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