Michigan Right to Farm Law, what does it mean?

[dbloom]

The more i read on this topic the more i confuse myself thinking deeper and deeper. I read recently that even if you are considered as a farm and protected under the right to farm act as far as being commercial and comforming to GAAMPs , that it is still possible that you have to abide by township ordinances regarding how far away from a property line a coop, "manure pile" ect can be.. But to me this seems impossible considering it states the act supersedes any ordinance as far as minimum of 5 acres.. If they can not tell you a certain amount of land is required how can they expect that you will meet those guidlines also. Obviously if you only have an acre.. you wouldn't be able to follow the ordinance as far as regulations on distances away from property lines and other homes. Example being (coop or manure pile must be 100 feet from any property line) So are the regulations in ordinances regarding distances from property lines and other homes also included as far as the ordinance being superseded by the right to farm act meaning you do not have to meet these requirements???? any experience??

 

[CaraBear]

Thanks Angela - tho most of that came from the packet that the Hudson, WI group put together - I tweaked it...

 

[wingless]

The more i read on this topic the more i confuse myself thinking deeper and deeper. I read recently that even if you are considered as a farm and protected under the right to farm act as far as being commercial and comforming to GAAMPs , that it is still possible that you have to abide by township ordinances regarding how far away from a property line a coop, "manure pile" ect can be.. But to me this seems impossible considering it states the act supersedes any ordinance as far as minimum of 5 acres.. If they can not tell you a certain amount of land is required how can they expect that you will meet those guidlines also. Obviously if you only have an acre.. you wouldn't be able to follow the ordinance as far as regulations on distances away from property lines and other homes. Example being (coop or manure pile must be 100 feet from any property line) So are the regulations in ordinances regarding distances from property lines and other homes also included as far as the ordinance being superseded by the right to farm act meaning you do not have to meet these requirements???? any experience??

Hi dbloom - not sure who you heard that from, but it is not consistent with my understanding of RTF, and I guess I can back that up in two ways.

First, the Site Selection and Odor Control for Livestock Production Facilities GAAMPS do NOT apply to backyard chicken operations, because page 3 of that document defines "Livestock Production Facility" as consisting of 50 animal units or more. 50 animal units in chickens in 5000 chickens, so unless you have 5000 chickens, none of the language in that document applies to you. This interpretation is now supported by two recent court cases: Buchler in Forsyth Township in 2012, and Santieu in Garden City in 2013. This is the largest source of confusion in the whole RTF debate, but those court cases lay out the arguments very clearly. If you want to read them yourself you can find those (and other) court cases here: http://sustainablefarmpolicy.org/the-courts/

Second, when I had my first MAEAP inspection, the MAEAP tech was not bothered that my small compost pile was in the back corner of my yard, and did not advise me that I needed to be a certain number of feet off the property line. Since MAEAP by definition encompasses GAAMPS, I think this suggests that there are no "site selection" issues for the manure pile. On the other hand, I am not verified yet, so perhaps something about this will still come out of that process. But even then, it will be GAAMPS rules that I will need to be compliant with, not city ordinances.

Hope this helps.

 

[dbloom]

Thank you, yes it was in one of the thousands of documents I came across.. But from my understanding it wouldn't apply anyways because it is in my townships ordinance where it states you must have 5 acres and about required distances from property lines. So if RTFA supersedes it then I shouldn't have anything to worry about. Hopefully..

 

[wingless]

Exactly. Preventing local township (or city) control of farming operations that meet RTF criteria was one of the main points of the 1999 amendment to RTF.

 

[pomaranj]

HELP!!

I just got a letter from Grand Rapids Township..here it goes:
The RTFA applies to farm operations producing a product intended to be marketed and sold at a proft. Producing an agricultural product "useful to human beings" is not enough; the produc must be sold on a commercial basis. Michigan courts have found that no particular level of annual gross is required, and that annual gross sales of as little as $3500 provide a sufficient level of commerical activity for RTFA protection. However, even if a small-scale operation is commercial in nature, the RTFA does not preempt local zoning or other control unless the local regulations are contrary to GAAMP. The Michigan Dept of Agriculture has adopted GAAMP for "site selection and odor control for new and expanding livestonck production facilities", which covers poultry. The site selection GAAMP does not apply to operations which involve fewer that 50 animal units (5000 poultry). Because GAAMP does not apply to small scale operations like yours, it does not preempt the township's ten-acre minimum lot requirement in your situation. Producers with less that 50 animal units do have the option of requesting siting verification from the michigan dept of agriculture. If a requuet is made, the GAAMP states "the review and verification process will use criteria applicable to a 50 animal unit facility - refer to pg 13. Table 4 places the maximum number of non-farm residences at 13 within a quarter mile radius for a 50 animal facility and we estimate there are at least 50 non farm residences with a quarter mile of your property. In addition, your property is not large enough to meet the 250-foot property setback required by the GAAMPs. Therefore the RTFA does not preempt the ten acre minimum lot size requirement for small scale operations, such as yours, and you may not raise chickens on your property. Please removve the chickens from the property by June 12, 2013.

