Michigan Right to Farm Law, what does it mean?

[RTFchickens]

Hi all,
I just attended the land use township workshop last night pertaining to RTFA. Kurt Schindler was the presenter. It was very interesting! As he put it "townships wishing to enforce their ordinance in court are sticking their neck out, be prepared to have it cut off" when he spoke regarding RTFA.
This was a meeting intended for township officials. Primarily planning and zoning administrators. He gave an example last night that I found intriguing.
Does a kid who lives on 1/2 acre raising A chicken, (one chicken) for a 4H project who sells his hen at the local fair (or even just PLANS to sell it) have right to farm protection?
His answer? YES, YES THEY DO! Since there is no minimum sales required, the chicken is a farm animal, and assuming he is following GAAMPS by taking good care of the chicken, and properly disposing of waste etc, he has protection under Right To Farm.
I audio recorded this entire meeting, so I can reference it.
After attending this meeting, its my opinion that if you feel you have RTF protection by meeting the 3 requirements (GAAMPS, sales or intent to sell, and own animals) I would inform the township of the RTFA, and how it superceedes local ordinance. But this is only MY opinion. I've seen first hand what harassment can come from standing up to my township. It can get UGLY!
Good luck, and I hope this info is helpful ;-)

 

[RTFchickens]

I'm not sure i was allowed to audio record the meeting last night, and if there are copyrights on it or whatever. I'm also not a township official. I just figured it was worth the $50 and 5 hours of my time to find out exactly what the townships are being told about us chicken folks.
One township official at the meeting prided himself on lying to one of his residents about her RTF status (or the lack of it as he portrayed it to his resident) and was LAUGHING about how he scared her into giving up her animals! Others in the room joined his laughter, and I now have a sore in my mouth from biting my tongue!
I was the only one in the room who was not a township official, so I didn't want to draw attention to myself...
But it just shows the mentality of what we are dealing with.

They also spoke clearly that this may all change based on next Mondays vote.

 

[peaceofthislife]

Very interesting and encouraging. I am prepared to go against the township, but any idea what my rights are with the HOA?

 

[fuzzybutt love]

Too bad you were the only resident in there. Otherwise it could leak to the media. Gritting my teeth over here! Officials do lie, i have even been lied to by cops. Only way to assure any kind of rights is by knowing them!!!!

I wish with all my heart i could be more involved but i work crazy hours and sometimes literally sunup to bed time. Thank you everyone for fighting the good fight and keeping us who can't informed. I am following this anxiously.

 

[RTFchickens]

It's my understanding that the HOA is not protected by RTF, but it sounds like its not the HOA complaining, its the township giving you a hard time.
The HOA is a private contract that you entered when you purchased the home. It's the HOA that can ticket you for going against that contract, not the township.

 

[RTFchickens]

We have a home with a HOA. We actually purchased a plot of land before this without a HOA. We happened to buy next to a semi driver that would park his cab in his driveway when he was home for the weekend. We did not like this idea one bit. We thought it made the subdivision look "cheap" and there was no HOA there. I can't fault the truck driver, he was just parking his truck. But I didn't like looking at it... So we actually sold that plot at a loss, and built in a subdivision with a HOA. Now, my township at this house actually allows for the keeping of animals no matter how you are zoned, or what size your property is! But my neighbors and I all entered into a HOA contract stating that we cannot own animals.
In the past 9 years since we had our house built, I grew up. Semi trucks and animals don't bother me a bit! BUT my neighbors don't necessarily feel the same about animals as I do. So out of respect for them, I do not go against the HOA and keep animals. We purchased another home on 50+ acres that we keep animals.
We do have a broody hen in our subdivision in our garage, but she is "inside" and will return to her flock after the eggs hatch.

 

[JackieandChicks]

I'm not sure i was allowed to audio record the meeting last night, and if there are copyrights on it or whatever. I'm also not a township official. I just figured it was worth the $50 and 5 hours of my time to find out exactly what the townships are being told about us chicken folks.
One township official at the meeting prided himself on lying to one of his residents about her RTF status (or the lack of it as he portrayed it to his resident) and was LAUGHING about how he scared her into giving up her animals! Others in the room joined his laughter, and I now have a sore in my mouth from biting my tongue!
I was the only one in the room who was not a township official, so I didn't want to draw attention to myself...
But it just shows the mentality of what we are dealing with.

They also spoke clearly that this may all change based on next Mondays vote.

Public meeting, no "do not record" signs, I think this needs to end up with Michigan Public Radio. Also, remember Mit Romney and the recording of his "private'" meeting that went viral? I'm thinking you are fine. Contact the public radio group that did the first interviews - today - and let them decide and keep copies!!

Jackie

 

[RTFchickens]

I'm at work today, and I did not bring the recorder to work. I'm also not tech savy, so I may need to wait for hubby to help. I will ask him to put it in a Jpeg for me before he heads up to our other house.

