So I'm not entirely sure why and when my obsession with backyard chickens started...but it did....and now, i'm fighting city hall (literally and figuratively!)
Late last summer, a local gentleman with chickens and ducks as pets in our city was cited for a zoning violation - you apparently can't have anything other than typical 'pets' in our city limits. His story ran in our local paper and I started doing some research into the backyard chicken 'movement'....I also have a couple of friends with backyard chickens, so at some point it had gotten into the back of my mind already.
I followed the case via the internet and local paper. The "chicken gentleman" filed a motion to amend the ordinance to allow chickens. The Planning Commission did their dutiful job and researched other backyard chicken ordinances throughout the state and made a recommendation to the City Council to approve a change in the zoning ordinance...this would allow for chickens with stipulations (like several other Michigan cities have done....Traverse City, Ann Arbor, Grand Rapids, East Lansing, etc....) Given the recommendation by the Planning Commission to the City Council to approve the amendment, I didn't go out of my way to press the issue...doh. The City Council voted down the change, thereby affirming the current ordinance not allowing any animals other than 'typical pets' and forcing the "chicken gentleman" to give up his animals.
Truth be told - I was really upset. I'd now spent a month or two getting to know chicken care. I researched city-appropriate coops and plans, etc. I found hatcheries and studied different breeds and picked the ones I wanted. (Jason had already warned me not to name them...I'd get too attached...) I found myself on a website and forum called backyardchickens.com that has been incredibly helpful. And there, I learned that Michigan has one of the strongest Right to Farm Acts in the United States...and low and behold, if done properly, my backyard chickens would be protected. Agriculture has, and will likely continue to be for quite some time, a leading economy in our state. And while I don't intend to become a full-time farmer, the law, as it is stated now, dictates that I can farm anywhere.
I have been on a crusade since the ordinance didn't pass. And by I, I literally me "I" - not Jason and I. He has been very understanding and supportive...however, he also stands by the feeling that he really doesn't want to take care of anything else that consumes oxygen (which I can't understand why...all we have now are 4 kids, 2 dogs, 2 cats and 2 gerbils....plenty of oxygen left!) I've stated my 'chicken case' to him over and over...chickens make great pets, provide many benefits (eat bugs...make great poop for fertilizer...) and, most importantly, lay eggs - which our family consumes A LOT of. I've got coop plans drawn up and I'm ready to start building...
He blessed my attempts to get chickens (I think only because in the back of his mind he doesn't think it will ever happen....) Funding my plan is an issue, of course...but I'll work on that (seems my sponsorship plan was well-received when first announced...). Right now, the real issue is dealing with the City. And Jason has said - no chickens until we hear from the city that it's 'okay'. So I have been working on that.
I spent weeks doing research and drafting my letter. I sent it to the City (the Planning Commission, the Mayor, the City Attorney, and the Zoning Board of Appeals). Here is what I sent -
Dear Sirs
and Madams,
I am writing
to have protection under the Michigan Right to Farm Act to establish a farm on
my residential lot within the City of Midland, Michigan. I intend to have a small vegetable garden and
to raise chickens for egg production.
In
August, 2011, a petition was brought before the City of Midland Planning Commission seeking to amend
the Zoning Ordinance to permit chickens and ducks on residential lots in the
city. The Planning Commission made a
recommendation to the City Council to permit chickens, with certain
standards. In October, 2011, the City
Council voted to NOT amend the Zoning Ordinance, thus upholding the ban on
poultry/fowl in the city.
Since
that time, and with much research of cases of similar issue in the State of
Michigan, it has become clear to me that I can continue with my plan to raise
chickens in my residentially-zoned yard, and have protection under the Michigan
Right to Farm Act, both to ensure I am not in violation of current Zoning
Ordinances, and also any nuisance complaints that might arise.
As a
courtesy, I am providing my justification for my actions, in advance of
establishing my farm. I believe that I
am entitled to establish a farm on my residential lot for the following
reasons:
The
August 23, 2011 minutes from the Planning Commission meeting state the
following:
This section shall not regulate the keeping of chickens in those areas
zoned Agricultural district, where the raising of poultry is a permitted
principal use when conducted in compliance with the Michigan Right to Farm Act
(MRTFA) and the Generally Accepted Agricultural and Management Practices. The MRTFA is not applicable in municipalities
with zoning when the property is zoned single family residential.
It was the view of the Planning Commission that the
MRTFA does not apply to properties zoned single family residential. Court rulings in the State of Michigan support the
opposite, as highlighted on Page 6 of the attached resource, Land Use Planning
and the Right to Farm Act, as prepared by Dr. Patricia Norris, M.S.U. and Dr.
