Urban Chickens and the Right to Farm Act
As the urban chicken farming controversy grows in West Michigan more townships and cities are considering amending their existing zoning ordinances to allow for the keeping of small chicken flocks in areas not otherwise zoned for agricultural use. While I am all for the idea of urban chickens I will be the first to tell you that if you are contemplating a backyard chicken farm in an area that is not zoned for such, don’t count on the Right to Farm Act to provide legal protection to your flock when the zoning enforcement officer comes calling.
The Michigan Right to Farm Act, P.A. 93, enacted in 1981, provides farmers with protection from nuisance lawsuits. In other words, the statute is designed to prevent lawsuits by municipalities or private individuals against farmers arising out of the odors, dust, noise or other unpleasantries associated with the business of farming. This state statute authorizes the Michigan Commission of Agriculture to develop and adopt Generally Accepted Agricultural and Management Practices (“GAAMPS”). These voluntary practices are based on available technology and scientific research to promote sound environmental stewardship and help maintain a farmer’s right to farm. In a nutshell, the Act provides that if a farm is in conformance with these standards, nobody can sue the farm or otherwise try to shut it down.
While the Right to Farm Act plays a valuable role in protecting lawful farming operations that conform with the GAAMPS, the confusion comes when people operate under the mistaken belief that the Act essentially trumps all zoning laws. Simply put, if your property is zoned residential and the keeping of livestock is not permitted under your local zoning ordinance, the Act will not supercede the zoning ordinance.
The act specifically notes that it does not affect the application of other state laws and federal laws. Therefore, a Michigan Department of Agriculture determination that an individual’s farming practices are in conformance to GAAMPs is not a determination that their farming practices are in compliance with local land use zoning.
Saying that the Right to Farm Act protects all farming operations under all circumstances is akin to the guy who defends a drunk driving charge by saying that the Constitution protects his right to travel, including home from the bar after tipping a few. While the argument has some appeal on the surface, an examination of the applicable law makes it clear that such an argument simply will not hold up in court.
The Right to Farm Act is an important piece of legislation that protects our agricultural heritage and Michigan’s multibillion dollar farming industry. But if you are looking for a legal loophole to allow you to start keeping chickens in the backyard, the Right to Farm Act is really nothing to crow about.
