An Obscure Ferderal Law - ?

[MaryLang]

I remember reading about an obscure federal law, giving people the right to have a small number of livestock, such as chickens, as long as they are being used as a food source. Regardless of city ordinance, you could cite this law.

Does this strike a cord with anyone?

I'm off to pour through my books now on urban farming and old almanacs.

[CookiePie]

"The Right to Farm Law" I came across this after searching online.

Am I reading it correctly though? So does that mean the local law (zoning ordinance) prevails??? Or only nuisance laws? Please read the whole thing because it makes no sense to me! Most states shouldhave this same law...

Exceptions. (a) Notwithstanding any general statute or municipal ordinance or regulation pertaining to nuisances to the contrary, no agricultural or farming operation, place, establishment or facility, or any of its appurtenances, or the operation thereof, shall be deemed to constitute a nuisance, either public or private, due to alleged objectionable

[lynsage]

It would mean local law prevails the way I'm reading it. They would have used commas and not the word "or" if they meant a group of three things all pertaining to nuisances. So it's if there's a statue, OR a municipal ordinance, OR a nuisance law, those things would take precedent.

[DisplacedYooper]

Originally Posted by MaryLang

I remember reading about an obscure federal law, giving people the right to have a small number of livestock, such as chickens, as long as they are being used as a food source. Regardless of city ordinance, you could cite this law.

Does this strike a cord with anyone?

I'm off to pour through my books now on urban farming and old almanacs.

Michigan's Right to Farm Act is much broader. According to the MSU extension office's interpretation, you can have livestock as long as:

" To fall under the RTFA 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")."

And your local zoning can't tell you you can't:

"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 -- or, apparently, a pig in the parlor is okay."

And they can't complain that your chickens smell:

"Also the way courts read this: If a farm exists, and follows Generally Accepted Agricultural Practices (GAAMPS) the farm is protected from nuisance complaints, even if the farm is brand new to the neighborhood. If the farm was in the neighborhood first, then it is protected from nuisance complaints regardless if it follows GAAMPS or not."

So if you are actually in MI, go ahead and get a few chickens - just make sure you sell one to your neighbor!

MSU extension: http://web5.msue.msu.edu/lu/q&a/q&aZagr.htm
The State website: http://www.michigan.gov/mda/0,1607,7...3052--,00.html

The act was originally passed to defend big agribusiness from complaints, but has been used recently to protect folks with backyard livestock.

[rcr]

Yea, I think that the local law prevails.