 

[Blooie]

I'm not sure i was allowed to audio record the meeting last night, and if there are copyrights on it or whatever. I'm also not a township official. I just figured it was worth the $50 and 5 hours of my time to find out exactly what the townships are being told about us chicken folks.
One township official at the meeting prided himself on lying to one of his residents about her RTF status (or the lack of it as he portrayed it to his resident) and was LAUGHING about how he scared her into giving up her animals! Others in the room joined his laughter, and I now have a sore in my mouth from biting my tongue!
I was the only one in the room who was not a township official, so I didn't want to draw attention to myself...
But it just shows the mentality of what we are dealing with.

They also spoke clearly that this may all change based on next Mondays vote.

I have been following this, having read every page of it and following many of the provided links, with interest and dismay. I live in a small town in Northern Wyoming and while these problems don't affect me directly yet, someday they might. I think it's critical that even those who do not live in Michigan follow this saga with an eye on protecting themselves should big agriculture manage to drive more of a wedge between small producers, home hobbyists, and state and local government. So I guess I've been what can be considered an "interested lurker."

I decided to chime in today because of this post. I would hate for anyone to get the idea that all public officials are this way. I served on my community's Planning and Zoning commission, and am now currently serving on our Town Council. Cowley was first settled in 1900. Since that time the residents of this town have been able to keep farm animals on their properties in town. When the town was first settled, each family got what equaled approximately a city block. Times have changed. Parts of lots were sold, homes built, and people from other areas, like my family, moved in. We had people who weren't happy, for example, about multiple horses being kept on small lots - the odor, the noise and the flies were real issues. So our current council sat down to create an "animal ordinance" in Cowley. It was the first time a council had addressed the issue of how to maintain the traditions and flavor of this wonderful little place with an eye out for the people who didn't appreciate the problems that housing farm animals in a small town can create. It wasn't easy, but we did it. How? By including everyone in the process.

We held public meeting after public meeting. Those who owned animals in town attended every one of them. They had good ideas, we had good ideas. We blended the best of both and came up with a permit process (and the fee is not high) and an enforcement process to ensure that animals are kept in such a way that impact on neighbors is minimal. It's working well. Naturally some folks feel we went too far, others not far enough. We have the ability to modify the ordinance in public meetings to address changes and issues that may come up, but on any summer night my husband and I can sit on our deck and watch the 4-H kids walking their sheep up and down the street in preparation for the County Fair. My grandkids love to take walks and see one neighbor's new baby goats. Foals are born in the spring two blocks down. I have chickens, several others have chickens, and at any given time we might hear a couple of roosters crowing back and forth. Pens are kept cleaner and most people are no longer housing more animals than their property can support.

Please, fight this good fight! Continue to be rational, to use the RTF law to bolster your position, and rely on previous cases and your newly formed legal defense team to give people the right to raise their own food, free from chemicals, government regulation and recalls due to food borne illnesses. But I would also ask that you be cautious about painting all city and local officials with the same brush. What happened at that meeting of officials was appalling. But we are not all like that. And please remember one other thing. You have the power of the vote. Town council members are elected. That means they have to have their names on a ballot. Is there no one that you could find in your local community who supports RTF and would be willing to place their name on the ballot and run for council or P&Z? Just something to think about.

 

[wingless]

peaceofthislife, my understanding is that RTF does not protect if you are part of a HOA, but I am not a lawyer. If you join the Michigan Small Farm Council, however, we can put you in touch with a lawyer who is knowledgable about these issues. I hope you do, because helping folks like you get answers and legal help is one of the reasons we organized. You can join us here http://www.michigansmallfarmcouncil.org, and then email us with the question that you'd like us to ask the lawyers at the Farm to Consumer Legal Defense Fund, and we'll get that moving. [email protected]

RTFchickens, thanks for the update on that meeting with Kurt Schindler's group at MSU Extension. I attended the same meeting a year ago, and it was when I reported on that meeting to the Ag Commission that Director Clover Adams interceded to disrupt my public comments to the Commissioners. I heard the same thing from Kurt Schindler and MSU Extension that you heard - that basically RTF protects everyone. They noted that the Papadelis case suggests that some building structures may not be protected, and also noted that the 2012 GAAMPs Preface may reduce protection for folks in cities of over 100,000 residents - but they also noted that the 2012 GAAMPs Preface could be at risk if challenged in court.

Blooie from Wyoming, thanks for reminding us of what good government looks like! We're working hard for exactly that here in Michigan - well, that and chickens.

At the last meeting I was able to text one of our members with updates during the meetings, which he then posted on our Facebook page. We will very likely do the same for this meeting, so anyone who wants to know what is going on during the next meeting of the Agriculture Commission in real time (or almost real time) should monitor our Facebook page, beginning at about 2 pm next Monday: https://www.facebook.com/michigansmallfarmcouncil