Michigan Right to Farm Law, what does it mean?

[justplainbatty]

This also assumes that owning large amounts of property would allow you to keep animals on that property.
I often think there is little logic going into these township rules.
On my 50+ acres, I'm not "allowed" to keep ONE chicken. But if I pay $300 for a variance, they will allow it.
I call that EXTORTION!

That is extortion! Read what I said in the previous post (#17800) I mean it! many rural townships are as crooked as the day is long. The old cronies have thier own agenda and think they can get one over on "newer" residents. Check it out.

 

[justplainbatty]

Unfortunately this was all done completely legally.
There was indeed a vote, and "spot zoning" is the reasoning for re zoning me as well as the neighboring property owners. They had to change all of us or it would be considered "spot zoning"
Since it was a subdivision going in, they zoned for "densely populated residential" which the keeping of animals is not allowed.
As I said, the deal fell through, and to my knowledge the smallest parcel near us is 2 acres, and the largest is over 1,000 acres. Not what I would consider densely populated, but this is the situation... I asked to be changed back to Ag, but they said they would have to do another vote, and in their words "it will never happen"
The township also taxes residential higher then Ag, go figure.

OK. that right there (the taxes) tells you that it is agenda on the order of B.S. and that the RTF trumps the township. Period! Fight it, everyone, or soon there will be no AG left. All levels of government are corrupt beyond reason, money talks so play the game, sue with 7 "0's" as someone else said.

 

[4thechickens]

So, I am having a real hard time understanding the rules. Background: I am looking into moving to a house in Livonia that is on roughly 1/2 acre. I have less than 20 chickens. How can I legally make sure I am okay to have them there. I want to make sure I have all my info in case the man comes knocking on my door about them. Any help would be much appreciated. I tried reading the gaamp but all the legal mumbo jumbo really muddies the waters. Thanks.

 

[dportfamfarm]

4thechickens -
My understanding... Coop has to be at least 250' from nearest residential home and no more than 11 residential homes in an 1/8 mile (660 feet) from coop.

I am in a residentially zoned area and we have 2 acres. My city told me a big fat NO when mentioned chickens and ducks. I called Department of Agriculture and was told coop had to be in those peramaters for us to be good to go. We built our coop and had a represenative from Dept of Ag. come over and check the coop location, juat waiting on a letter saying we are peotected. We have had ducks for over a month and to be honest, no one has complained....yet.

If you have any questions I would try calling Dept of Ag.. They answered my questions and gave answera I could understand, I agree with the legal talk.. Made my head spin!

-Good luck!!!
---Allie

 

[RTFchickens]

I believe the magic numer is 13 houses within 1/8th mile arduous, and 250 feet or more from a not farm home.
If your neighbors are within 250 feet, but also have farm animals, your good to go.

 

[RTFchickens]

4thechickens -
My understanding... Coop has to be at least 250' from nearest residential home and no more than 11 residential homes in an 1/8 mile (660 feet) from coop.

I am in a residentially zoned area and we have 2 acres. My city told me a big fat NO when mentioned chickens and ducks. I called Department of Agriculture and was told coop had to be in those peramaters for us to be good to go. We built our coop and had a represenative from Dept of Ag. come over and check the coop location, juat waiting on a letter saying we are peotected. We have had ducks for over a month and to be honest, no one has complained....yet.

If you have any questions I would try calling Dept of Ag.. They answered my questions and gave answera I could understand, I agree with the legal talk.. Made my head spin!

-Good luck!!!
---Allie

Did you get your letter from MDARD?

 

[wingless]

I am in a residentially zoned area and we have 2 acres. My city told me a big fat NO when mentioned chickens and ducks. I called Department of Agriculture and was told coop had to be in those peramaters for us to be good to go. We built our coop and had a represenative from Dept of Ag. come over and check the coop location, juat waiting on a letter saying we are peotected. We have had ducks for over a month and to be honest, no one has complained....yet.

If you have any questions I would try calling Dept of Ag.. They answered my questions and gave answera I could understand, I agree with the legal talk.. Made my head spin!

-Good luck!!!
---Allie

I agree that MDARD will help if you meet their criteria. The problem is that the law protects a whole lot more people than MDARD will admit to. To my way of thinking, every time MDARD tries to convince an individual or a township or a municipality that someone isn't protected because they are zoned residential and are 'primarily residential', they are using their authority to deny citizens their legal rights.

