Michigan Right to Farm Law, what does it mean?

[LyonFuzz]

This worked for me in Lyon Twsp. I also spoke with the nice folks at the Brighton hatchery and got a lot of moral support and they put the MRTFA in layman's terms for me. I live on 2 acres and got a visit from our zoning director. As soon as I mentioned the Right to Farm Act, she basically told me my set up was clean and appropriate and I handed her a dozen fresh eggs and never heard from her again. They don't want you to know, but remember that knowledge is power! In MI, it doesn't matter how big of a lot you have, as long as you practice GAMPS, which basically says you keep your animals clean, safe, and well cared for on YOUR property. I told the zoning director that I occasionally sold eggs to neighbors and that covered me there I've learned that Michigan is a very poultry friendly state. This law also supercedes all ordinances that exist...so you can't lose. Read it, understand it, and use it to your advantage Good luck!
Karen

 

[eschwaderer]

Quote:
Always the best chicken ambassador!

 

[CATRAY44]

Thank you all so much!

 

[Bluemoon420]

Be persistant, confident, and nice. They will leave you be.
Some towns might try to fight it, , but the ones that have, have lost. I had to help a friend in Taylor. It took a few months, but they gave up. I think they finally realized we were right, and there was nothing they could do about it. My friend didn't even have many hens. No rooster. She was being more than reasonable with them.

Bluemoon

 

[Nemo]

Unfortunately, there are zoning laws. Once land is annexed into an incorporated Village, Town, or City, State law says they are able to zone it. They might not be able to zone out an existing farm, but they can control whether you can create a new one.

 

[Bluemoon420]

No, the zoning laws can not override state law. This has been to supreme court many times, the most recent was 2007/2008. Our supreme court said that No town, city ordinances, or zoning laws can override state law. Most town and cities either don't know this, or don't want you to know this. Zoning issues do not apply to RTFA.

Anyone who cites the RTFA must also practice GAAMP, and have an INTENT to sell products used for human consumption in some form. Zoning boards can't interfere with State law.

I just helped a friend with this very issue. The town also tried to cite zoning laws. It didn't matter what she was zoned at. She practiced GAAMP, and within her rights. They have to leave her alone now. All citations and fines were dropped.
Bluemoon

 

[MIMedMJ]

What is being said about the protections included in the Michigan Right to Farm Act are absolutely spot on. It is the the strongest in the nation, it defines "farms" and "farmers" so broadly as to include backyard gardeners and small flock keepers and it inoculates farmers from nuisance complaints, private or public (zoning).

I know this because I am a life long farmer, a former Agriculture teacher and sat on my township Planning Board for a few years. I have considerable experience w/ the MI Right to Farm Act. More recently I've had occasion to reacquaint myself w/ it. As the director of the Michigan Medical Marijuana Association www.MichiganMedicalMarijuana.org I have been spending considerable time explaining the Right to Farm Act to various city & township officials and how it protects caregivers legally growing medical marijuana now that MI has become the 13th state to protect our patients.

 

[Bluemoon420]

Quote:

I'm glad to see you post here. I've run into a lot of MI folks who were either purposely told the wrong information, or were just misinformed from their towns/cities. I came across the MI RTFA on my own, but also ran into some folks who have had to stand their ground, and their rights.
I've lived in many places, but I have to say MI is very farmer friendly state, and want to see it stay that way. If you ever need a hand with anything please feel free to PM, and welcome to BYC

Bluemoon

 

[dw_bubba]

URGENT!!! Help Please!
OK Folks - I'm in need of some help here - I'm illegal in a Low Density Residential area. My lot is 120 x 160 and I just received a letter from the township stating that I have to deconstruct the chicken coop and get rid of the birds. Deadline is the 10th.

I found this thread and my gloomy disappointment became sheer joy when I found out about the MRTFA!

But, what steps should I take? I found several court documents detailing the 2005 and 2008 court decisions that upheld the individuals right to keep chickens regardless of the size of property or zoning ordinances in place.

Anybody who's been through this please reply here or contact me directly if you can help me take the correct actions - I don't want to blow my chance at setting things straight here in my community as there are others trying to get the zoning law to make allowances for chickens. One local guy has been in the local paper and petitioning the board for 18 months now but the township won't budge...

Any help here would be appreciated...

Thanks!

DW_Bubba

 

[Sonoran Silkies]

I would think a nice polite letter to the zoning board, city council and city attorney referencing the state law and court decisions would be starting points. You should copy the State Department of Agriculture and the State Attorney (make sure that it is obvious on your letter that you are copying them).

Point out that the ordinance is in conflict with your rights as granted by state law and upheld in court cases. Suggest (ever so gently) that you will be happy to allow your city to also be defeated in court if necessary, and point out (check to make sure this would be covered under your state laws) that court costs and attorney fees of the prevailing party are usually assigned to the losing party, and that you would certainly request this.

Make sure others who are fighting to have chickens/poultry allowed are aware of your efforts and the state law. Do realize that there has to be some effort at sales/profit. So you might want to sell a chick or chicken or some eggs. Make sure you have a bill of sale. You might also want to post a sign on your door offering egg sales or put an ad in the paper. What I am saying is DOCUMENT your farming.