Michigan Right to Farm Law, what does it mean?

[RTFchickens]

go here and click on Article 23: http://www.allendale-twp.org/dpcd/act_zoning_ord.html Good Luck, Helen

It's funny, living in Allendale on a 1/4 acre lot we are allowed to have our chickens in our subdivision, its our 59 acres in Baldwin that is telling us we cannot have them. I do greatly appreciate the work you did to find that information though!

 

[wingless]

I too was just served notice of ordinance violation. We are zoned residential and own 59+ acres with 25 chickens. Anyone have any ideas on where to start?

We've all been at this for so long, but haven't really come up with a clear roadmap of how to set yourself up to win a RTF case. How about something like this, for first steps:

1. Be able to prove that you meet RTF requirements:

• Farming Operation - well, you just have show that you have chickens. This is usually not a problem!
• Commercial - sell eggs if your chickens are laying, and get receipts. Another option is to formally start a business, by filing paperwork with the state. Starting an LLC is really easy.
• GAAMPS - MDARD normally won't come out and inspect your operation, so getting MAEAP verified appears to be the best option. http://www.maeap.org

2. Join other groups trying to advance agricultural rights in Michigan and elsewhere, who are interested in helping you:

• The Michigan Small Farm Council (MSFC) was started by many of the folks on this thread: http://www.michigansmallfarmcouncil.org

• The Michigan Small Farm Forum (MSFF) is a discussion forum much like BYC, but centered on Michigan rather than on chickens: http://www.michigansmallfarmforum.com

• The Farm to Consumer Legal Defense Fund (FTCLDF) is a national organization that represented Randy Buchler in his successful RTF case last year, and is representing several other Michigan farmers right now, in similar court cases. For a $125 annual membership fee anyone can get legal advice, and has the right to request that they represent them in court; the FTCLDF reserves the right to make its own choice on which cases to actually represent, of course. http://www.farmtoconsumer.org

And then what? Some of these:

3. Get a lawyer (FTCLDF or other)

4. Be knowledgeable about RTF facts

• The law: http://sustainablefarmpolicy.org/the-law/
• Court cases: http://sustainablefarmpolicy.org/the-courts/
• Scholarly articles: http://sustainablefarmpolicy.org/the-scholars/
• This BYC thread!

5. Get outside funding, if necessary.

What else?

 

[lmikulski]

It's funny, living in Allendale on a 1/4 acre lot we are allowed to have our chickens in our subdivision, its our 59 acres in Baldwin that is telling us we cannot have them.
I do greatly appreciate the work you did to find that information though!

deannag1160: this is so outrageous. Do you have a plan of attack for this?

My name is Laura Mikulski - I'm the Director of Media Relations for the Michigan Small Farm Council. If you'd like to talk strategy, as in how to gain attention and begin the process of swaying the media/local officials to your side, please let me know. I'd love to talk to you and hear more about your case in Baldwin.

You can reach me at 313-920-6133 or email [email protected]

 

[eldenbrady]

Just because the ordinance says you can have chickens does not mean you are on easy street. Our city ordinance allows livestock (hoofed animals) and yet I am fighting two tickets that claim that it is illegal to have our goats.

Also, has anyone dealt with a local government that will not let them grow produce? We are over 4 months into appeals right now because the city of Muskegon claims it is illegal to sell produce that we grow in the city. I know there is no appellate case law on the issue of growing produce (no other government has been stupid enough to take it that far) but wondered if anyone else has dealt with it.

 

[McBeaner]

We would like to get a goat. What can we "sell" in order to make it legal. It's not as straight forward as eggs, since raw milk is not legal to sell. Any suggestions?

 

[CaraBear]

goat cheese for sure....i believe you could also sell compost from their droppings!

 

[Sonoran Silkies]

Just because the ordinance says you can have chickens does not mean you are on easy street. Our city ordinance allows livestock (hoofed animals) and yet I am fighting two tickets that claim that it is illegal to have our goats.

Also, has anyone dealt with a local government that will not let them grow produce? We are over 4 months into appeals right now because the city of Muskegon claims it is illegal to sell produce that we grow in the city. I know there is no appellate case law on the issue of growing produce (no other government has been stupid enough to take it that far) but wondered if anyone else has dealt with it.

Wasn't there a case about a plant nursery--way back near the beginning of this thread? I think they argued RTFA for two separate activities?

 

[Sonoran Silkies]

We would like to get a goat. What can we "sell" in order to make it legal. It's not as straight forward as eggs, since raw milk is not legal to sell. Any suggestions?

Sell milk to a dairy that would process it, sell goat meat, breed them to sell goats to others, goat milk soap and lotions, etc.

 

[wingless]

Maybe you can rent the goat as lawn service.

 

[mcbeers]

Maybe you can rent the goat as lawn service.

That actually DOES happen.
http://googleblog.blogspot.com/2009/05/mowing-with-goats.html