Michigan Right to Farm Law, what does it mean?

[mcbeers]

"Storey of chicks".

A whole floor full of em! That's a lot!

 

[DReyRose]

Ok, so, I used this site as a resources but have come up with the fact that we can NOT farm chickens as indicated here, who ever, where ever, etc. The GAAMP piece that is the nail in the coffin is found in:
GAAMP 2012 Site Selection Piece.


https://docs.google.com/viewer?a=v&...&sig=AHIEtbRrN2SkK3ZsDejmn1tzwOL8yeQYsg&pli=1

You'll get to the part where it says this:


[FONT=arial, helvetica, sans-serif]Category 3 Sites: Sites generally not appropriate for new and expanding livestock
production facilities.[/FONT]

[FONT=arial, helvetica, sans-serif]New and expanding livestock production facilities should not be constructed in areas
where local zoning does not allow for agriculture uses.[/FONT]


[FONT=arial, helvetica, sans-serif]I came to this after contacting the first, my Local Ordinance which lead me to this website, and I had hope > Second, Wayne Whitman from the MDA- who seems to be, imo-VERY anti-chicken! Who told me that this website and others like it are basically full of manure about GAAMP and RTFA protection. That lead me to the State Attorney Generals office where I was given this document from [/FONT]Danielle Allison-Yokom
Assistant Attorney General
Environmental, Natural Resources,
and Agriculture Division
525 West Ottawa Street
PO Box 30755
Lansing, Michigan 48909
(517) 373-7540

[FONT=arial, sans-serif]I am VERY discouraged to say the least. I did have a legislative aide by the name of Adam Delay from my State Senators office say he would look into this more but as it stands now, it seems to be moot. Keeping fingers crossed but this is the 2012 document. Maybe they just did this from all the people wanting chickens and "The Man" is holding us down!!! IDK but it doesn't look good here. [/FONT]

[FONT=arial, sans-serif]IF ANYONE HAS ACTUAL FACTUAL LEGAL CASES OR RULINGS THIS YEAR THAT CAN HELP OUR CAUSE please, send me the information directly. [email protected] Please, not just opinion but facts here. While I do appreciate what this site has to offer in the way of encouragement, I need facts, docs, links, case info, etc. to win this. [/FONT]

[FONT=arial, sans-serif]Warm Regards[/FONT]

 

[DReyRose]

Oh, I should mention, I am in Lincoln Park, Michigan.

 

[shadygrovefarm]

Just a quick response as it's all I have time for right now. I am doubting that you are a livestock production facility, which is 50 animal units or more. That is what the site selection gaamp pertains to, I am almost certain. We are getting ready for a MRTFA case potentially in our township here in the U.P. We have a lawyer from The Farm to Consumer Legal Defense Fund. Under 50 animal units (or 5,000 chickens), GAAMP's are only recommended, not required. However, I would still highly encourage you to follow them. I am also sure that more people will respond to this, but don't lose hope yet!

 

[wingless]

I think shadygrovefarm has it exactly right; "livestock production facility" is not generic, descriptive language that describes a wide range possible farming operations. Instead, it is a legal term with a specific definition. For chickens, it refers to an operation with 5,000 or more chickens; that is, if you don't have 5,000 chickens or more, you do NOT meet the legal definition of "livestock production facility".

This was discussed at some length last summer, in a conversation on this thread between me any Your_neighbor. Back then I said that it looked to me as if the Thomason case in Ypsilanti was lost because the judge did not understand when he read the same words - livestock production facility - that he was looking at a term with a specific meaning. Your_neighbor, who was pretty vehemently anti-MRTFA, agreed with me, on that point alone! See my post, p. 44 #431, especially the 2nd paragraph, and then Your_neighbors reply, in post #438.

shadygrovefarm, best of luck with your case!

DReyRose, if you need help finding the document with the definition of "livestock production facility", let me know. I knew where it was written last summer, and expect I could find it again...

 

[DReyRose]

Correct, I am not a livestock facility. I merely want to build a coop with like 8-10 hens for eggs for my family and friends. I'll attach my email address again ( [email protected] ) if you can send me info on how to handle this. To the say the least, I'm pretty bummed because I just want some farm fresh eggs!!! I'm a bit confused as to what you are both saying here, as in, a.) the law supports me being able to do this or b.) it doesn't. I know you wrote quick responses but I think for my intelligence level, I need more explanation, LoL >


Warm Regards



DReyRose

[email protected]

 

[DReyRose]

Aaaahhhh.... Ok, you are saying Site Selection doesn't apply to me as I am not 50 or more units. Ok, my bad. Got it, calling the AG's office again then. However, what about the Wayne Whitman guy? He said this site and others are crazy, basically, and we are NOT protected by the MRTFA in any capacity. He said that local ordinance CAN zone and restrict in cities and residential areas. I said, "Well, I appreciate you saying that but the legal rulings (then I cited Papas v Shelby Twp. and the other cases) has said otherwise." He then said it just wouldn't apply. He was short, rude and as stated earlier, very anti-chicken as far as I could tell. I put another call into him and I am going to tell him I am putting him on the record as to where he stands on this. I tried calling another reference from this thread to a Jeff Neumann but the number listed was some county number and they had no idea who he was.

Thanks again....

 

[wingless]

I would send this document to the AGs office, and ask him to identify where you fail to meet the requirements for protection under MRTFA that are shown on page 2. Note that the authors of this document are experts (unlike many of us here, who are just trying to figure this out):

http://www.animalagteam.msu.edu/uploads/files/20/Tech%20Bullitin%20Land%20Use.pdf

Authors:

Dr. Patricia Norris Guyer-Seevers Chair in Natural
Resource Conservation Michigan State University

Dr. Gary Taylor Former Legislative and
Governmental Specialist Michigan State University Extension

 

[wingless]

And one other thing - as I have come to understand it, ordinances DO apply when animals are kept as pets, but DON'T apply when they are kept as part of a commercial operation. When someone makes the argument that ordinances do have substance and legal weight, I think it might work better to acknowledge the truth of that point of view in most cases (pets), but not in your specific case (commercial production).

Then the argument turns to whether or not you are commercial, which requires a different set of facts...

 

[DReyRose]

So wingless, how does this relate to me? Please be specific. See, I read it and can't relate it. How does Shelby Twp v Papas relate to me also? How can I use this in my plea?

I sent what you guys said in 404 and 405 and the AG, who yesterday told me that they didn't think I could do this, based on "Site Selection" then replied that "We can not give you legal advice but strongly recommend I talk to Wayne Whitman at the MDA." I do have a call into Wayne Whitman again, so, what can I say to him? Last week he called within two days, I do know my State Senator's office is contacting him also, per my conversation with them yesterday. I want to be prepared for sure, for when he calls. As stated before, last Friday when Wayne Whitman and I talked, he basically told me, contrary to the MRTFA and this thread, that I could NOT set up a chicken coop if my local city was zoned residential and local ordinance was against this.

I think I'm gonna take a trip up to that chicken farm in Brighton this weekend.



Warm Regards


[email protected]