Michigan Right to Farm Law, what does it mean?

[jefpaul]

Policeman just delivered violation of ordinace to me!!!12 CHICKENS MUST BE REMOVED!! Section 402 village of saint charles,mi. signed by code enforcement officer..What should I do.A guy 3 blocks away from me has chickens.I checked ordinances online before did'nt see 402, 12.Any help on what I should do first?

 

[AskelFarm]

Read this forum. Educate yourself as to Michigan law (all found in this forum). All the info you need is here. Every aspect concerning zoning etc is contained in this forum.

Slow down and take a deep breath........the law is on your side.

 

[shadygrovefarm]

jefpaul...read the entire forum to start, as already suggested, but do educate yourself on the Michigan Right to Farm Act as well as your local zoning/ordinances. Go in and ask them for a copy of their chicken ordinance and find out when it was written and "enforcable". Do you sell any eggs or chicks? Also, read post 100 and click on the link that I posted. It's quite interesting to see what the T.C. city attorney says about the MRTFA and what a person needs to do to be considered a "commercial farm". Hope this helps. There are a lot of people on here that know their stuff. I am going thru the same type of b.s. with our township. Good luck.

 

[jefpaul]

Section 402 par,12 supplementary use regulations, looks like nov,8,1995. At the bottom it says general provisions april,11,2007. They sent copies with notice of violation by officer.Yes eggs and sometimes chicks or hens sold here.Advertised locally.

Village has web page with ordinaces on it,but I did'nt find anything pertaining to chickens when I firsted looked.Thats what I was thinking,That they might say I'm not commerical.I'm planing to send copies of MRTFA along with a letter stating
that I am indeed a farmer (i.e.I raise chickens and sell their eggs) and plan on seeking refuge under the michigan right to farm act.By cetified mail. I have to admit I'm a little unsure,scared,terrified...LOL.

 

[AskelFarm]

jefpaul: I personally feel you are on the right track. Of course, I'm not a lawyer, just a farmer. I would like to think that a 'nice' letter along with copies of the references (ie: MRTFA, and court rulings) by certified mail would be the first sensible choice. I look at thing like this as we are all farmers, and farmers are known for their cool, calm, sensible, neighborly approach. That would be my first step anyway.

The law is clearly on your side. I dont believe (as a farmer) we need to stoop to the 'big gun' tactics of even our local government. So far the farmer has come out on top. No reason to think it wont be the same for you.

Hope this helps,

[email protected]

 

[shadygrovefarm]

Jefpaul...Askelfarm has a lot of good advice and it appears as though, has been down this trail before or knows folks who have been. Go with that advice for sure. Did you read the article in post 100 that I put up the link for? Might not hurt to send that along either, with the portion highlighted where the T.C. city attorney admits that the MRTFA protects commercial farmers. Do you have a paper trail of egg/chick sales? i.e. - I sell to the local food co-op and have over a year's worth of invoices. Good to have a paper trail to prove commercial or not. But as suggested before, do be "nice". People generally respond much better to kindness.

 

[jefpaul]

Yes I did shady, Also emailed to city manager.good post

 

[eldenbrady]

If your local extension agent is telling you that local ordinances trump right to farm either ignore it or ask him or her to cal Kurt Schindler in the Wexford Office (http://web5.msue.msu.edu/lu/) he is one of the folks in extension that knows right to farm best. However, that being said he is not an attorney and will not give you legal advice, you can try to find a local attorney who will represent you on contingency (if you win in court under RTF the other side - usually - has to pay your legal fees)

 

[jefpaul]

VILLAGE OF SPRNG LAKES,MI.

CONCIL MEETING MINUTES.....QUOTE


Linda Albonico asked if the Village Attorney had reviewed the Right to Farm Act and whether it impacted this issue. She stated that Traverse City and Ypsilanti found that the Right to Farm Act would allow chickens.

 

[shadygrovefarm]

Township meeting tomorrow night with the township board/township supervisor. We are going to try and get them to give a 1 year reprieve so that we can form a committee to rewrite the zoning/ordinances to make "urban agriculture" work for certain parcels that meet the criteria that will be set forth. Would rather work together with them instead of having to battle. Hopefully it all works out!!!