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SouthEast Michigan: Where can you raise chickens and where can you not

Discussion in 'Local Chicken Laws & Ordinances (and how to change' started by leasmom, Jul 30, 2008.

  1. gotchooks?

    gotchooks? Out Of The Brooder

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    Jul 17, 2008
    Southeast Michigan
    Here's a link to the MI Right to Farm Act.

    http://www.legislature.mi.gov/(S(ql...me=mcl-Act-93-of-1981&query=on&highlight=farm

    Read it for yourself and see how it relates to your own personal situation.

    And this tidbit about the MI Right to Farm Act as it pertains to LOCAL CODES and ORDINANCES is interesting.

    (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.

    I printed out my rights and I haven't been bothered again about my chickens. I practice GAMPS. I am mindful of my neighbors...I keep a clean coop folks!

    ***EDITED to add***

    Whoops! The link takes you to a page with search boxes. In the 4th box titled "MCL Key Word Search" type in "Right To Farm". It should be the first link.
     
    Last edited: Feb 2, 2009
  2. Brokenegg

    Brokenegg Out Of The Brooder

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    Oct 20, 2008
    Gotchook's, You are right, everyone in michigan, should read that one And you also must sell an egg or a chick, Commercial in nature....
    Chooks, tell The hubby We miss him, Jerry, come Home!!!!
     
  3. tcjim

    tcjim New Egg

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    Feb 28, 2009
    There are several court cases that can be used to get around the local ordinaces in Michigan under the Right to Farm Act (RTFA).

    1. Court: Michigan Court of Appeals (Unpublished13 No.
    268920 (2006))
    Case Name: Papadelis v. Troy (Oakland County)

    In this case the Court of Appeals stated:

    “A farm operation that conforms to generally
    accepted agricultural and management practices is
    entitled to the protection provided by the RTFA
    without regard to the historic use of the property
    in question

    2. Court: Michigan Court of Appeals (267 Mich. App. 92;
    702 N.W.2d 92 (2005))
    Case Name: Shelby Township v. Papesh (Macomb
    County

    In this case the Court of Appeals stated:

    “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."

    3. Court: Michigan Court of Appeals (Unpublished11 No.
    246596 (2004))
    Case Name: Village of Rothbury v. Double JJ Resort
    Ranch (Oceana County)

    In this case the Court of Appeals stated:

    “Because an ordinance provision that only
    permits single family dwellings, playgrounds, and
    parks would prohibit farming operations, the
    ordinance provision conflicts with the RTFA and
    is unenforceable.”

    Hopefully these will help you with the local zoning

    If you want more info on these goto:

    http://web5.msue.msu.edu/lu/pamphlet/Blaw/SelectedPlan&ZoneCourt RTFA 1964-2006.pdf

    [​IMG] best of luck tcjim
     
  4. CedarWaxwing

    CedarWaxwing Out Of The Brooder

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    Mar 6, 2009
    SW MI
    Hi all,

    I'm new here! I live in Grand Rapids, MI and for YEARS we have wanted chickens, but we live in the city and since the ordinance said no "farm animals" that we were SOL.

    I am really excited to hear about the MI Right to Farm Act! Has anyone in MI with city ordinances forbidding chickens ever been forced to get rid of them? If you show them the MIRtFA do they back down?

    I am getting all excited here!
     
  5. tcjim

    tcjim New Egg

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    Feb 28, 2009
    What is the ordinance in Grand Rapids say about having chickens? If it violates the RTFA it is illegal and there for unenforceable. I would let the code enforcer know it violates the state law. My guess is that it does and I would point that out before I brought chickens home. Make sure that you bring the appropriate court cases and laws with you to back up your case.
     
  6. Feathers Acres

    Feathers Acres Chillin' With My Peeps

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    May 31, 2008
    Michigan
    Quote:I found that hard to believe, considering im in Clinton Twp. and im not allowed to have them and in Detroit cock fighting is illegal, so chickens are not allowed altogether. If your in my area and think we should be able to raise chickens, we need to make a group or something because its outrageous that only 10 miles away in Chesterfield they have all the farm animals in the world! I cant be in 4-H because of this! and im only 30 minutes from Armada also, again all the farm animals in the world
     
  7. Feathers Acres

    Feathers Acres Chillin' With My Peeps

    997
    0
    139
    May 31, 2008
    Michigan
    Thank you for that information! I will surely use RTFA if the township ever bothers me. Glad to if I ever get introuble with them I can, and will print out this paper and shove it in their faces.
     
    Last edited: Mar 6, 2009
  8. thefancy

    thefancy New Egg

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    Mar 13, 2009
    White Lake is a great place to live with great schools and you can have chickens. [​IMG]
     
  9. barefoot7

    barefoot7 New Egg

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    Jun 27, 2012
    Hi can you please tell me what you heard in Westland....I thought chickens were allowed???:(
     
  10. thegospelisgood

    thegospelisgood Out Of The Brooder

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    Jan 12, 2013
    I don't know if anyone is still inquiring about the city ordinance on this matter, but I don't think the Animal Shelter has it right. According to the Romulus City Code

    Section 11.15 Animal/Agricultural

    (a) Farms
    (1) Farms are permitted on at least five (5) acres of land outside a subdivision.
    (2) Farms shall not be operated as piggeries or for the disposal of garbage, sewage,
    rubbish or offal. Slaughtering of animals is not permitted unless the animals have
    been raised or maintained on the premises for at least one (1) year and is for the
    use and consumption by persons residing on the premises.
    (3) Animal uses shall be subject to the pertinent provisions of Section 11.15 (d) and
    (e).
    (4) All structures must be set back at least thirty-five (35) feet from a public right-ofway.
    (5) A temporary building for a roadside stand shall be permitted by the Building and
    Safety Director in any residential district where farms are permitted for not more
    than three (3) months. The temporary building shall not be more than one (1)
    story high and a floor area less than four hundred (400) square feet.
    (6) Adequate area shall be provided for off-street parking and vehicular circulation
    City of Romulus Zoning Ordinance 11-29
    Resolution # 11-322 effective 11-30-2011
    11
    Use Standards
    that will not require vehicles to back into the public road right-of-way.
    (b) Fowl and small animal pens (which shall include only ducks, chickens and rabbits)
    that are kept by a family as pets and not raised for food or for any other form of
    commercial venture shall be kept in a hutch and shall be exempt from the following
    restrictions. Non-exempt fowl and small animal pens shall comply with the following
    conditions.

    (1) At least one and one half (1½) acres shall be required and there shall be no
    more than ten (10) animals per acre.
    (2) All buildings and structures except pens shall be set back a minimum of forty (40)
    feet from the side and rear lot line.
    (3) Pens shall be set back a minimum of twenty (20) feet from all lot lines. All
    buildings, structures, and pens shall be set back at least one hundred (100) feet
    from any dwelling on an adjacent lot.

    Not to mention, the application of the meat and commercial venture prohibitions become nullified by the MRTFA.

    One ordinance officer basically told me, just ask your neighbors. Your zone permits the chickens. Even more intriguing about the Romulus ordinances, there is no "limit" on the amount of chickens you can have.

    I would not keep Roosters in the subdivision, but by these standards, you are allowed to!? :)
     
    1 person likes this.

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