How do you use the right to farm act to Protect your property?

[Peep-Chicken]

Do you need to go to court or what? How would I have my property called a farm? I have 3 acres. Would i need to notify any goverment or something? Please just explan how to get my property a farm.

 

[GuppyTJ]

I would probably call/go see my county PVA (Property Value Administration) office. I've found mine to be very helpful as I was able to get an agriculture designation on my land, which reduced my taxes by about 50%. I know this is not what you're trying to do but the PVA office may be able to give you good information or tell you where to go to get it.

Guppy

 

[wingless]

Hi there, Peep-Chicken -

The easiest thing to do is to just read the Right to Farm law. It's in English, and isn't that long! One place to find that compiled law (which includes all the amendments) is here: http://sustainablefarmpolicy.org/the-law/

What it says is that ""Farm" means the land, plants, animals, buildings, structures, including ponds used for agricultural or aquacultural activities, machinery, equipment, and other appurtenances used in the commercial production of farm products."

If you have chickens you have a farm, and you don't need to go to court to establish that.

If you want to claim RTF protection most courts require that you show that you meet three criteria:
1. You have a farm
2. that is commercial
3. that follows GAAMPs

This is a hot topic in Michigan right now, which means there are lots of resources:

https://www.backyardchickens.com/t/...farm-law-what-does-it-mean/1220#post_11600548
http://www.michigansmallfarmforum.com
http://www.michigansmallfarmcouncil.org
http://sustainablefarmpolicy.org

Note that these are contentious issues, and I am not a lawyer. What you are reading here is my opinion.

 

[4 the Birds]

Your County Assessor is who you want to talk to if you want your property rezoned to Agriculture. He/She will tell you what is required for your property and how to apply to be rezoned (your town board or the county will have the final say). In our area, X amount of your land needs to be farmed annually (we cut 10 of our 23 acres for hay) or X amount of livestock maintained on your property. Owning chickens would not be enough for the AG zoning in our area but a few goats with a perimeter fence would be acceptable to be classified with a AG zoning. Having the AG zoning will reduce your property taxes and give you the right to have a lot of chickens and be called a "small farm". Hope this helps!

 

[floridagirl13]

Does an equine boarding facility count? Technically its a farm business, but we don't really produce anything except horse poo.

Or would having, lets say a fair-sized veggie garden for a produce stand help? My county is still on the fence about chickens, even though they say that self sufficient members of the community are a benefit to the community as a whole.

 

[Sonoran Silkies]

Your County Assessor is who you want to talk to if you want your property rezoned to Agriculture. He/She will tell you what is required for your property and how to apply to be rezoned (your town board or the county will have the final say). In our area, X amount of your land needs to be farmed annually (we cut 10 of our 23 acres for hay) or X amount of livestock maintained on your property. Owning chickens would not be enough for the AG zoning in our area but a few goats with a perimeter fence would be acceptable to be classified with a AG zoning. Having the AG zoning will reduce your property taxes and give you the right to have a lot of chickens and be called a "small farm". Hope this helps!

This really depends on your state. The OP is in Michigan, not Indiana, so what works for you does not necessarily work for them (and vice versa).

 

[Sonoran Silkies]

Does an equine boarding facility count? Technically its a farm business, but we don't really produce anything except horse poo.

Or would having, lets say a fair-sized veggie garden for a produce stand help? My county is still on the fence about chickens, even though they say that self sufficient members of the community are a benefit to the community as a whole.

You need to look to your own state laws, not those of a different state, which may well be entirely different.

 

[4 the Birds]

This really depends on your state. The OP is in Michigan, not Indiana, so what works for you does not necessarily work for them (and vice versa).

As I said.......

Contact your LOCAL county Land Assessor. Whether you live in Michigan, Indiana, or Ten-Buck-Two the Assessor is the field guy that checks how land is being used according to the Zoning Laws. Everyone lives in a COUNTY. He/She can tell you what is required to meet those requirements.

 

[4 the Birds]

Does an equine boarding facility count? Technically its a farm business, but we don't really produce anything except horse poo.

Or would having, lets say a fair-sized veggie garden for a produce stand help? My county is still on the fence about chickens, even though they say that self sufficient members of the community are a benefit to the community as a whole.

I have known people that have a pony on their place and it was Residential Zoned. Not sure if it was fine with the local laws but since the neighbors had no objections then there was never a problem. If you have a horse boarding facility then you have to be zoned other than residential. They will have have an outline of things that are needed to be properly zoned.

My general rule is to have a don't ask and don't tell policy of you have a few of this or a few of that (chickens). As long as you have good neighbors and your animals are not a bother to others then you are fine.

 

[RedneckGurl]

Quote:
If you can do it where you live with just 3 acres you are lucky. In Alabama, you have to own at least 5 acres before you can be deemed a "mini-farm". Sadly, we only own 2. We are out in the county so there are no restrictions like in the city but we don't quality for any tax breaks, etc. I wish you luck.