SCIO township Michigan *** Let's change the Ordinance!***

[RaZ]

I'm not sure how the hierarchy of the court system works but from what I've read the Michigan Court of Appeals has made the definitive ruling.

Unfortunately, it costs a ton of money to make your case against City Hall. They count on that, don't they?

 

[wingless]

http://thomasonfamilyfarm.blogspot.com/

This dude in Ypsilanti was not protected under RTF in court...

I looked at this case last summer during a discussion of RTF on the MRTFA thread, and it seemed pretty clear that the judge in the case did not know and was not told that the term "livestock production facility" is actually a technical term that means you have a very large number of chickens (5000, I think), and that it does NOT apply to most of us. (See post 431 and others in this thread: https://www.backyardchickens.com/t/182280/michigan-right-to-farm-law-what-does-it-mean/430). I think if the judge had understood the meaning of that term he would have ruled differently, and that Thomason may well have won if he appealed.

However it is certainly the case that there is a LOT of confusion out there around this issue. Last summer I spent a lot of time reading the actual legal documents, but was never really sure I got to the end of them. This year I found a couple of documents written by professors at MSU and MSU extension, however, that summarize all of the documents and what they mean in understandable language; these documents state clearly that if you have a farm operation (chickens) and are commercial (sell any amount of eggs, chicks, feathers, compost, etc.) and manage your operation reasonably (GAAMPS), then RTF will protect you, period. No local ordinance or zoning applies. No minimum acreage required. No exceptions; If you meet the above three requirements the state specifically disallows local units of government from restricting your right to run your farm operation.

If you haven't read this, you should. And note that the authors are not political; they are professors at MSU/MSU Extension: http://www.animalagteam.msu.edu/uploads/files/20/Tech%20Bullitin%20Land%20Use.pdf

 

[yorkchick]

Hey, Scio Township here, too! We are on 10 acres, zoned agricultural, so allowed up to 40 chickens (or total of all type of fowl). When we were looking to move four years ago, really all I cared about was the livestock restrictions/zoning. Sadly, the DH had other priorities ("nicer," "newer," "not a crumbling pile-o-crap of a house," "something that won't make me puke," other highly annoying criteria...) or we never would have bought in Scio Township, or at the least not the specific property that we did. The property is mostly swamp, with maybe two acres suitable for livestock... ::sigh. And of all the township ordinances I obsessively researched, Scio's were one of the more restrictive even for land zoned agricultural. But at least I can keep my birds...

I feel your pain, though. I am a Scio resident, and I vote. Please let me know when the hearings are, and I will attend and speak up (and public speaking terrifes me, to be honest). And I'm glad to sign the petition. Have you asked about posting notices in stores and such around the township and surrounding areas? The Dexter Mill comes to mind, of course, and the TSC on Jackson Road if they allow flyers there, but any natural foods/health oriented places too, because those are people who may be especially interested in locally sourced food and healthier options for their families.

There was someone else on the Michigan thread from Scio a while back, I believe the user name was Scio Valley, but to the best of my knowledge he or she only posted a few times and it's been a while... The old version of BYC had the option to search by user name, and if that's still possible I haven't figured it out, so I'm not sure if that person can be found. That's the only other Scio person I personally know of on BYC.

PM me when you have the petition ready and when the hearings are. I would not be able to make any Monday, Tuesday, or Wednesday meetings due to work (even evening meetings those days as I work 12+ hour days) but any other days are usually open for me. Thanks and good luck!

--Susan

 

[Paully37]

I am curious who you spoke to that said RTF does not apply if you are in a residential area.

My husband spoke to the RTF specialist in the MDARD office. She said that the RTF does not trump state law. In state law it is a misdemeanor to break a land use ordinance. She said the only way to get around it is if there are some agricultural uses permitted in that non agricultural zone.
Here is an extensive report on cases that pertain to MRTFA.
There have been some cases where residentially zones cases have been successful. It seems it really depends on the judge and is a heck of a fight.

 

[Paully37]

Susan Thanks for the great ideas. I will get some fliers up if those stores will let me. I bet Dexter Mill will too.
I will also PM you when I learn more about the hearing. Thanks so much for posting!!

 

[Paully37]

Update: I just started a petition here. Please sign ONLY if you are a SCIO resident.
I started a Tumblr here. Subscribe to be kept in the know of progress getting the ordinance changed. I will also post the public hearing date as soon as I know when it will be.
Thanks for reading

 

[wingless]

My husband spoke to the RTF specialist in the MDARD office. She said that the RTF does not trump state law. In state law it is a misdemeanor to break a land use ordinance. She said the only way to get around it is if there are some agricultural uses permitted in that non agricultural zone.
Here is an extensive report on cases that pertain to MRTFA.
There have been some cases where residentially zones cases have been successful. It seems it really depends on the judge and is a heck of a fight.

Hi Paully37 -

I know this thread isn't about MRTFA (apologies!), but I wanted to reply to this comment.

One of the authors who wrote the extensive report that you provided also wrote this one: http://www.animalagteam.msu.edu/uploads/files/20/Tech Bullitin Land Use.pdf

On page 2 you'll note that it clearly shows that if you're a farm operation involved in commercial production (box 1) and follow GAAMPS (box 2 and 2a) then you are protected under MRTFA.

If you read deeper into the document you'll find this on page 6, which states pretty clearly that MRTFA preempts local ordinances that restrict it:


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.

Note that no one is claiming that MRTFA trumps all local ordinances, but that in the special cases where Michigan citizens have a farming operation (backyard chickens) that is commercial (eggs etc. are sold) and well-managed (GAAMPS), local ordinances cannot restrict that operation.

Note that I am not a lawyer, not an expert, and have not read everything about this. However, I have read a lot, and haven't found the sentence or paragraph or legal decision that supports what the RTF specialist told your husband. Take a look at the document I sent. I think you'll be surprised.

I'll also look at the one you sent. Do you know what part of that document is supposed to say that MRTFA does not protect farming operations that are commercial and well managed?

Best wishes with your chickens, and with your effort to pass a new ordinance in Scio Township.

 

[Jilliank]

I am very interested in changing the ordinance! I'll sign a petition. Let me know what we should do next

 

[family]

Hi I am also wanting to get chickens and we live in Scio Township I looked for the ordinece about chickens and I can not find it for Scio Township. I will be glade go sign a petition.

 

[family]

Hi my name is Joe and I want to get some information about changing the chicken ordinance in Scio Township. I would like to start a petition also and try this again thank you for your time.