Michigan Right to Farm Law, what does it mean?

[dsp]

Quote:
Bigpeep your wrong. I guess it might be the case in IL...but here in MI we are protected by the right to farm act.
The cock fighting thing was in OH....I have no clue what their laws are. But I am sure in OH they do not go by the Michigan Right to Farm Act...which gives us protection if we follow GAAMPs

Livestock Production facilities are confined to Zoning laws...small farms are not.

read....

Sec. 3. (1) A farm or farm operation shall not be found to be a public or private nuisance if the farm or farm operation alleged to be a nuisance conforms to generally accepted agricultural and management practices according to policy determined by the Michigan commission of agriculture. Generally accepted agricultural and management practices shall be reviewed annually by the Michigan commission of agriculture and revised as considered necessary.

and I am not sure cocks for fighting would be considered a "farm" product....

(c) “Farm product” means those plants and animals useful to human beings produced by agriculture and
includes, but is not limited to, forages and sod crops, grains and feed crops, field crops, dairy and dairy products, poultry and poultry products, cervidae, livestock, including breeding and grazing, equine, fish, and other aquacultural products, bees and bee products, berries, herbs, fruits, vegetables, flowers, seeds, grasses, nursery stock, trees and tree products, mushrooms, and other similar products, or any other product which incorporates the use of food, feed, fiber, or fur, as determined by the Michigan commission of agriculture.

but of course I am no attorney or anything

and...
6) Beginning June 1, 2000, except as otherwise provided in this section, it is the express legislative intent that this act preempt any local ordinance, regulation, or resolution that purports to extend or revise in any manner the provisions of this act or generally accepted agricultural and management practices developed under this act. Except as otherwise provided in this section, a local unit of government shall not enact, maintain, or enforce an ordinance, regulation, or resolution that conflicts in any manner with this act or generally accepted agricultural and management practices developed under this act.

 

[BigPeep]

Again, if you read the opening sections of this Act, it is framed as a "nuisance" shield law. I believe that was the intention and it was not intended to preempt or trump any local zoning ordinances. Otherwise, everyone could have chickens or whatever they want in the middle of every city in the state, regardless of their zoning. The last section you quoted needs to be read in the context of the initial language of the Act, which relates to Nuisance suits. This is entirely separate and distinct from ZONING. If you don't have the correct underlying zoning, I don't think the Right to Farm Act applies to you, although some inartful language was used towards the end which could be so interpreted if read in isolation. The courts may wind up deciding this but that is my read. You can try to use it if you get in trouble and may succeed in confusing some local officials, but if they dig in their heels and litigate it, I think the zoning restrictions will be upheld. How much do you want to spend in legal fees?

 

[vicki2x2]

Just curious Big Peep, have you read through all the pages in this thread? Because there have been people who have gone to court, case law stated, etc and I am surprised your take is different than everyone elses on here still. People have challenged it, even in the city of Ann Arbor and won. Other lawyers, here in Michigan, are involved, representing these clients.

 

[dsp]

Quote:
exactly! there are many many people that have challenged this and won in court.
here is one case as an example....

2005 Court: Michigan Court of Appeals (267 Mich. App. 92;
702 N.W.2d 92 (2005)) Case Name: Shelby Township v. Papesh (Macomb
County) Defendants purchased just over one acre of property
in Shelby Township in 1995. A farmhouse and two chicken coops were located on the property. Area surrounding the property was largely undeveloped and, at the time of purchase, farming was a permitted use. However, the local ordinance required a minimum of three acres for a farm. In 1996 defendants began raising chickens in the existing coops. By 1998, surrounding area began to be developed, large homes were built near and adjoining defendant's property, and neighbors began to complain about the poultry operation. In 2004, several neighbors filed a petition with the township requesting that it investigate the operation and suggested that odor and noise were a nuisance. Township then filed complaint with court arguing operation was a negligent public nuisance, a public nuisance in fact, and a nuisance per se (in violation of zoning ordinance). It also alleged that the operation was not in compliance with Generally Accepted Agricultural
Management Practices (GAAMPs). Trial court concluded that the operation was a nuisance under the ordinance. It also concluded that the Right to Farm Act (RTFA) was inapplicable because the sales on the farm “did not rise to the level required for the RTFA to even apply until at the earliest the year 2000 and perhaps the year 2003.”
Court of Appeals reversed and remanded. Court of Appeals concluded that the ordinance was preempted by the RTFA.
“The ordinance conflicts with the RTFA to the extent that it allows plaintiff to preclude a protected farm operation by limiting the size of a farm...Any township ordinance, including a zoning ordinance, is unenforceable to the extent that it would prohibit conduct protected by the RTFA.”
The remand was to determine whether the poultry operation was commercial in natural and in compliance with GAAMPs.
“If defendants’ farm is to be protected by the RTFA, it must be also engaged in breeding, raising and selling poultry for commercial purposes as well as being in compliance with the appropriate GAAMPs as determined by the [Michigan] Commission [of Agriculture].”

