Did Michigan Lose the Right to Farm?

I try to avoid controversial topics on this here grocery store blog. (By "try to avoid," I mean "gravitate toward them like a moth to flame, and try to couch the result in polite and equivocating language.") It so happens that the biggest thing happening in the Michigan natural food scene (of which FFL is clearly a highlight) this last week has been a legislative shakeup surrounding Michigan's "Right to Farm" laws. Let's see what's going on, and I'll try to keep the grandstanding to a minimum.

What is a Right to Farm law?

Right to Farm laws were designed to protect farmers from nuisance complaints and lawsuits related to their farming practices.

Why farming be an issue for neighbors?

Beside obvious factors like the noise and smell of a farm, there other reasons, like seepage or drainage issues.

Don't neighbors have a right to be peeved by those things?

Perhaps, but the Right to Farm laws were created to protect farmers who were "there first." When people who just want to live in the country (but not farm) move into the country (where there are farms), they often don't like the presence of the farms. To support the necessary existence of small farmers, the Right to Farm laws were enacted. This renders the farmers essentially immune to the complaints of people emigrating to the countryside.These laws were not designed to protect people in the city who decides to have a flock of sheep in their yard.

Which states have these laws?

All of them. Massachusetts was first. Don't be jealous. Massachusetts is only the third most financially literate state, the fifth richest, and it doesn't even make the top ten rainiest. So it's not that big a deal.

How old is Michigan's Right to Farm law?

This place seems like it could get loud on a Friday night.

I like to say it's 33 years young. 

What is Michigan's Right to Farm law like?

You know, just your basic set of GAAMPs, nothing major. GAAMPs? That's what my toothless little cousin calls his grandfather. It's also an acronym for Generally Accepted Agricultural and Management Practices, according the Department of Agricultural and Rural Development.

The MDARD website says: "While adherence to the GAAMPs does not act as a complete barrier to complaints or lawsuits, it does provide an umbrella of protection from nuisance litigation. In addition to conformance to the GAAMPs, farmers also need to comply with all state and federal environmental and agricultural laws."

What was changed?

MDARD "added a Category 4 to the Site Selection & Odor Control for New/Expanding Livestock Facilities GAAMP,"  according to MDARD Communications Director, Jennifer Holton.

What?

Places considered generally residential, which do not come with agricultural use by right, are Michigan areas where there are 13 non-farm homes within 1/8 mile of the "livestock facility." (Even if that facility is a chicken coop.) Density isn't the only factor: a non-farm home within 250 feet is also a deal breaker. (Unless zoning dictates the area as an agricultural one.) 

What changed on April 28? What's all this stuff on social media about Michigan disallowing small farms? 

The above Jennifer Holton says that this is just a way of keeping people in compliance with zoning laws. There is nothing preventing communities from allowing backyard farming if it complies with local ordinances. Many municipalities do allow backyard poultry, for instance. Backyard cows are usually off limits. 

The "new" legislation does not prevent people from raising food for themselves, either, as many have been claiming. However, the Right to Farm laws have always pertained to commercial farms only. 

So what's the deal?

Many articles posted on somewhat dubious news sites proclaim no doubt that Michigan residents will have to give up farming, period. Yet, many reliable sources are claiming that not much has changed. In fact, that article is a year old, when the doomsayers were telling us that farming in Michigan was dead the first time. 

Ultimately, the changes simply mean that people have to follow their municipal zoning laws when it comes to farming. That can be a bummer in some communities, but it's not as dire as some have claimed.

Do I have it wrong? Has the legislation affected you or a farm you know? Are the news laws fair or draconian? I'd love to hear from you. This is a complex topic and all voices are welcome.