Gary Taylor, M.S.U. Extension. In
summary, the Michigan Right to Farm Act was amended in 1999 to read:
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.
This amendment was upheld in the following court
cases:
- Milan
Twp. V. Jaworski – concluding that a Milan Twp. Ordinance that limited
hunting preserves to areas that are zoned agricultural conflicted with the
RTFA “to the extent that it allows the township board to preclude this
protected farm operation.”
- Village
of Rothbury v. Double JJ Resort Ranch – concluding that “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.”
- Charter
Township of Shelby v. Papesh – concluding that
“…the RTFA no longer allows township zoning ordinances to preclude farming
activity that would otherwise be protected by the RTFA. Rather, any township ordinance,
including a zoning ordinance, is unenforceable to the extent that it would
prohibit conduct protected by the RTFA.”
- Papadelis
v. City of Troy
– concluding that a zoning ordinance “…limiting such activity to parcels
with an area no less than five acres is preempted by the RTFA and is not
enforceable.”
In addition, Page 2 of the enclosed Right to Farm
Act Policy Platform by the Michigan Association of Planning, summarizes recent
court decisions that provide nuisance immunity in newly established farms in
residential areas. While the Michigan
Association of Planning is recommending changes to the RTFA, they acknowledge
that the court decisions currently on file with regards to the RTFA support
both newly established farm operations, including residential areas, as well as
preemption of local zoning ordinances, so long as the farm uses GAAMPs.
I believe it to be indisputable that the Michigan
Right to Farm Act allows me to establish a farm in a residentially-zoned area.
To be clear, the Michigan Right to Farm Act only
provides protection from nuisance complaints if said farm meets the criteria of
a farm, as defined by the RTFA. These
criteria are as follows:
- The
activity is a “farm or farm operation” – definitions provided on the
attached resource, page 2.
- The
activity is engaged in commercial production of its farm product
- The
farm complies with the Generally Accepted Agricultural Management
Practices
My farm will produce vegetables, as well as eggs
from chickens. I have several friends
and acquaintances who intend to purchase my farm-fresh eggs from me, thus
making my farm a commercial operation, and I will keep records and file taxes
accordingly. I also intend to comply
with all relevant GAAMPs, including, but not limited to those pertaining to
Manure and Animal Care. Prior to farm
operations commencing, all GAAMPs and other related regulations and resources
will be on file in my home office.
Copies of the Michigan Right to Farm Act and GAAMPs can be found on the
Michigan Department of Agriculture and Rural Development website.
In order to maintain positive neighbor relations, I
intend to raise chickens under many of the guidelines suggested by the Planning
Commission in the proposed amendment to the Zoning Ordinance, including but not
limited to:
- Not
keeping a rooster
- No
slaughtering of chickens on the premises
- Providing
an covered enclosure that will house the chickens at all times
- Locating
the covered enclosure in the rear yard, no closer than 10 feet to any
property line and/or within 40 feet of any neighboring residential
structure
- Constructing
a covered enclosure with traditional building materials, that will prevent
rats, mice and other rodents access to the chickens. All feed will also be stored in a
rodent-proof manner.
- Not
install signage with regards to eggs for sale.
I firmly believe in my right to grow a garden and
raise chickens for eggs in my own plot of land, regardless of its
location. I will do so responsibly and
with respect for the animals involved, and my neighbors.
I thank you for your attention to this matter, and
hope that this proactive attempt to avoid any zoning violations and/or nuisance
complaints is appreciated.
Best regards,
*me*
Enclosed Land
Use Planning and the Right to Farm Act, Norris and Taylor
Michigan Association of
Planning, Right to Farm Act Policy Platform
Several members of backyardchickens.com suggested that I proceed with my chicken plans and deal with a zoning violation when it comes. I'm nearly certain that it WILL come (i have some lovely neighbors), but my agreement with Jason is that we must receive some sort of acknowledgement from the city that my plan is acceptable before any money or construction, and most definitely chick arrival, happens.
There is already much case precedent set for the Michigan Right to Farm Act. I am hoping for the best...and I have promised Jason that I won't spend any money, or an unreasonable amount of time, in my fight. Basically, we can't/won't go to court over the issue. Several others have already done that before us...and even though they've won their cases, it was years and time and money.
So....let's see what the city says....
....we won't have many eggs to sell and I literally think that I will
be hand delivering them to friends when we gather at social events. I
think, given that, I don't need to worry about that ordinance or the
GAAMPS associated with a farm market - correct?