Are you a member of the Farm to Consumer Legal Defense Fund? Do they have any advice for you on this issue?
Michigan Right to Farm Law, what does it mean?
- Thread starter festivefeet
- Start date
Do you have a phone number for them?
- Oct 5, 2013
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Our hearing with Shelby township is scheduled for November 7 @ 630 pm. If anyone is in the area, we would love some support. They are opening the floor to public comment.
- Jul 25, 2013
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I feel bad asking this because it seems that you put a lot into your letter, but is it possible that I could copy it and modify for my situation? I live in Clinton Township and just received a ticket stating that I have to remove my hens due to a complaint from a neighbor. My husband called the inspector and informed him that there are 2 more houses on our street with chickens, one of them having a rooster and he was told that they can keep theirs because no one has made a complaint, but we have to get rid of ours due to a complaint from a nosey lady that puts a ladder up and looks in our backyard!! My husband then tried the whole RTFA and the inspector told him that that does not pertain to the city! I came across your letter, I have no idea how, and I think if I modified it, it would be perfect for our situation!! Thank you, Tracy
- Jul 25, 2013
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I feel bad asking this because it seems that you put a lot into your letter, but is it possible that I could copy it and modify for my situation? I live in Clinton Township and just received a ticket stating that I have to remove my hens due to a complaint from a neighbor. My husband called the inspector and informed him that there are 2 more houses on our street with chickens, one of them having a rooster and he was told that they can keep theirs because no one has made a complaint, but we have to get rid of ours due to a complaint from a nosey lady that puts a ladder up and looks in our backyard!! My husband then tried the whole RTFA and the inspector told him that that does not pertain to the city! I came across your letter, I have no idea how, and I think if I modified it, it would be perfect for our situation!! Thank you, Tracy
- Oct 5, 2013
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I have no problem with it if you want to use it to cite case law as it applies to you. It absolutely applies to you if you sell eggs or chicks. See papadilis v troy (sp). The only way it doesn't apply in the city is if you are in a home owners association of some kind.
Not sure if this is clear to everybody, but last year a group of folks from this thread worked very hard to convince the Agriculture Commission to NOT approve changes to what were then the Draft 2013 Site Selection GAAMPs - and were successful.
And then a week later Randy Buchler won his very important court case in Forsyth township in which the judge ruled that he was protected by RTF in his lake residential area, even though the township argued that he was not protected by RTF because he did not meet the requirements of the Site Selection GAAMPs. Randy's team successfully argued that he was not required to meet that set of GAAMPs because he did not have 50 animal units or more, which that set of GAAMPs was written for. A previous landmark case, Papesh v Shelby Township, made the same argument successfully in 2005.
So VIkki Papesh and Randy Buchler showed that small farms with less than 50 animal units do not have to meet requirements of the Site Selection GAAMPs, and then folks from this thread kept MDARD from making changes to the GAAMPs that would have changed all of that, by changing the definition of Livestock Production Facility from 50 animal units to 1 animal. If this change had been approved then the argument that Randy Buchler and Vikki Papesh made to win their court cases, would be lost to the rest of us. And that, of course, was the purpose of those proposed changes by MDARD.
So here we are a year later, and MDARD is attempting to make the same change this year to the Site Selection GAAMPs, by changing the definition of Livestock Production Facility from 50 animal units to 1 animal. A link to the proposed changes is at the link below, together with a letter written to the Ag Commission by Dr. Wendy Powers, the chair of the Site Selection GAAMPs committee.
http://sustainablefarmpolicy.org/the-commission/
Many of the folks who worked on this issue last year went on to form a new organization, the Michigan Small Farm Council. Our Board of Directors includes the same range of people who populate this thread: Randy Buchler and Vikki Papesh who won those important court cases, RaZ, who has been convicted of criminal charges for keeping chickens, and other folks who would like to have chickens but don't because of confusion around RTF. My name is Wendy Banka, and if you care about these issues I invite you to join us at http://www.michigansmallfarmcouncil.org/join-us.html
This year the battle is much harder than last year, because the Ag Commission has already signaled their support for the proposed changes. Honestly, we don't know if we will prevail this year. There is an Ag Commission meeting on November 6th in Lansing in which the proposed changes will be presented to the Ag Commissioners, and a meeting on December 13th in Traverse City during which the proposed changes will be voted on. We don't have a lot of time here, but have a whole lot to accomplish. I hope you'll join us.
And then a week later Randy Buchler won his very important court case in Forsyth township in which the judge ruled that he was protected by RTF in his lake residential area, even though the township argued that he was not protected by RTF because he did not meet the requirements of the Site Selection GAAMPs. Randy's team successfully argued that he was not required to meet that set of GAAMPs because he did not have 50 animal units or more, which that set of GAAMPs was written for. A previous landmark case, Papesh v Shelby Township, made the same argument successfully in 2005.
So VIkki Papesh and Randy Buchler showed that small farms with less than 50 animal units do not have to meet requirements of the Site Selection GAAMPs, and then folks from this thread kept MDARD from making changes to the GAAMPs that would have changed all of that, by changing the definition of Livestock Production Facility from 50 animal units to 1 animal. If this change had been approved then the argument that Randy Buchler and Vikki Papesh made to win their court cases, would be lost to the rest of us. And that, of course, was the purpose of those proposed changes by MDARD.
So here we are a year later, and MDARD is attempting to make the same change this year to the Site Selection GAAMPs, by changing the definition of Livestock Production Facility from 50 animal units to 1 animal. A link to the proposed changes is at the link below, together with a letter written to the Ag Commission by Dr. Wendy Powers, the chair of the Site Selection GAAMPs committee.
http://sustainablefarmpolicy.org/the-commission/
Many of the folks who worked on this issue last year went on to form a new organization, the Michigan Small Farm Council. Our Board of Directors includes the same range of people who populate this thread: Randy Buchler and Vikki Papesh who won those important court cases, RaZ, who has been convicted of criminal charges for keeping chickens, and other folks who would like to have chickens but don't because of confusion around RTF. My name is Wendy Banka, and if you care about these issues I invite you to join us at http://www.michigansmallfarmcouncil.org/join-us.html
This year the battle is much harder than last year, because the Ag Commission has already signaled their support for the proposed changes. Honestly, we don't know if we will prevail this year. There is an Ag Commission meeting on November 6th in Lansing in which the proposed changes will be presented to the Ag Commissioners, and a meeting on December 13th in Traverse City during which the proposed changes will be voted on. We don't have a lot of time here, but have a whole lot to accomplish. I hope you'll join us.
- Jul 25, 2013
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I am more than willing to support this and to do whatever is needed of me! Up until yesterday, I have 3 beautiful hens that had just started laying on Tuesday. On Wednesday, I received my nice little violation notice stating that chickens were not permitted on my property and that they had to be removed! My husband called the inspector the next day explaining to him that there are at least 2 other homes on our street that have chickens, one of them having a rooster ( he did not give names or addresses as we are NOT going to make trouble for other chicken owners ). The inspector stated that he knew that and they get to keep theirs because they have had no complaints, but because we had a complaint from a grumpy old lady that has not liked me from day one, I had to get rid of mine!! How very unfair that seems to me, but thankfully i was able to find them a wonderful home. Now my next mission is to try and change the ordinance in my town and I am hoping that this organization can lead me in the right direction and if i can help to get laws changed, that would be wonderful!
- Jul 25, 2013
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I just signed up!
So sorry to hear about your citation, that's a shame.
I hope there is something you can do.
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