Michigan Right to Farm Law, what does it mean?

[RaZ]

The judge had the ruling before Mike was even called up. A written opinion was provided, but the judge gave a verbal recap. While the judge admitted that the Michigan Right to Farm Act supersedes local ordinance he opined that the intent of the law was meant solely for out-lying areas and not intended for farms in high density cities or for farms to move into those areas.

He went on to say that in order to be a commercial farm, one had to have the minimum of 50 animal units. To have less defines the operation as non-commercial and thus not entitled to RTFA protection. Furthermore, RTFA protects only against “nuisance” actions and here in Garden City, the violation is criminal.

The judge went even further to state that RTFA and GAAMPs were never intended to support small farm operations. RTFA was intended only for existing, commercial, large scale operations in rural areas. The Michigan Department of Agriculture and Rural Development has no standing in a city because of the words “agriculture” and “rural” in their title. And rural activities cannot take place in cities.

He closed by saying that the RTFA is a “matter of law and that law, the Right to Farm Act, does not supersede local city ordinance”.

So basically, Mike is now a chicken criminal just like me. He will be sentenced in a few weeks.

 

[realsis]

I am so so sorry! This makes me sick to my stomach when we have REAL criminals out there doing REAL crimes! What's wrong with our society when having a chicken makes you a criminal? Its ridiculous and its a darn shame we don't have the right to have fresh eggs on our own property! What's becoming of our world? They let pot growers grow plants in there back yard for "medical" use but they won't allow us to have chickens? If you ask me something is bad wrong with this!! So people can legally grow pot in some States yet we can't have chickens! This makes me sick! And frustrated that good people are being made criminals! I swear our world is so messed up! I get so frustrated at this! Again I'm so sorry for you! Something needs to change! Its just a shame!

 

[Peep-Chicken]

Would you have to go to court to have your property become a farm?

 

[wingless]

The judge had the ruling before Mike was even called up. A written opinion was provided, but the judge gave a verbal recap. While the judge admitted that the Michigan Right to Farm Act supersedes local ordinance he opined that the intent of the law was meant solely for out-lying areas and not intended for farms in high density cities or for farms to move into those areas.

He went on to say that in order to be a commercial farm, one had to have the minimum of 50 animal units. To have less defines the operation as non-commercial and thus not entitled to RTFA protection. Furthermore, RTFA protects only against “nuisance” actions and here in Garden City, the violation is criminal.

The judge went even further to state that RTFA and GAAMPs were never intended to support small farm operations. RTFA was intended only for existing, commercial, large scale operations in rural areas. The Michigan Department of Agriculture and Rural Development has no standing in a city because of the words “agriculture” and “rural” in their title. And rural activities cannot take place in cities.

He closed by saying that the RTFA is a “matter of law and that law, the Right to Farm Act, does not supersede local city ordinance”.

So basically, Mike is now a chicken criminal just like me. He will be sentenced in a few weeks.

A lot could be said. But the most striking thing is the line about having to have 50 animal units to be a commercial farm. That definition would exclude a great many traditional farmers in the state, who live in rural areas. I don't think that even MDARD would agree with this definition of commercial.

And I think a lot of people trying to get CAFOs out of their townships will be interested to know that this judge does not believe that RTF supersedes local ordinances. That hasn't been true since 1999. But if that is going to be the argument I sure hope folks with CAFOs for neighbors hear about it, so they can use it to regain local control over industrial agriculture operations that they find offensive in their neighborhoods.

 

[RaZ]

Regarding a ruling of 21st District Court (12GC1604), the judge, issued the following opinion:

"The court further finds that as a matter of law, the Michigan RTFA does not preempt the enforcement of Garden City Code section 90.01(a)."

Page 9, dated June 26, 2013. Signed Richard Hammer. Quoted verbatim.

For identification purposes, the judge is RICHARD L. HAMMER JR. P-25732.
The "Opinion and Ruling" will be scanned and posted shortly.

 

[NaturalMomOfTwo]

This is a great thread. Thank you all for the info!

 

[CaraBear]

I just did an interview with our local paper about my efforts to get the ordinance change back in front of the City Council in Midland again! Gaining momentum!

 

[wingless]

So we all know 2012 was a big year - in December the Ag Commission agreed with us to NOT implement changes to the 2013 GAAMPS that would have exempted 8 million of us from RTF protection, and then a week later Randy Buchler won a huge RTF case in Forsyth Township, near Marquette, in which the judge ruled that RTF DID protect his small farming operation in a residential area, despite ordinances to the contrary. So that was 2012.

Now in 2013 we've seen THREE court cases in Garden City, with one win and two losses - but at least one of those losses will be appealed. (Go RaZ!) And the Santieu win was huge, like the Buchler win, and reiterated that the Site Selection GAAMPS do NOT apply for farming operations with less than 50 animal units, which means that unless you have 50 animal units you do NOT have to meet those requirements to be protected by RTF. Again, both the Buchler and the Santieu cases can be found here:http://sustainablefarmpolicy.org/the-courts/

Also in 2013 is the Sweet Peas Farm case, which is ongoing in Williamston.

But the other big issue that we haven't talked about here is what is going on with Bakers Green Acres. This is about a small rural farmer in Michigan who had his pigs declared an invasive species by the DNR (which has essentially labeled all kinds of pigs as invasive species, with exceptions for the kind that are grown in factory farms). Baker was ordered to get rid of his animals, and was fined $700,000. Baker didn't back down, and is suing the DNR and the Attorney General. Court date is this Friday, at 2 pm, in Marion, Michigan. Some folks from this thread are going. PM if you want more info.

http://bakersgreenacres.com

 

[RTFchickens]

Hi BYC group!
I can't say it enough. "I love this website!"
I have been watching you guys from a distance (a short distance) I don't post often, but read up as much as possible.
I'm interested to find out what comes of that appeal from Bakers court case. We are all kind of in this boat together.
I have been following RAZ and all of his bullying by the township and feel terrible for his situation.
We are new to chicken owning. My "babies" are about 11weeks old now and officially in their permanent location where it is against ordinance to own my chickens. We had 27 chicks and are down to 25 due to a hawk.
Prior to moving them we attempted to comply with ordinance and apply for a "variance" until we found out that the variance application was over $300! Now we are just waiting for a complaint and fine before we take any action. We have learned that one of our "trouble making" neighbors is on the township board, and his wife is the treasurer. Luckily there is so much space nobody may be the wiser that we have animals. I guess only time will tell. We hope to add to our inventory of animals besides just chickens. We would like to have some goats and maybe a pig. For now, we are busy enough with chickens and heirloom vegetable garden.

 

[wingless]

Hi deannag1160 -

I am not very familiar with the court system - although learning - but the issue on the table at the Baker court hearing last week seemed simply to be whether or not there should be a jury trial for the case that the Bakers are bringing against the DNR and the Attorney General. Arguments were made on both sides of that question, and in the end the judge said that he would not be making a decision that day, but instead would provide a written opinion on that issue. So that is what was at stake at this hearing, and the decision is not yet known. More details can be found on the Bakers Green Acres website:http://bakersgreenacres.com

Also agree with you about this website, and especially this thread. Amazing what can be accomplished when we share information, and understand what is going on.