Tuesday, June 9, 2009

Chickens And The Michigan Right To Farm Act

Just like Ann Arbor, it looks like Traverse City will have to allow chickens.

See R-E: Chickens coming home to roost in TC?
City Attorney Karrie Zeits researched and discovered the Michigan Right to Farm Act prohibits cities from banning commercial farming, including raising chickens, she said.

The Michigan Right To Farm Act, passed in 1981, is the savior here. And it has been cited before by Michiganders who defended their right to live a simpler, traditional life.

See:
-Ann Arbor City Chickens and the Michigan Right to Farm Act
-Michigan Right to Farm Law, what does it mean?
-Kurt Schindler answers 'Is Agriculture Subject to Zoning'
Our best understanding at this time:
To fall under the RTFA [Right To Farm Act] the operation must be (1) an agricultural use (read "agricultural use" in the broadest possible context, e.g., a corn maze, renting horses, are agricultural uses) (2) commercial, even to the smallest extent, as in "sell one egg", and (3) involves "harvesting" (but read "harvesting" in the broadest possible context, e.g., a hunting preserve, where animals are shot for sport, is "harvesting").
If it is agriculture that falls under RTFA, then zoning can not restrict the activity, can not say it is not allowed in a particular zoning district. That means agriculture is allowed in a residential district