Michigan Thread - all are welcome!

I need some clarification on just what GAAMPS is or isn't. Are the guidelines in the GAAMP considered law? Is GAAMP certification necessary to own a farm? What are the penalties for not having certification? Is GAAMP tied,in what way, to the right to farm act?
Its my understanding that GAAMP only applies if you make money with your "livestock",i.e. sell eggs,chicks, chickens, or meat. Is this right?
If so, then we need to broaden our scope to encompass chickens as a "right" within the city or anywhere else, as long as they comply with existing noise , smell, and other applicable ordinances. As I see it, it would be constitutional to ordinance against foul smell, drawing nuisance varmits, and excessive noise, because they infringe on the rights of neighbors, but to outlaw the owning of chickens per sai (?) infringes on the individuals rights ( and has nothing to do with anyone else) and without actual violations wouldn't be constitutional. I believe that GAAMPS is only a small part of our problem, the big part is attacking the infringement on our rights.
The GAAMPs are the guidelines that farmers can use to follow the actual law. They are not legally binding as a statute, as I understand it. But then again I am not a lawyer.
Having said that, the law is quite clear, "(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.
"


The "intent" of the legislative act (the law) is to afford a farmer an affirmative defense against nuisance complaints. The law provides a defined method for a community to bring action against a farm regarding odors, environmental mis-use, or other violations affecting animal welfare or social complaints. It also allows for a local government to enact specific ordinance as long as they follow the law as described. It is interesting to note that not one single community in Michigan has ever used this aspect of the law.

The GAAMPs are meant to provide a measure of assurance that the farm is in compliance with the most recent science for protecting animal welfare and environmental protection. That is why they can be reviewed each year to help establish the best practices. This is supposed to be fact-based, sound science based on actual research and data. The problem is that aspect is not clearly defined by the law or the committees that review the GAAMPs.

So now we are faced with a change that is rooted in a social exercise that is "zoning". A non-scientific notion based on opinion rather than fact. A political agenda being furthered as "law" and supported by those who want to dictate who can use that law. Essentially, they want to make the law available to only select operations and NOT for the benefit of ALL. MDARD seems to be supportive of this. MDARD refuses to consider that small farms are viable commercial operations within the state.

In my opinion, unless your farm is a CAFO you can't get any support from the Ag Department. You may be at the mercy of your local government and what you can do on your own property. Meanwhile, CAFOs and Big Ag Business are becoming self-certifying and are dictating what can be produced and by whom.

I'll leave you with one last thought. The director of MDARD and the Agriculture Commissioners have gone on record as saying that they are too busy to properly administer the job that they were appointed to. They are recommending a reduction of the meetings wherein the public can comment on and looking for a way to skirt some of the transparency protocols currently in place.
 
Total bummer tonight. Strutter passed away... The girls that were with him are still showing no illness. Still fat and healthy... He was so big an beautiful and never balded a hen, made a bare back. Just a really chill rooster. The type you want... Bummed. Totally freaking bummed.
 
really, really short version for any one i have lost with this: :p

Are you zoned ag? No? no chickens.
Yes? Than do you have more than 13 houses
in a 1/4 mile radius from your house?

No? Than you are probably safe. You don't have many neighbors. You are a zone 1 or 2
Yes? than you are category 3. You MAY be suitable to have chickens.

.....................................................................................................................................................................................
recap :
category 1 has you with 5 or fewer non-farm houses in 1/4 a mile radius from your house, zoned ag "great, have all the chickens you want"
category 2 has you with 6-13 non-farm houses in a 1/4 a mile radius from your house, zoned ag "great, have all the chickens you want"
category 3 is 13 or more non-farm houses in a 1/4 mile radius, plus it's zoned ag. "uh-oh....... we gotta ask."
category 4 is "absolutely no farm animals . Period." you own a property that is zoned residential only.
 
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Quote:Originally Posted by RaZ See, but you would not be fighting your case if they weren't using them against you as an act, which is like a law but bigger. Remember, they have delayed your main case for until this is passed? They need this to come into effect to use the gaamps/rules against you. They are cheating by using 2014 rules to decide a 2013 case! You must've cornered them and they couldn't win the case without the new rules in effect.

These gaamps are everything, and will supercede local laws if my understanding of acts is correct. They are like "super laws". The gaamps govern who the "right to farm act" applies to, and right to farm will apply to everyone owning farm animals if the 2014 draft passes as-is even if it's only ONE. Hence my fury.

