Michigan Right to Farm Law, what does it mean?

[matt44644]

Given that many people are being persecuted and prosecuted for raising backyard livestock, I suggest that you avoid mentioning the city or township where you live.

Some cities are trolling these pages looking for any chicken keepers that may be within their jurisdiction.

Really?If they want to bust you they can get your IP address from the website.I would think most cites and townships have better concerns then to troll BYC to bust people for having chickens.

 

[RaZ]

I would like to think that they do have better things to do. However, there are plenty of screen shots in my court file. A FOIA confirms that they do have the time to troll the threads. Especially if one is on their radar.

 

[RTFchickens]

We have had to press criminal charges against local officials for breaking the law. All because we are exercising our right to farm (which the township claimed we didn't have) until the Ag commission changed the rules, now my township has backed down.

Matt44644
Lets do a "what if" scenario...
Imagine your township got a request to change your zoning from Ag to Res because your farming neighbor decided he simply didnt want to farm any longer. He listed his property for sale at fair market value. Mr Joe Developer decided that he can triple his investment on your neighbors land if he turns that farm into a subdivision! Due to "spot zoning" regulations, the township cannot change just that one farm into Residential, so they are re-zoning all farms within 2 miles as Residential. So, the township holds a meeting. They post the meeting time in the local paper, and take public comment from all residents in the township who wish to speak. 20 people show up. 15 residents object to the zoning change. Joe Developer, and 4 other future suburbanites want the change so they can live in the new up and coming development. The board votes in favor of the change stating that the change in zoning is good for "moving the area forward" and creating a family friendly environment. Now, for arguments sake, this township has never allowed for the keeping of farm animals in Residential areas. So luckily the state of Michigan has the Right To Farm Act, so you breath a sigh of relief. Until Joe Developer puts houses right next to your crop line, or cow barn. Now you want to expand your operation, but you can't! Because 1. You are zoned residential, and 2. You have more then 13 houses thanks to Joe, and less then 250 feet between your row of corn where you spray fertilizer, and the suburbanites house.

Welcome to my world where my neighbor with over 1,000 acres, and myself with over 50 acres are not permitted by our township to one ONE farm animal.

 

[matt44644]

We have had to press criminal charges against local officials for breaking the law. All because we are exercising our right to farm (which the township claimed we didn't have) until the Ag commission changed the rules, now my township has backed down.

Matt44644
Lets do a "what if" scenario...
Imagine your township got a request to change your zoning from Ag to Res because your farming neighbor decided he simply didnt want to farm any longer. He listed his property for sale at fair market value. Mr Joe Developer decided that he can triple his investment on your neighbors land if he turns that farm into a subdivision! Due to "spot zoning" regulations, the township cannot change just that one farm into Residential, so they are re-zoning all farms within 2 miles as Residential. So, the township holds a meeting. They post the meeting time in the local paper, and take public comment from all residents in the township who wish to speak. 20 people show up. 15 residents object to the zoning change. Joe Developer, and 4 other future suburbanites want the change so they can live in the new up and coming development. The board votes in favor of the change stating that the change in zoning is good for "moving the area forward" and creating a family friendly environment. Now, for arguments sake, this township has never allowed for the keeping of farm animals in Residential areas. So luckily the state of Michigan has the Right To Farm Act, so you breath a sigh of relief. Until Joe Developer puts houses right next to your crop line, or cow barn. Now you want to expand your operation, but you can't! Because 1. You are zoned residential, and 2. You have more then 13 houses thanks to Joe, and less then 250 feet between your row of corn where you spray fertilizer, and the suburbanites house.

Welcome to my world where my neighbor with over 1,000 acres, and myself with over 50 acres are not permitted by our township to one ONE farm animal.

I hear you.My original post wasn't directed towards you or any one person in particular.

 

[Living the Simple Life]

Quote: While your original post wasn't directed at anyone in particular, unfortunately generalized responses don't work in this situation. We live on the farm that my grandparents purchased in 1931. Since that time there have been intensive farming activities (ie. up to 1000 broilers raised at a time), family farm activities, minimal farming activities (ie. mowing for hay only), a period of no farm activities, and now small homesteading activities. During these years, the zoning was changed from ag to residential. We are actually on two parcels which are abutted to each other. The main farm parcel is separate from the house parcel. Per township regs, we are not allowed to have any type of farm animals and we cannot build a barn on the farm parcel because there isn't a house on it (don't even ask the logic of that one...we have a local business with commercial property who wanted to put up an additional pole barn and was denied because there wasn't a house...never mind the HUGE commercial building out of which they were doing business). We just clunk along doing our farming thing, but could eventually run into an issue with ordinances. We are completely confident in our RTF coverage as we are grandfathered in, as well as meeting GAAMPS zoning of less than 13 houses (we are currently moving our coop to ensure the 250' reg). There is a 10+ acre parcel of land that runs right beside ours that is still zoned ag. All it would take is someone to complain and we would have a huge headache...while we would prevail, it would still cost much time, energy and resources.

