Michigan Right to Farm Law, what does it mean?

[Sonoran Silkies]

First, you need to get the GAAMPS regulations for the various farming activities that you wish to protect. Make sure you comply, then schedule an inspection. Make sure to document that the land has been a small working farm since (get exact date). The tax & business side of things is further support, but not the most important as they are not part of the RTFA criteria.

 

[michickenwrangler]

Quote:
A lot of communities do. There are some areas of rural Michigan where you need 10 acres to have a horse.

I'm not as law savvy as some, but laws are interpreted as lawyers and judges (who have degrees in law unlike us peasants) and depending on circumstances can be interpreted as a number of ways.

When the MRTFA was written, likely no one expected the upswing in small scale suburban farming that is causing all the debate now.

 

[jaj121159]

Quote:
Interesting, but not all states or municipalities use that definition of an animal unit. I know that that does not match my city's definition, where one large animal is one horse or one cow or similar large animal, or two sheep or goats or similar sized animals (I'm not in Michigan, but cited as an example), and if I recall, it does not match GAAMPS as has been quoted on this thread. I think 1 animal unit in chickens is something like 2000 birds according to GAAMPS. Someone correct that if my numbers are off.

GAAMPS has 5,000 chickens equaling 50 feeder cattle or 100 chickens = 1 feeder cow. Everything is based on feeder cattle and the amount of manure an animal produces to equal the amount of manure one feeder cow will produce. Some cities are more restrictive and can get away with being less restrictive if a Animal Feeding Operation or Confined Animal Feeding Operation is not involved.

 

[Denninmi]

I still don't understand something -- if my local zoning ordinance says you must have 5 acres to keep farm animals, does the MRTFA overrule this or not?

I keep getting conflicting answers, what's the scoop?

Thanks.

 

[Sonoran Silkies]

Yes, it is overruled. Earlier in this thread you will find links to court cases. There is one ruling that specifically says that there is no minimum size.

 

[Denninmi]

Quote:
Thank you. Sorry, I'm a dummy!

Anyway, I had a very interesting discussion with a family member who is knowledgeable about business in general about all of the possible products one could sell from poultry. I don't know if everyone has contemplated this, but aside from the obvious, fresh eggs for human consumption, meat birds, and hatching eggs, chicks/poults/ducklings, etc., and juvenile or adult birds for breeding, you could also have as potential products:

Feathers for crafts and especially for fly fisherman to tie flies -- fly fisherman LOVE chicken, turkey, and duck feathers. One primary feather from a duck or turkey can fetch $1 or even more.

Craft eggs -- blown out egg specifically for craft use, like Ukrainian Easter Eggs, that sort of thing. As a "value added" thing, you could probably do as I've done in the past and offer "stabilized" eggs by injecting them with Great Stuff type minimally expanding foam for window cracks (the regular can break the egg).

Crushed and processed eggshells for use as a mineral supplement for plants (and maybe for the birds, too?)

And, also, possibly, an organic fertilizer from the droppings?

Some of these would require some more research to verify what is legal, what not, and so forth, but it seems to me that, if you're trying to make a case under MRTFA, that there are various potential products that would help to increase the justification for keeping birds on the small farmstead or homestead. For example, if the local ordinance inspector says you can't keep a rooster because it yields no eggs, you can say, "but, yes, it yields a virtually unlimited supply of feathers that fly fisherman pay me a couple of dollars EACH for"

Who knew?

 

[Sonoran Silkies]

The feathers that fly fishermen purchase are usually bought with attached skin--in other words, not molted or plucked from a living bird.

 

[Denninmi]

I found this 2010 Michigan State publication about zoning laws and RTFA:

http://web5.msue.msu.edu/lu/pamphlet/Blaw/SelectedPlan&ZoneCourt RTFA 1964-2006.pdf

 

[FreeMarketChristian]

Hello all,

My family and I have a small family farm on an acre of land in Auburn Hills, MI (Oakland County) where we raise about 20 chickens, 4 colonies of bees and tend a large garden. I have read all 26 pages of this forum and have recieved a great education.

