Need help with understanding/changing laws in Harrison Twp, MI

[Danaus29]

This legislation defines "farm";
http://www.legislature.mi.gov/documents/2009-2010/billengrossed/House/htm/2009-HEBH-4887.htm
This one allows zoning;
http://www.legislature.mi.gov/documents/2009-2010/billintroduced/Senate/htm/2010-SIB-1332.htm

My recomendation still stands, get hold of a zoning attorney and/or your local zoning dept. If you do get poultry it is your local powers that be that would be the ones enforcing any regulations.

Any past cases may have been thrown out by the passing of this legislation:
http://www.msue.msu.edu/portal/default.cfm?pageset_id=160691

 

[theFox]

Yes Danaus29,

It will indeed be the local butt wipes that will be enforcing the "regulations", however they have to abide by a state law that preempts any local ordinance that has any negative impact on farming.

Just like it is the local butt wipes that sometimes discover that they just cost their jurisdiction a pile of money and the elected powers that be start dismissing (sometimes called firing) them.

Just dump a ton or so of court rulings pointing that out to them and say you are next should give them plenty of cause for concern.

 

[tasymo]

I live in a small Village in Michigan. When I decided to get chickens, and the Village Council told me they weren't allowed, I made sure the Village President checked out the Michigan Right to Farm Act. He did, and conceded that they could not keep me from having chickens. In a small town, unless you are dealing with idiots, they will usually back down rather than spend money to prove they are right. If they give you a hard time, tell them you are taking them to court, whether you intend to, or not. If you don't follow GAMPS (very common sense, easy to follow rules stated in the Michigan Right to Farm Act) then they will have something to use against you. Any self respecting Chicken keeper would follow GAMPS anyway. Good Luck!

 

[patman75]

As stated before... Michigan right to farm act trumps all.

He shoots , he scores
Game over
thanks for coming
Good bye

 

[Sonoran Silkies]

Quote:
Yes. Court rulings have upheld that the size makes no difference. "Farm" is defined within the RTFA. The links above are an amendment to an entirely different act that is at best unrelated and an act that defines local governments and grants them certain powers. Nowhere is it said that these powers override other state laws.

 

[gallinamama]

Hello NCarbary, Have you had any luck? I still think you should ask your neighbors if they would mind and just go about doing what you want. As I said I live in Macomb Township and I didn't go to the township to ask permission for anything. I told my neighbors what I was going to do and they were thrilled ;they thought it was cute. As long as you keep it neat and tidy they usually don't say a word. Let us know what happens

 

[ncarbary]

Thank you everyone for your input!! It is all very much appreciated. I will be sure to post the outcome! I think I will follow the advice of tasymo and simply ask the Township if they are aware of the Michigan Right to Farm Act and see what they have to say.

gallinamama: Hello neighbor! I have friends that live in Macomb Township - it is a nice area! My husband and I are looking for acres in Macomb County....one day hopefully

I have not asked my neighbors yet, but I plan on doing so soon. I do not think they will mind especially since (1) I do not plan on having Roosters and (2) we are currently installing a privacy fence, so they will not have to even see them.

Thanks again all!

 

[gallinamama]

That is nice. I hope everything come out ok for you. My husband has worked a lot in Harrison.. construction...he is currently working at I-94 and 21 mile tunneling. Now is the time to look because our values have dropped quite a lot. This area is so quiet. At first I didn't like it much but now I really love it. I am off of 24 near the township. It is so nice to hear from someone close to home. I will tell you that you will love the chickens.. so easy to take care of. and no noise... except for my rooster..

Quote:

 

[lmikulski]

To the OP: beware of angering your code enforcement officers.

Example: I've been fighting to have Ferndale's ordinance repealed or amended since 2008. Basically, it doesn't disallow chickens, BUT, it does state that you have to house them 150ft from any housing inhabited by people. The problem with that? Average lot size in the city is 40x110ft- effectively disallowing chickens for the vast majority of the populace. I've become a thorn in their side, bringing it up over and over again, and also citing the Right To Farm law and the standards set by the newly adopted policies in Ann Arbor and Ypsi; I just wanted to get some positive response from them before investing in the time, money, and energy of building and maintaining a coop. I've gotten nothing but negative responses.

After several rounds back and forth, I'm suddenly getting citations at my house for extremely petty things. The code enforcement officer drives past and examines my house regularly, to the point that I've feeling somewhat harassed. I have no doubt that if I had went ahead and gotten chickens, I'd receive a citation for it- and those citations carry fines, and often result in a misdemeanor charge if you don't "clear up the issue" (in this case, meaning I'd have to get rid of the chickens). You could be facing a drawn out legal battle and a lot of harassment from the city.

My experience has lead me to two conclusions:
1.) Had I never contacted the city, I could have built a concealed coop after discussing it and getting approval from my neighbors. Then, I'd only have to worry about the potential of being caught (unlikely if concealed well and you're not being "watched" by a code enforcer) and deal with the ramifications later.
2.) Since the city is already aware of my intent, I don't think I can risk blatantly disregarding the ordinance and getting chickens. Instead, I'm coordinating a process of creating awareness and educating other Ferndalians, hopefully culminating in a petition and an amendment to the law.

That said- if your neighbors are cool with it, I say do it and don't breath a word to the city. Detroiters are holding chicken races out in the open, but it's completely illegal to have them- it's just nobody has pushed for it with the city, and unless you're a "troublemaker", the city and code enforcers leave you alone.

 

[moetrout]

Chicken races?! is that what they call cock fights now?