Right to Farm Act 93 of 1981 as amended
http://legislature.mi.gov/doc.aspx?mcl-Act-93-of-1981
References 6 to 34
6) – 1995 – Right to Farm Act Amended by Public Act 94 of 1995
Good explanation here of original purpose
“Originally enacted in 1981, the Michigan Right to Farm Act is designed to protect farmers from lawsuits brought by neighboring residents who are not used to the noise, odor, and dust that accompany typical farming activities. Under the Act, a farm or farm operation may not be found to be a public or private nuisance (something that interferes with a person’s enjoyment of his or her life or property) if the farm meets certain criteria, such as conformity to generally accepted agricultural and management practices (GAAMPS).”
The bill would amend the Michigan Right to Farm Act to do the following:
— Specify that a farm or farm operation that conformed to generally accepted agricultural and management practices would not be a public or private nuisance under certain conditions, including a change in ownership or size. — Require the Director of the Michigan Department of Agriculture to investigate complaints involving a farm and require that procedures be developed to investigate and resolve farm- related complaints. — Require a complainant to be notified in writing if the person responsible for the farm were using generally accepted agricultural and management practices. — Require the Director to advise a person responsible for a farm that changes would have to be made to resolve a problem, if it were caused by the use of practices not considered to be generally accepted agricultural and management practices. — Specify that a complainant who brought more than three “uncertified complaints” within three years against the same farm that had been determined to be using accepted practices, could be ordered by the Director to pay the Department the costs for subsequent complaints against the same farm. — Permit a seller of property located within one mile of the property boundary of a farm or farm operation to make available voluntarily to the buyer a statement about the property’s location and a farm’s use of generally accepted agricultural and
Full legislative history http://www.legislature.mi.gov/(S(odjvjr2lazmgljijgcogidxa))/mileg.aspx?page=getObject&objectName=1995-HB-4300
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7) – Manure Management GAAMPS
https://www.michigan.gov/documents/mdard/Manure_Management_and_Utilization_2020_GAAMPs_682465_7.pdf
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8) – Site Selection GAAMPS
https://www.michigan.gov/documents/mdard/Site_Selection_and_Odor_Control_2020_GAAMPs_682468_7.pdf
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9) – 10/26/1999 – Oakland Township Noise Ordinance No. 84, Now Code of Ordinances Chapter 274
https://www.ecode360.com/29743665
274-2 Loud, Disturbing or Unnecessary Noises Enumerated
N. Animals, birds. The keeping of any animal or bird enclosed or tied up in any yard, enclosure, stable, or other place within the Township which, by frequently repeated barking, howling, crying, singing or other sound causes frequent or long continued noise so as to annoy or disturb the peace, quiet, comfort or repose of persons in any office, or in any dwelling, hotel or other type of residence or of persons in the vicinity, within the limits of the Township.
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10) – 3/10/2000 – Right to Farm Act Amended by PA 261 OF 1999
- Regulators given power to nullify local ordinances
- Change inspection process
- Lots of push back on this one; passed Michigan House 61/48
- Its all about protecting long-standing family farms from new non-farm experienced municipal township officials
Full legislative history – http://www.legislature.mi.gov/(S(odjvjr2lazmgljijgcogidxa))/mileg.aspx?page=getObject&objectName=1999-SB-0205
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11) – 4//28/2014 –Site selection GAAMP promulgated by MCARD (Michigan Commission on Agriculture and Rural Development).
Excerpt from page 6 here:
“There has been considerable debate in Michigan regarding who has legal protection under RTFA. At an April 28, 2014, special meeting of the Michigan Commission of Agriculture and Rural Development, Commissioners voted to approve the 2014 Site Selection GAAMP (Generally Accepted Agricultural Management Practices). Their decision created an additional Category 4 for Site Selection.
Category 4 Sites are defined as locations that are primarily residential and do not allow agricultural uses by right and are not acceptable under the Siting GAAMPs for livestock facilities or livestock production facilities regardless of the number of animal units. However, the possession and raising of animals may be authorized in such areas pursuant to local ordinances designed for that purpose. By authorizing urban livestock options in this way it also requires the local government to allow any other agricultural uses the GAAMPs would allow, causing some local units considering this option to hold back.
People interested in raising livestock felt the changes to the Site Selection GAAMP threatened RTFA protection and undermined food production in urban/suburban areas, which lead Senator Joe Hune to ask the Michigan Department of Agriculture and Rural Development to continue the discussion on raising livestock in urban/suburban areas. In response to the Senator Hune’s request, Director Jamie Clover Adams created two Urban Livestock Workgroups, one focusing on technical issues and a second on policy. This report is the result of the policy-oriented urban livestock workgroup.”
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12) – 3/15/2015 – Urban Livestock Work group report to encourage urban agriculture
“Urban Livestock Workgroup
Recommendations Report To
Director Jamie Clover Adams and
State Senator Joe Hune” (District 22, includes Ann Arbor, left Senate in 2018, was chariman of Agriculture Committee in 2017)
Lots of detailed procedures for a few chickens in populated areas.
?? why did his bill, SB-1031 OF 2016 die in committee ??
Catherine Mullhaupt – Michigan Townships Association was one member of committee
??does she know why bill SB01031 of 2016 died??
4.The ULW recommends that the Urban Agriculture Act provide for local zoning authority over agriculture in urban/suburban areas.
5. The majority of the ULW recommends that the bill to establish the Urban Agriculture Act be introduced during the 2015/2016 Legislative session.
“There has been considerable debate in Michigan regarding who has legal protection under RTFA. At an April 28, 2014, special meeting of the Michigan Commission of Agriculture and Rural Development, Commissioners voted to approve the 2014 Site Selection GAAMP (Generally Accepted Agricultural Management Practices). Their decision created an additional Category 4 for Site Selection.” (Page 6)
Important recommendations of this report:
page 26-27
The outdoor areas used by animals should be properly fenced to contain animals and prevent intrusion by outside predators or burrowing under the fence, provide shaded area, and be maintained such that dust, mud, water, and manure do not accumulate. Maintaining ground surface vegetation is important to mitigating dust, facilitates the use and spread of animal manure, and prevents surface run-off. Maintaining vegetation by resting, reseeding, and rotation of the outdoor areas are important. Sheep and goats graze vegetation and poultry scratch/peck the ground for seeds, worms, and insects, and dust bathe that can create patches or complete loss of vegetation. Rabbits burrow and graze; and pigs create wallows for dissipating body heat and forage by rooting the ground. Through the use of temporary interior fencing, outdoor areas may be divided and used in a rotation. This allows one area to rest and the restoration of ground surface vegetation while the other area is in use. It is highly advisable to maintain vegetative cover because it helps to avoid odor and health concerns.
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13) – 9/6/2016 – Proposed bill SB-1031 to establish Urban Livestock Advisory Committee
- By Joe Hune – District 22
- Sent to committee on agriculture – ???fate
Oakland Township Sentinel 