I need some help here...or am i up the creek?

 

[wingless]

HELP!!

I just got a letter from Grand Rapids Township..here it goes:
The RTFA applies to farm operations producing a product intended to be marketed and sold at a proft. Producing an agricultural product "useful to human beings" is not enough; the produc must be sold on a commercial basis. Michigan courts have found that no particular level of annual gross is required, and that annual gross sales of as little as $3500 provide a sufficient level of commerical activity for RTFA protection. However, even if a small-scale operation is commercial in nature, the RTFA does not preempt local zoning or other control unless the local regulations are contrary to GAAMP. The Michigan Dept of Agriculture has adopted GAAMP for "site selection and odor control for new and expanding livestonck production facilities", which covers poultry. The site selection GAAMP does not apply to operations which involve fewer that 50 animal units (5000 poultry). Because GAAMP does not apply to small scale operations like yours, it does not preempt the township's ten-acre minimum lot requirement in your situation. Producers with less that 50 animal units do have the option of requesting siting verification from the michigan dept of agriculture. If a requuet is made, the GAAMP states "the review and verification process will use criteria applicable to a 50 animal unit facility - refer to pg 13. Table 4 places the maximum number of non-farm residences at 13 within a quarter mile radius for a 50 animal facility and we estimate there are at least 50 non farm residences with a quarter mile of your property. In addition, your property is not large enough to meet the 250-foot property setback required by the GAAMPs. Therefore the RTFA does not preempt the ten acre minimum lot size requirement for small scale operations, such as yours, and you may not raise chickens on your property. Please removve the chickens from the property by June 12, 2013.

I need some help here...or am i up the creek?

On the point in red about the level of commercial activity that is required, the first part of the sentence says that no particular level of gross sales is required. This is from the Papesh case, on appeal, and everything I have read concludes that there is no minimum level of sales required to meet the commercial requirement of the RTF act. If you'd like to read that court case or provide it to your township you can find that case (Shelby Charter Township v Papesh (2005)) here: http://sustainablefarmpolicy.org/the-courts/

On the point in blue about the Site Selection and Odor Control for Livestock Production Facility GAAMPs, your township is correct in saying that that document does not apply to you since (presumably) you have fewer than 5000 chickens. Since it does not apply to you, I see no reason why you should request siting verification, which is not a GAAMP, and therefore is not required for RTF protection. Did you? To my knowledge there is nothing that compels you to do that.

I will note again that two cases were decided in the last 6 months that came to the conclusion that the Site Selection and Odor Control for Livestock Production Facility GAAMPs do NOT apply to farms with less than 50 animals, and because those GAAMPs don't apply, that those two small farming operations in residential areas were compliant with all applicable GAAMPs; those two operations were therefore permitted to keep their chickens despite local regulations, because they simply do not apply. Those two cases are City of Garden City v Santieu (2013) and Forsyth Township v Buchler (2012), which can be found on the same website: http://sustainablefarmpolicy.org/the-courts/

Finally, if you back and read the posts over the past couple of weeks you'll see that I recently attended a meeting on Right to Farm that was given by folks at MSU-Extension who are experts on zoning, and especially on this particular point where zoning meets Right to Farm. They have been studying and writing about these issues for years, and the take-away message that I got was that there are two small openings where local zoning officials might have some room to regulate farming operations that meet RTF requirements: cities with over 100,000 residents, because of the 2012 GAAMPS (but even here they questioned whether this change to the GAAMPs was legitimate), and possibly in the regulation of farm buildings (because of the 2007 Papadelis case, but apparently not in consideration of the 2009 Papadelis ruling). The upshot is that state-level zoning experts are telling local zoning officials that Right to Farm really does protect people who meet RTF criteria from local regulations. You might try going to the MSUE Land Use page, and posting your situation there, and asking them how they interpret your situation: http://lu.msue.msu.edu

Good Luck.

 

[pomaranj]

Thanks for the reply. I do sell the eggs and do have a sign that reads "eggs for sale"...the township keeps referring to the GAAMP SIte Selection, and that one does not apply to me...I have my lawyer working on it now.


Thanks!

 

[wingless]

Yes. To be specific, you'll find the definition of "Livestock Production Facility" on page 3 of the Site Selection GAAMPS, where a Livestock Production Facility is defined as 50 or more animal units. Elsewhere in that document is a table that states that 50 animal units is equivalent to 5000 chickens, which you presumably do not have.

And because you don't have a Livestock Production Facility, the GAAMPs for Site Selection and Odor Control for New and Expanding Livestock Production Facilities do not apply to you.

Those two court cases in 2012 and 2013 lay out the argument pretty clearly.

Again, best of luck.

 

[CaraBear]

I find it interesting that basically they are saying that since there are not GAAMPS that apply (due to size of lot and/or number of animals), township ordinances rule....