Michigan Delegates That It is Legal for Local Governments to Create and Enforce Ordinances Banning Farm Animals from Residential Zones

Michigan Bans Animals On Small Farms?

Governments could ban goats, chickens and even bee hives on properties where there are 13 homes within an eighth of a mile of a livestock property or another home within 250 feet of the property, under the Commission’s ruling. Eighty percent or more of the state lives in non-rural, non-agricultural zoned areas. What was NOT stated at the hearings was the fact that your livestock facility must setback off the road 1500 feet -- this is written in the body of the GAAMP. Also, your own house may or may not count as one of the 13 houses.

May 9, 2014

Off the Grid News - Many Michigan residents will lose their right to keep livestock on their own property due to a new ruling from the state’s Commission of Agriculture and Rural Development.

The Commission ruled April 28 that local governments have the right to ban livestock from any area zoned residential in the state.

The action will “effectively remove Right to Farm Act protection for many urban and suburban backyard farmers raising small numbers of animals,” Gail Philbin of the Michigan Sierra Club told Michigan Live. The Right to Farm Act is a state law designed to protect farmers from nuisance lawsuits and zoning regulations. The Commission ruled that the Right to Farm (RTF) Act does not apply to homeowners who keep small numbers of livestock.

“It’s all ‘Big Farm,’ and it’s ‘Big Farm’ deciding against the little farm,” Kim White, who raises chickens and rabbits, said of the Commission’s vote. “They don’t want us little guys feeding ourselves. They want us to go all to the big farms. They want to do away with small farms and I believe that is what’s motivating it.”
“The Commission is essentially taking sides in the marketplace,” Philbin said.

Bees, Chickens and Goats Now Illegal?

Governments could ban goats, chickens and even bee hives on properties where there are 13 homes within an eighth of a mile of a livestock property or another home within 250 feet of the property, under the Commission’s ruling, Michigan Public Radio reported.

“I believe we have over 100 communities in Michigan who have ordinances on the books against chickens and bees and other things, and they will be able to continue to move forward with those,” Jamie Clover Adams, the director of Michigan’s Department and Rural Development, told Michigan Radio.

The rationale for the Commission’s action is that officials are afraid there would be political pressure to repeal the Right to Farm to Act in order to stop backyard farming, Michigan Radio reported.

Opponents of the rule change have not laid out a course of action yet, although some backyard farmers are considering a legal challenge. Other possible courses of action include legislation in the state legislature and a ballot initiative.

Regulatory Limbo 

Some homesteaders in Michigan could find themselves in a complete regulatory limbo because of the Commission’s action. Blogger, writer and organic farmer Michelle Regalado Deatrick does not know if she’ll be able to keep her livestock, because about half of her 80-acre farm may not be zoned for farm animals.

“We’re building up a mixed production farm, planning to farm during retirement, and we have a permit in hand for a livestock facility,” Deatrick said, “but have waited with building until we were sure of what the GAAMP changes would be. Now we’re having to reconsider our business plans and may sell the farm and buy a farm in a more rural area with definite [Right To Farm] protection, or move to another state that’s more welcoming and protective of small farm rights.”

GAAMP refers to the Generally Accepted Agricultural and Management Practices, a set of guidelines put out by the state of Michigan. The current GAAMP designates many small farms as Category 3 lands where livestock might not be allowed.

“Category 3 sites may be zoned for agriculture, but are generally not suitable for livestock production facilities,” the GAAMP states. “They may be suitable for livestock facilities with less than 50 animal units.”

Another problem is that local governments in Michigan are under no obligation to follow the GAAMP. It is simply a set of guidelines.

Michigan is one of several areas where property owners have had to fight for the right to raise food on their own land. Off the Grid News has reported that property owners in Florida and Quebec have been barred from planting vegetable gardens.

Comments from OffTheGridNews:

"Farms now exist on the whim of a local ordinance.Perhaps a bigger impact this change has is that it reduces (eliminates) the state oversight of the largest agriculture processors, CAFOs. CAFOs are now “self-certifying” for compliance to state and federal rules.The Michigan Department of Agriculture and Rural Development (MDARD) clearly support only corporate agriculture. The director of MDARD has been openly hostile towards the small farmer while at the same time travelling the country and world to promote Michigan Ag. MDARD wants to sell product in China while denying local access to healthy food. Most ironically is that small farming in Michigan is now potentially illegal (criminal) just as the USDA is promoting small farming for local food sourcing under the Farm Bill." - Randy Zeilinger, OffTheGridNews, May 3, 2014

"Fight against the underlying problem…the main problem…the cause of all this nonsense. FIGHT AGENDA 21. Agenda 21 being purposed by the United Nations will take all our freedoms, our land, our rights. They will force us all to give up our properties, and move to metropolis areas to live and work. No personal transportation other than bicycles and your feet. The only people that will live outside the metropolis areas will be the farmers growing our food [on corporate-owed farms]. Everything else will be contained within the metropolis and have to abide by their rules/regulations/government. They work disguised by sustainable/green cloak. They are working thru local governments in underhanded and deceptive manner. All our presidents from 1962 to present have signed on to their plan. If you don’t believe me…look it up on the net…I HATE AGENDA 21 AND WILL DO ALL I CAN TO STOP IT." - Agenda Hater, OffTheGridNews, May 3, 2014

"This is all part of Agenda 21′s ICLEI program. Many states, governors, mayors and municipalities have signed off on this treasonous program. The ones that have are being paid well to do so. This program basically sells out the Constitution in lieu of it’s own Charters and resolutions. This is a United Nations program. The “new world order” everyone’s been gossiping about–this is IT! Read through the law fast and get ready to protest because pretty soon, we’ll lose our rights to everything AND lose our land. Part of this program’s ultimate goal is to ‘stack and pack’ people into tightly grouped high-rise city settlements and BAN people from the majority of the land in the USA claiming it for ‘sustainability.’ Dictating what people can and can’t do on their land is only the beginning!" - EFHerne, Off the Grid News, May 3, 2014

