Michigan Right to Farm Law, what does it mean?

[bugg_y2k]

Thanks for the wonderful info, I bought the coop from Destiny Mike, so I will certainly call him to ask. Ordinance office did try to tell me my coop require permit, but they dropped it after I gave them the measurement which is less then 100 square feet. When I talked to the ordinance office, they sound suspicious, seems like they just don't want to deal with this issue. Well I will heed the advice and write them, cheers!

 

[marionsimeri]

Does anyone know if the State of Indiana has a RTF act, and has anyone had any problems in Indiana (South Bend area) . My friend has been told she has to loose her 4 hens since she does not have 5 acres. Please help her to fight this stupid ordinance, or give her some advice how to change the ordinance. Thank you

 

[bugg_y2k]

Here is the 5 acre rule:

http://www.municode.com/resources/gateway.asp?pid=11741&sid=22



ARTICLE IV. R-1 THROUGH R-4 ONE-FAMILY RESIDENTIAL DISTRICTS


Sec. 400. Intent:

The R-1 through R-5 one-family residential districts are designed to be the most restrictive of the residential districts. The intent is to provide for an environment of predominantly low-density, one-family dwellings along with other residentially related facilities which serve the residentis in the district.

(Ord. No. 99-224, § II, 8-3-99)


Sec. 401. Principal uses permitted:

In a one-family residential district, no building or land shall be used and no building shall be erected except for one or more of the following specified uses unless otherwise provided in this ordinance:

1. One-family detached dwellings.

2. Farms on those parcels of land separately owned outside the boundaries of either a proprietary or supervisor's plat, having an area of not less than five acres, all subject to the health and sanitation provisions of the Township of Ypsilanti and provided further that no farms shall be operated as piggeries, or for the disposal of garbage, sewage, rubbish, offal or rendering plants, or for the slaughtering of animals except such animals as have been raised on the premises or have been maintained on the premises for at least a period of one year immediately prior thereto and for the use and consumption by persons residing on the premises.

 

[Bluemoon420]

That is the town's ordinance NOT the MI RTFA. Cities, towns, charter's, etc can not trump state law.

I saw Destiny Mike this weekend, and he was indeed cited 9 times by his township. He said he went to court ( I believe in front of a magistrate with the township official). He had printed out MI RTFA, GAAMP, and MI sumpreme court rulings ( the most recent was in 2007 ). He said he presented the court his printed papers, asked for protection under the MI RTFA. The judge then asked for 3 days to review his evidence.

He said everything was dropped after that, including the 9 citations. He hasn't been bothered since.

So, what that fellow is talking about is not the MI RTFA. Mike also told me the CITY of Ypsilanti allows 5 hens. Doesn't make much sense.

Anyway, give Mike a ring, and be persistant with the fellow because you are in the right. He is wrong.

Bluemoon

 

[Produck]

There is case law at the Michigan court of appeals that specifically states that no mater what “zone” or the size of your property that as long as you are producing farm products (eggs) and selling or attempting to sell for a profit (put a sign out that sais “Farm Fresh Eggs $2.50 a Dozen” or something of the sort) and you follow “Michigan Department of Agriculture’s Generally Accepted Agriculture and Management Practices (available on Michigan.gov) The local municipalities can not impose or enforce any law/ordinance that contradicts the Michigan Right to Farm Act.

If anyone would like me to send them the documentation Let me know via PM.

I just sent a letter to my township in response to them telling me I was in violation of there zoning ordinance and I have done hours of legal reaserch to discover that The MiRTFA covers me with my 23 birds and 1 acre of propery.

Referenced Documents
1.) Michigan Right to Farm Act (Act 93 of 1981)
2.) Michigan Department of Agriculture's Generally Accepted Agriculture and Management Practices for the Care of Farm Animals
3.) Michigan Department of Agriculture's Generally Accepted Agriculture and Management Practices for Manure Management and Utilization
4.) Charter Township of Shelby v. Vikki and Martin Papesh 6-23-2005 (Macomb Circuit Court JR., LC No. 04-003149-CZ) "Published"
5.) Woodland Hills Homeowners Association of Thetford Township v. Thetford Township and Roger Allison 5-20-2008(Genesee Circuit Court LC No. 05-081537-NZ) "Unpublished"
6.) Papadelis v. City of Troy 9-19-2006 (Oakland Circuit Corut LC No. 2005-067029-CZ) "Unpublished"

The first 3 Document are available on the Michigan.gov web site under the Dept. of Agriculture.
The case file histories can be looked up by any attorney that you may befriend....

Rob "Produck"

 

[Bluemoon420]

Quote:
Fight the good fight produck

Don't give up!

Bluemoon

 

[Sonoran Silkies]

Quote:
Posts 72 & 73 were related to Indiana, I believe, not Michigan. To the best of my knowledge, Michigan is the only state where the RTFA trumps local ordinances.

 

[Bluemoon420]

Quote:
Posts 72 & 73 were related to Indiana, I believe, not Michigan. To the best of my knowledge, Michigan is the only state where the RTFA trumps local ordinances.

Post 73 was for the Ypsilanti township in MI.

From what I was told by some folks who have been thru it. The RTFA in MI was amended in 2000 ( I think it was 2000 ) to specifically address that issue. It had something to do with a family in Shelby Township. The case went back and forth for a few years between the Township, and Supreme court.

Cities and Towns can inact their own law, but it has to go thru some very specific process in order for it to stick. Most don't or haven't.

Bluemoon

 

[AskelFarm]

I have read this forum begining to end. A few things that may come in handy that we have learned in the past 8 years farming In the U.P.

* Get a business license, what better way to show you are in Business! In Houghton County it cost $15. That is a licensing fee, and is tax deductible.

* Go to the IRS website and get your EIN, you are a business.

* Having both of these inhand, you do NOT have to pay sales tax on any item for your 'business' I am typing this on my 'business laptop'. No sales tax on feed.....ok, its a 6% discount anyway up front. Wal-mart (as well as Sams Club) gives you a card to present at the register for your T/E (Tax Exempt) items. Light bulbs for the chicken coop T/E.

* As a business keep a millage log for your vehicle. Every time you drive to the feed store, its a deduction! The tax form ask how many miles you drove for personal, and how many for business.....keep a log!

* Cell phone - yup, got one....for the business. That number is printed on the business cards.......both are deductions.

* Open a checking account in the business name.

* OK, this may be a little gray area but all of our sales are recorded. We (our family) purchases products from our farm. We do not claim to raise Just for our family, we have items for sale. All businesses sell items even to family members. If you owned a store you could just pick something up off the shelf for your self. But that item cost your business some money to aquire/grow/raise/process/package/market. Pay yourself for your eggs, meat, chicken, tomatoes.....what ever.

The state of Michigan forced us into business in a round about way. I fussed and fumed for a few days until someone pointed out a few of these items. I thought "......you know, your right....why not???".

Now I loose a few thousand dollars each year (according to the tax forms), but the bottom line is we are in business, and Michigan Right to Farm Act now applies to us 100%. No one can say a thing about it. Dust, noise, smells....all covered and perfectly legal.

If we can help others, let us know.

[email protected]


Visit our website: www.localharvest.org/farms/m19640

 

[cheraboo]

Hmmm .... interesting idea. My DH was wondering how things would work if we got a business license - if it would help our cause or be a detriment. I guess it is worth thinking about. Thanks for the post!