It would not be fury if it didn't at the very least protected small farms. All they did was stick us on it and strip what little rights we had before.
 
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Nova, i'm so so sorry
hit.gif


I don't have your number on me, i'm at DH's.
 
really, really short version for any one i have lost with this: :p

Are you zoned ag? No? no chickens.
Yes? Than do you have more than 13 houses in a 1/4 mile radius from your house?

No? Than you are probably safe. You don't have many neighbors. You are a zone 1 or 2
Yes? than you are category 3. You MAY be suitable to have chickens.

.....................................................................................................................................................................................
recap :
category 1 has you with 5 or fewer non-farm houses in 1/4 a mile radius from your house, zoned ag "great, have all the chickens you want"
category 2 has you with 6-13 non-farm houses in a 1/4 a mile radius from your house, zoned ag "great, have all the chickens you want"
category 3 is 13 or more non-farm houses in a 1/4 mile radius, plus it's zoned ag. "uh-oh....... we gotta ask."
category 4 is "absolutely no farm animals . Period." you own a property that is zoned residential only.
Nice recap.
Except that it missed an over-looked wrinkle.
A 1/4 mile is 1320 feet. A livestock facility (coop) has to be 1500 feet from the property line if you do not have the minimal animal units as described.

Now consider that an acre is about 208 x 208 feet. Basically, you need more than a 1/4 mile on each side as well as front and back to have a coop.
 
Total bummer tonight. Strutter passed away... The girls that were with him are still showing no illness. Still fat and healthy... He was so big an beautiful and never balded a hen, made a bare back. Just a really chill rooster. The type you want... Bummed. Totally freaking bummed.


Aww. Sorry about that. :(

What breed was he?
 
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Total bummer tonight. Strutter passed away... The girls that were with him are still showing no illness. Still fat and healthy... He was so big an beautiful and never balded a hen, made a bare back. Just a really chill rooster. The type you want... Bummed. Totally freaking bummed.
Sorry about Strutter Nova..always disappointing when you lose one you like.

Unfortunately, I'm a category 3............ but I'll be dam Ned, if I'll ask permission to farm!


Calling it done for now.. still have a spot to tweak and to seal it. (just a temp frame). Hope someone bids on it so it was worth my time! LOL!
 
Oh, that's gorgeous. Sigh. I'd bid! :)

Raz, I'm pretty sure the setbacks were from "livestock PRODUCTION facilities" I haven't seen any rules about livestock facilities except possibly eliminating for category 3 and ruling them out in zone 4. In fact, it is so vague idk what they really want with this.

I get the feeling that unless your neighbors complain you won't be chased down in category 3; but if they do.........

Aaagh. Poor eyes. I'll re-read. I really need to print off a hard copy and bring it to work. My machine is slow, i have lots of captive thinking time. :/ http://www.michigan.gov/documents/mdard/2014_DRAFT_SITE_SELECTION_GAAMP_443917_7.pdf
 
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See, but you would not be fighting your case if they weren't using them against you as an act, which is like a law but bigger. Remember, they have delayed your main case for until this is passed? They need this to come into effect to use the gaamps/rules against you. They are cheating by using 2014 rules to decide a 2013 case! You must've cornered them and they couldn't win the case without the new rules in effect.

These gaamps are everything, and will supercede local laws if my understanding of acts is correct. They are like "super laws". The gaamps govern who the "right to farm act" applies to, and right to farm will apply to everyone owning farm animals if the 2014 draft passes as-is even if it's only ONE. Hence my fury.

It would not be fury if it didn't at the very least protected small farms. All they did was stick us on it and strip what little rights we had before.
I'm afraid that I have to disagree. The "law" is describe as an Act. The right to farm is PA93 of 1981 (MICHIGAN RIGHT TO FARM ACT
Act 93 of 1981) as amended by (PA 94, and including PA 100, of 2010). The "law" is clear, black and white legislation. The muddy areas are the interpretation of how the law is adjudicated based on guidelines such as GAAMPs.

That is why the proposed changes are so onerous. It leaves the interpretation at the mercy of local courts and ordinances. Both have a history ignoring state and federal law, claiming self-governance. The irony is that local governments want to be autonomous while denying that same right to a citizen.
The other thing is that my case was adjudicated some time ago and I was denied the opportunity to use the RTFA based on the judge ruling that my case was "criminal" rather than "nuisance" in nature. He made that very clear to the jury and left them no opportunity to even consider RTF as a defense.
 

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