I just have been delivered "THE LETTER" from my city. I have 7 days to cease and desist or pay $500 or spend 90 days in jail. I have been waiting for this day since before we even bought the chickens. We are new at gardens and chickens. We started with a mix of 20 Isas and Leghorn chicks in the spring. Through trial and error we learned alot and lost 9 of them. We recently found out we had 3 roosters mixed in. Neighbors don't like the roosters much so they complained.

We wanted hens for egg laying anyways, so we will switch them out. Mike and Joni at Destiny Farms, where we got them, are very good about this.

This whole issue has moved me to extend my operation next year to expand to 50 to 100 or so layers and 25 or so broilers.

I have taken the advice of many of you. My new business is called "Liberty Poultry". I thought it was fitting for the cause.

I found a law firm. There website is www.righttofarmact.com I emailed them and They are telling me that because I am zoned residential RTFA does not protect me..blah ..blah... Law firm specializes in RTFA and does not even know the statutes, law, CAse law, MSU extention writings, etc... Needless to say I won't be using them. I will hold off getting a lawyer until after my fist meeting with city supervisor or whomever I decide to meet with.

As a side note: In this economy where household budgets are tighter and tighter, the value of the dollar failing, economic collapse on the horizon, more poisons in our store bought foods, it is only natural that people will utilize their property and talent to become more self sufficient to wean themselves from the grid in order to prepare their family for the trials that may come. When big brother tells you that it is illegal for you to feed your family they way you see fit it is a crime...you know we are in tyrannical times.

Do any of you know if there is a movement in Auburn Hills or Oakland County to change local ordinance and to educate the community?

Thanks

 

[Gardeninggranny]

I am not a lawyer and nothing said here should be considered legal advice.

I just want to warn everyone that before you spend a lot of money fighting your muncipality to keep chickens that even if you win you may not get your legal costs re-imbursed. The court gets to decide if legal costs will be awarded. It is not automatic. If the court is sympathic to the muncipailty even if they must rule against them there is nothing that makes them award you legal costs. And if you fight for a long time and then the municipality drops the case and allows you to keep chickens, you very likely won't get anything you paid on legal fees back. If it is worth it to fight then go for it, but don't give yourself money problems spending money you hope will get back. Yes they are wrong to fight you with taxpayer money but that won't help you buy groceries. If you are able to do the paperwork and research etc. yourself you will be farther ahead.

Remember if your municipality addresses the issue of chicken keeping and develops some "rules" but does allow keeping chickens in some manner, then you will have to follow those rules. They are not banning farming and in all but agricultural zoning you will be stuck following those rules. For example in residental zoning they can say you can keep up to 10 hens as long as they are confined and that the coop area must be 50 feet from any property line. That would probably exclude some residents from owning chickens, but not all residents, so farming is not banned in that area, just regulated. Of course you could still fight this in court- but your chances of winning are slim. And a municipality can ask for restrictions/exemptions to the RTF act by the MDA for good reasons such as population density, proximity to hospitals, drinking water sources etc. and such restrictions/exemptions will probably be granted.

One of the best things people can do who want to make sure that they can keep chickens is to help your community develop ordinaces that deal with chicken keeping on a small scale. Bring the issue up before there is a problem, get as many supporters as you can and draft a proposed ordinace for small scale chicken keeping. Send a copy of the RTF, legal cases that have been sucessfully fought. MSU Land Use writings on the subject and any other pertinent information you can find to each person on the municipal board that will decide the ordinaces. Learn how your local government works- do you need an appointment to present something at a meeting? Be well informed, calm and friendly. Hopefully you will make everything smooth and easy for generations of chicken keepers to come.

You can always ask them whether 10 chickens in the yard next door is worse than 3 barking pitbulls.