 single-family homes in the City of Midland. With nearly 20,000 registered dogs in the city, only approximately 60 complaints are noted annually. I am certain that a fewer percentage of residents will opt to raise backyard chickens, making the likelihood of complaints even lower. This makes backyard chicken keeping in the city a non-issue, especially if an ordinance with appropriate guidelines is established.
I also believe that there is much interest in responsible backyard chicken keeping in the Midland area. The Lincoln Township Planning Commission recently approved a request for chicken keeping on a residential lot, at their March 19, 2013, and indicated that future requests would also be granted. There is a growing, renewed trend of the people to be closer to their food and to know where it came from. It is evidenced every week, a couple of times as week, at our very own Farmer’s Market, where vendors fill every available space, and parking is at a premium.
In summary, I firmly believe in my right to raise chickens on my own plot of land, regardless of its location and zoning designation. This is supported in multiple court decisions in the state, including the most recent decision in Buchler-v-Forsyth Twp. I plan to establish a small backyard flock, under the protection of the Michigan Right to Farm Act. Secondly, I urge the Planning Commission to bring their recommendation for an ordinance change back to the City Council for approval. This will provide Midland residents guidelines for establishing a small flock within the City, even if they are not commercial in nature, and do not intend to research and/or adhere to GAAMPS.
I thank you for your attention to this matter, and hope that once again, this proactive attempt to avoid any zoning violations and/or nuisance complaints is appreciated.
Lest anyone has missed the great chicken battle going on in Garden City, starring our very own RaZ, here are a few links:
http://www.myfoxdetroit.com/story/22148903/garden-city-man-could-get-locked-up-over-chickens
http://ferndalechickens.com/2013/05/02/garden-city-mi-man-sentenced-to-jail-time-on-the-criminal-charge-of-keeping-chickens/
https://www.backyardchickens.com/a/convicted-criminal-chickenkeeper
http://www.myfoxdetroit.com/story/22148903/garden-city-man-could-get-locked-up-over-chickens
http://ferndalechickens.com/2013/05/02/garden-city-mi-man-sentenced-to-jail-time-on-the-criminal-charge-of-keeping-chickens/
https://www.backyardchickens.com/a/convicted-criminal-chickenkeeper
- May 6, 2013
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I just happened upon this thread while looking for some info on different types of poultry netting. This is awesome, I can’t believe I read the entire thing!!! So sorry Raz about your judgment. I’m a back yard farmer however I have plenty of land and no city ordinances to confine my practices. My girls are super happy and I love doing it so I feel your pain. I’m going to stop in from time to time to check up on y’all. Good luck and if there’s anything I can ever do ie attend a meeting or court hearing just let me know. I love the passion from this thread…..
The third trial of the year for Garden City, 21st District Court will be this Wednesday (May 8) at 9:00 am.
The current score is:
One dismissal;
One Guilty verdict.
The current score is:
One dismissal;
One Guilty verdict.
Well, I had the pleasure of attending and even testifying today at that third Garden City trial, and meeting the other culprits of the great Garden City Chicken Capers.
As RaZ said, one of those chicken culprits has already had his case tried, and in that case the charges were dismissed. RaZ had a hard copy of the court decision in that case; I brought it home and scanned it so everyone can read it. This one is called City of Garden City v. Pete Santeiu, and is dated January 7, 2013. Just like the Buchler case from December 2012, this decision very clearly states that the Site Selection GAAMPS do not apply to farming operations with less than 5000 chickens, and that RTF clearly supercedes local ordinances when RTF criteria are met. You can find both of those (and other) court decisions here: http://sustainablefarmpolicy.org/the-courts/
Welcome to BYC and to this RTF thread - I admire your stamina in reading the whole thing. I also have a great fondness for this thread and all that has been accomplished because of information shared here.
The next Ag Commission meeting is in Detroit, so hopefully lots of people can make it. Date is June 12th, place is Trinosophes, Main Gallery, 1464 Gratiot Avenue, Detroit. The meeting will begin at 9 and usually ends around noon.
http://www.michigan.gov/documents/mdard/2013_Commission_MEETING_SCHEDULE_402877_7.pdf
- May 4, 2012
- 3
- 1
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GARDEN CITY, Mich. (WJBK) -
53-year-old Randy Zeilinger calls himself just a regular guy from Garden City except he will admit he takes some things to the extreme.
Read more: http://www.myfoxdetroit.com/story/22148903/garden-city-man-could-get-locked-up-over-chickens#ixzz2StOLRPgP
"Fortunately in Michigan, we have a thing called the Michigan Right to Farm Act, which is supposed to protect small operations, large operations from nuisance lawsuits brought by local governments," he said.
"The farmer wants to protect his right to farm. That's fine. It's not somebody that lives in a residential neighborhood that gets a bunch of chickens in his backyard," Swarthout said.
"I'm not going to crack. I believe then, I believe now I'm perfectly within my rights," Zeilinger said.
Read more: http://www.myfoxdetroit.com/story/22148903/garden-city-man-could-get-locked-up-over-chickens#ixzz2StOLRPgP
Are there any resources available to help this man, or others like him? Or are we all on our own, defending our rights as individuals? Any lawyers that want to start a legal defense fund for these sorts of situations?
53-year-old Randy Zeilinger calls himself just a regular guy from Garden City except he will admit he takes some things to the extreme.
Read more: http://www.myfoxdetroit.com/story/22148903/garden-city-man-could-get-locked-up-over-chickens#ixzz2StOLRPgP
"Fortunately in Michigan, we have a thing called the Michigan Right to Farm Act, which is supposed to protect small operations, large operations from nuisance lawsuits brought by local governments," he said.
"The farmer wants to protect his right to farm. That's fine. It's not somebody that lives in a residential neighborhood that gets a bunch of chickens in his backyard," Swarthout said.
"I'm not going to crack. I believe then, I believe now I'm perfectly within my rights," Zeilinger said.
Read more: http://www.myfoxdetroit.com/story/22148903/garden-city-man-could-get-locked-up-over-chickens#ixzz2StOLRPgP
Are there any resources available to help this man, or others like him? Or are we all on our own, defending our rights as individuals? Any lawyers that want to start a legal defense fund for these sorts of situations?
- May 4, 2012
- 3
- 1
- 63
Oops, I see this forum is already all over this case! Good job!
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