 

[matt44644]

While your original post wasn't directed at anyone in particular, unfortunately generalized responses don't work in this situation. We live on the farm that my grandparents purchased in 1931. Since that time there have been intensive farming activities (ie. up to 1000 broilers raised at a time), family farm activities, minimal farming activities (ie. mowing for hay only), a period of no farm activities, and now small homesteading activities. During these years, the zoning was changed from ag to residential. We are actually on two parcels which are abutted to each other. The main farm parcel is separate from the house parcel. Per township regs, we are not allowed to have any type of farm animals and we cannot build a barn on the farm parcel because there isn't a house on it (don't even ask the logic of that one...we have a local business with commercial property who wanted to put up an additional pole barn and was denied because there wasn't a house...never mind the HUGE commercial building out of which they were doing business). We just clunk along doing our farming thing, but could eventually run into an issue with ordinances. We are completely confident in our RTF coverage as we are grandfathered in, as well as meeting GAAMPS zoning of less than 13 houses (we are currently moving our coop to ensure the 250' reg). There is a 10+ acre parcel of land that runs right beside ours that is still zoned ag. All it would take is someone to complain and we would have a huge headache...while we would prevail, it would still cost much time, energy and resources.

My post was a basic simplified definition to the thread title.People twist it into something it is not.Your situation is beyond my control.I didn't write the act, So when someone who lives in Dearborn wants to complain that they can't have animals or have people live in their garage they should check their zoning laws before they move there.You and the rtfchicken sound like you have a legitimate concern,but it isn't my fault .But that is the basic definition

 

[RTFchickens]

It's strange to come to this point. The nuisance protection we need through the RTFA is most often a nuisance to the township, not neighbors... Not exactly what the act was intended for in the beginning, but this is what its turning into. Our local government is out of control. As I mentioned in a previous post, it had turned criminal. Our local official's probation has recently ended, and I'm back to fearing for our safety. Whats next? I don't know... But I lose sleep at night knowing my hard earned tax dollars are paying their salary!

 

[wingless]

My post was a basic simplified definition to the thread title.People twist it into something it is not.Your situation is beyond my control.I didn't write the act, So when someone who lives in Dearborn wants to complain that they can't have animals or have people live in their garage they should check their zoning laws before they move there.You and the rtfchicken sound like you have a legitimate concern,but it isn't my fault .But that is the basic definition

Matt, in your original post you said this:

"The right to farm means you can't move to the country and complain that you can smell cow manure from the farm next door .If you live in a " Residential"
zoned area the law doesn't apply to you.I live in an "agriculture" zoned area so someone can't build their McMansion next door and complain that they smell poo
or that when i cut down 300 acres of corn that their car got dusty."

And that statement would have been true in 1981 when the law was first passed, and would have been true almost all the way through 1999. But at the end of that year the law was amended after a contentious and rancorous debate, to take away the right of local governments to regulate farms, when they meet Right to Farm criteria. No where in that amendment did it say that that change only applies to certain farms, and so it applies to all farms. Anywhere. Not sure that is true? Take a look at Papadelis v City of Troy, or Shelby Towhship v Papesh, or Rothbury v JJ Resort, or Buchler v Forsyth Township. Each of those is an example of a residential farm that claimed Right to Farm protection and won. All of those cases, and others, are here:
http://sustainablefarmpolicy.org/the-courts/

 

[matt44644]

Well i guess i'm a bad poster, unfortunately this site doesn't allow you to delete a comment,Sorry for my mistake.I wasn't trying to attack anyone.

 

[RTFchickens]

Matt44644
This is not a personal attack on you. Your perception of the Right To Farm Act is the norm.
Unfortunately there are many people including myself who feel slighted to say the least when it comes to recent changes to the site selection GAAMPS. We have local officials over regulating, to the point of criminal activity. One BYC member has been charged with, and found guilty of criminal chicken keeping! As I mentioned in a previous post, a local official violated my rights to the point of criminal activity. When the police showed up, he wanted me arrested for owning chickens!!! Like I mentioned before, he was the defendant and found guilty of criminal activity against us. (The kicker...he kept his job!) I continue to pay his salary through taxes.
As you can see, this is a hot button topic that many of us feel passionately about. Some people on here know my whole story, and I know theirs. We know where each other lives, and their real names. Unfortunately as Raz posted, the powers that be actually monitor this site and use our posts as evidence against us. Similar to FB threats being used in swatting etc. what you post can be used against you.
I hope that you don't perceive my posts as an attack, but informative. What is happening to us can and is happening to farmers all over Michigan.