 

[49erjohns]

Can anyone tell me the name of this hatchery in Brighton, Michigan that everyone is talking about in the first few posts? I live in Hamburg, Michigan and the town hall says I need 10 acres to have poultry. How can I raise turkeys on one acre? JOHN

 

[aims1029]

Quote:
I believe you're talking about Destiny Farms.



I've lurked here for awhile and thought I should join. My family was interviewed by the Free Press on Friday and here is a link to the story that was in the paper this morning. http://www.freep.com/article/20101121/NEWS05/11210612/1322/Madison-Heights-may-allow-backyard-henhouse-after-all

Also, does anyone know of a lawyer in SE MI that is knowledgeable on the RTFA? We received our 1st citation in June telling us we had 10 days to remove our chickens and coop. I took a letter straight to the city manager stating that we were a farm, sold some eggs and kept some eggs, followed GAAMPs, etc. and I attached a copy of RTFA, GAAMPs, and court cases. We didn't hear anything until a week ago Friday. I'm not sure what will happen when the 10 days runs out on this new citation and I'm not sure what our next step should be.

 

[dsp]

We went throught the same thing with our city. We hired an ag lawyer from Caro. He just talked to the city for us. The city is just trying to bully you to make you comply. We contacted our state rep and state senator, to our surprise, they agreed with us and contacted the mayor on our behalf. The mayor asked our state rep to have the Att. Gen make a ruling on this law.

This started with us in May. No new citations for us. We talked to Archie in Milford about this same subject last week. It sounds like you are doing everything right. You just need to make your city comply with state law.

Good luck,

Dave and Mary.

 

[hopsalong]

hopsalong
New Egg
Registered: 12/18/2010
Posts: 1
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Michigan Right to Farm Act
Hi All. We're new to the site. We seek advice and information from those of you who are undoubtedly far more knowledgeable on this subject than us. We are currently involved in some rather nasty litigation regarding our attempt to establish a hops farm on a piece of vacant land in north oakland county. The land is zoned residential/agricultural, and farming is permitted under the ordinance. We are posting on your site because it appears the issues are the same--the local authorities believe the posts etc necessary to grow hops are a nuisance, and we are wondering how to use Michigan's Right to Farm Act to our advantage. We are wondering whether any of you have any suggestions regarding how to get a GAAMPS designation, as it appears this may afford us some protection from the constant interference we are experiencing from the authorities. Hops are unusual in these parts, and we believe that is part of the reason the we are having such difficulty.

We look forward to reading your responses!

 

[mamarosa]

I have a friend in macomb county mi, she can not have chickens because the township ordence says you have to have 3 arcres of land
in order to use the Right to farm act. Although Mi has this law, the township has juristiction over this rule, there was a couple in the area
who tried to use this act and the township over ruled. They lived on a 100 x 300 foot lot and they had neighbors letters stating the chickens
were clean and no smell or sound problems. But the township ruled and they had to get rid of their chickens. I don't think people really
understand that if you keep the pen clean there is virtually no smell and they are a quiet animal alot quieter than most barking dogs in the
neighbohood. Go figure.....good luck, maybe oakland county is different...check with your township....

 

[vicki2x2]

No township can trump state law, they are wrong or trying to pull the wool over your friends eyes. This has already been tried in court and won, as long as they meet all the requirements, GAAMPS, etc.