"I live in Michigan and we had a right to have small farms with small animals like chickens, goats, rabbits, and to sell eggs, etc. there can no longer be any bee keepers either. We no longer have that right if there is 13 houses within 1/8 of a mile OR 250 feet from your property line. I agree with the 13 houses ruling but the 250 feet from the property line will hurt a lot of people. That includes property on each side of them, behind them, and across the road. Now my question is: Shouldn’t there should also be a ban on dogs? I mean, they make a barking noise and poop in everyone’s yards!! So what is the difference?? Is this law only because you are providing for your family food to eat and have an outside small building. WAIT UNTIL GOVERNMENT SAYS YOU CAN NO LONGER HAVE A GARDEN EITHER!! You can be sure that is next. Oh, ya, and nobody can have a septic system in the country either. So everybody has to give their home and property to the government and move to the city!! You folks need to read up on the UN Agenda 21 World government Agenda." - Stand 4 right, OffTheGridNews, May 6, 2014

"You need to worry just a tad. this isnt’ happening only in MI, it is happening across the nation. IF they control the guns, you can’t fight back, IF they control the healthcare, you can die, and IF they control the food source, you will be in deep straights. Now this is not a conspiracy theory, check what is happening with AGENDA 21…….the UN’s plan for globalization. Check to see what is happening with ‘the new world order plans……..connect the dots……..there is much to be aware of. And it has nothing to do with what you think………don’t panic get busy and write to your congressman, representative and use your voice." - becky, OffTheGridNews, May 5, 2014

"The Right to Farm Act was designed to prevent new suburbanites living next door to pre-existing farmers in areas where the suburbs grew up around the farm from complaining about the sounds and smells of their food supply living next door. If you move to the country, expect it to look and sound and smell like the country or go elsewhere. It really had nothing to do with the urban areas where people wanted to take their double lot and raise chickens and have a goat (it’s usually against zoning laws). But those 'urban homesteaders' saw the Right to Farm Bill as a means to protect them. If these changes are going to leave the authentic small farmers whose farms predated the surrounding area’s development back where they were, without protection from idiot new suburbanite neighbors and wealthy developers, then those changes need to be cancelled." - Betterhave, OffTheGridNews, May 5, 2014

"It is unfortunate that most people, whether they live in town or out in the country, are all being made to conform to a standard because a hand full of others decide to complain. If you read the rules that have just been passed, you’ll notice that this affects anyone who is zoned residential. Mind you, I live out in the country on a dirt road, bordered on three sides by vast farmed fields. I have one neighbor across the road who owns 15 acres that is farmed as well as a neighbor about a half a mile away that lives on a 30 acre plot. But, because our zoning has been changed to residential recently (and very quietly as no one was notified that this was happening), none of us will have the ability to own even one chicken if these new rules are enforced. If the complainers are allowed to run the show, if law makers run scared of these complainers, and if big agri-business is wiling to throw a bunch of money into the ring to ensure that we are all forced into buying food from them, well, law hasn’t improved our lives, but worsened it beyond repair. There are going to be a lot of people blindsided by this ruling who have lived for many years with the family pet horse, small flock of sheep kept for hand spinning purposes, goats kept for milking, or chickens kept for eggs that will be affected by all of this foolishness as the zoning is changed to conform to someone’s warped sense of controlling the masses. If rules must be put into place to control farming practices for people who live in town or suburban areas, please change the law to focus ONLY on these areas and not the entire State of Michigan.For those of you who do complain over the noisy rooster next door or a stinky manure pile, you have the ability to move away from the noise or the smell much easier than the farm can move the animals, buildings, fencing, equipment, manure compost facilities, etc." - Mousehunter, OffTheGridNews, May 2, 2014

"Let’s do math. There are 5,280 feet in a mile. That means one eighth of a mile is 660 feet – but it would be a square 1/8 of a mile, so 660×660 = 435,600 square feet. There are 43,560 square feet in an acre, so that would be 13 houses spread out over 10 acres. That is not urban. That is 3/4 acre lots – this is suburban type zoning – but here in NJ that would be the ex-burbs. Most suburban NJ communities allow 3 or 4 chickens at the most on a lot that size (no roosters), with 2 acres in many places being required for livestock (like one horse). You can easily have 4 hives (my main business) on 1/4 acre. Many NJ communities have NO regulations regarding animals on private property. So I regard this ruling as being extremely restricting. NJ is actually going in the reverse direction right now – we are the most densely populated state in the USA, but the NJ legislature is expanding right-to-farm." - Leeann, OffTheGridNews, May 2, 2014

"The price of freedom, aside from the greatest sacrifice of lives, is that a neighbor may exercise it in a way that you don’t like. If you can’t own animals on your property you don’t own the land. If you can’t own the land you don’t have freedom. I remember when the Michigan Right to Farm Act was passed. It was passed in response to municipalities growing, suburbia encroaching in on what was farm land and the yuppies that wanted to escape urban blight didn’t like the sound and smell of some farms. The farms were there first, however. I have 2 acres in a city. It’s been in my family for over 40 years. It’s been literal hell to just try to live there. The city has done everything from making me get rid of a tractor or else pour a cement slab for it with a rat wall to mowing down sunflowers, calling them noxious weeds, and the charging me to do it. Do you want freedom or not? If you don’t, you’re an idiot and need to go back to whatever rock you crawled out from under. Go back to living with someone’s foot on your throat." - William Wallace, OffTheGridNews, May 3, 2014