So I think it is great that MDARD helped you. When folks contact the Michigan Small Farm Council for advice, the first thing we do is to figure out whether they meet MDARD's constraints, and if they do we help them engage with the Right to Farm program so they can easily go forward without further hindrance from their local government.

However, there are three things that everyone should consider, even if they are fortunate enough to be among MDARD's chosen.

The first is that there are other people who are similarly protected by what the RTF law says, but who are being disenfranchised from their legal rights by the actions of MDARD. I think state agencies should respect the authority of the legislature to enact laws and the authority of the courts to interpret them, and should not infringe on either authority. But when MDARD makes changes to the GAAMPs that add layers of restrictions on who is protected by Right to Farm (as they did in the 2012 and the 2014 GAAMPs), or when they make judgements about who is and who is not protected, they are infringing on the authority of other branches of government. For example, in 2012 MDARD told Forsyth Township that Randy Buchler's farm (zoned Lake Residential) was not protected by Right to Farm. Randy disagreed, and when the case went to court the judge agreed with Randy, not MDARD. But MDARD continues to make these judgements, and in my personal view continues to tell people and townships that certain farms are not protected by RTF when they actually are. It isn't MDARD's job (or my job) to make these interpretations, it is the job of the courts. MDARD should do GAAMPs inspections when asked, and should let the courts interpret the law to determine when someone is protected by the Right to Farm Act.

The second is that if you, Allie, are on 2 acres, you might be in a position in the future in which your property becomes both zoned residential and 'primarily residential', as new homes are built in your area. In that case, MDARD will no longer be your friend, and you could find yourself on the other side of MDARD's arbitrary line. In that case you will which either have to agree to forego your existing legal rights to engage in agriculture, or go to court to defend those rights.

And finally, I think everyone should be aware that there are townships in Michigan that are now using the new GAAMPs to develop strategies for systematically restricting agricultural rights, even in rural areas. For example, Brady Township is creating a new ordinance that aims to prevent folks in rural residential areas with 2-10+ acres from engaging in commercial agriculture. There are people in Brady Township who are doing everything they can to sound the alarm of the danger and short-sightedness of such a policy, but as far as I can tell the township is determined to continue down this path.

I don't think MDARD is done with changing the GAAMPs to try to deny Right to Farm protection for folks who are (in my view) clearly protected by the statutory language of the law, and I don't think the townships are done using those GAAMPs changes to further their own interests in asserting control over agricultural rights. This is important stuff. With 80% of Michigan citizens in "urban" areas, most Michigan citizens are on the verge of losing the legal right to grow food. And, importantly, it isn't the Governor or the legislature that is leading these major changes to our agricultural policies. Instead it is MDARD who is leading the charge to restrict agricultural rights, regardless of the agricultural mission of that agency, and regardless of what the Right to Farm Act actually says.

Wendy

 

[RTFchickens]

Wingless,
You are absolutely right. And there is power in numbers! If the city of Detroit can allow chickens, then other townships should follow their lead. And I also believe that the RTFA was perfectly clear in their intent especially when they amended the Act in 2000. I'm ready for someone to challenge this change that MDARD made.
Anyone know what happened to Sky in Detroit? Is she still fighting?

 

[JMCP53]

I agree 100 percent with you! It seems like if they are kept in a clean environment that this should be something we should have the right to do! As long as there are not Rosters waking up the neighbors or causing any disturbances, I feel we all have the right to raise chickens for the eggs! It is a great way to have a food source and in this economy it would a wonderful thing! I have a small green house for my yard and the outdoor garden and use large pots to plant Tomatoes etc. With growing food and canning it would be wonderful to have the resource of fresh eggs! This could help save so much in the cost of rising food and is healthier! Why they wouldn't allow it bothers me? Ironically, most of the land we are on was farm land less than 20 years ago! I am not sure how we all could petition this and again, it would be of course the responsibility of the owners to keep it clean and a safe place for the chickens! Its raising them for the eggs so you don't need a Rooster! Its not cruel to any animal because they aren't fertilized eggs! I think we all should have the right to find an affordable way to live eat health! So please, send me information if another vote comes up! I am in!

 

[RTFchickens]

For those of you familiar with my story...
I'm in the process of becoming rezoned from Residential (R-2) to Agricultural (Ag) where the keeping of farm animals is a permitted use!!!
So far it has passed the first vote by the planning commission, and the board has a final vote on the 22nd. Its looking like it will be approved, and I will have the blessing of the township to farm my property
Happy day!
I'll be even happier if this goes through on the 22nd.