Michigan loses the farming act for beekeeping.

Started by Better.to.Bee.than.not, May 04, 2014, 09:20:32 PM

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Better.to.Bee.than.not

well, here we go, getting screwed again....where was everyone fighting this? Where 'is' everyone now? Our state first is yours next? 8 homes within 1/4 mi...sigh.

http://www.inquisitr.com/1235774/michigan-loses-right-to-farm-this-week-a-farewell-to-backyard-chickens-and-beekeepers/


SueCT

What a shame!  I love to support local farms here in CT through local farm markets, CSAs, etc.  I feel much better about the produce and meats being produced by these small farms that are close enough for me to visit vs. the large, monoculture and factory farms that often supply our grocery stores. I'm really sorry to hear this and hope that communities will support these small family farms on a local level.

GSF

I'd go to jail over that. I'd find out who sponsored the act, then who voted for it. The next step is to make it very public, especially during campaigning time. My land goes back a couple generations. We are experiencing what is commonly called "The White Flight". Pretty much white folks wanting to get out of the city and move to the country. My ancestors cut down trees, blew stumps, then worked like heck to keep the land. I couldn't handle that law.
When the law no longer protects you from the corrupt, but protects the corrupt from you - then you know your nation is doomed.

BlueBee

QuoteI'd find out who sponsored the act, then who voted for it.
That's an easy one.  The same political party that always uses "fear" to strip us of our rights.

http://www.michigan.gov/mdard/0,4610,7-125-1572_2878-8251--,00.html.

All appointed by our Republican Governor.  Michigan is under the control of the Republicans.

QuoteThe next step is to make it very public, especially during campaigning time.
LOL.  And how many bee keepers do you think are going to abandon the Republicans.  :lau: :lau: :lau:

In defense of the Republicans...there are always two sides to a story and we're only hearing one side here.  My guess is there have been a few bad apples abusing the "right to farm act".  That resulted in serial complaints that finally bubbled up to the state level.  Has anybody ever lived next to a house in town with Roosters?   

It sounds to me like our Republican friends have passed democracy back to the local level and it's now up to each community (ie "the people") to decide their own destiny.  Right?

Better.to.Bee.than.not

It turns out, this judgment, even though it is the first step to totally screwing over beek hobbyists, isn't what will screw them over. what this judgment does is proclaim they are not protected by the small farms act of '81. which then leaves the people defenseless against city management, to them be the ones who screw them over. Their argument is that if they did not make this determination, then a neighbor in a regular neighborhood could then put 4,999 chickens on his small property in the middle of a full neighborhood, and there is nothing the law could do about it, even if they did not fall within what are called GAAMPS " Generally Acceptable Agricultural and Management Practices", because the 'LAW' takes precedence. They can still make a GAAMP that says it is ok to have 3-4 hives/acre or something...but either or, it is BS.at least within reason....ok...I can admit there should be some rules. can we have a full scale beehive operation of 100-200 hives in the middle of the city on some guys small property? no I don't think we should force his neighbors to endure that. so there should be rules. but those rules cannot be allowed to be changed willy nilly by a few pompous idiots who happen to be in office for a few years, and they should be reasonable.
  we as the bee community should really have input on what is reasonable, and what is not. Should it be based on so many hives/size of lot, without being within 10 ft of a property line, without consent of the neighbor? I do not think that is unreasonable, depending on how many hives/what size/etc.
  And gov. snyder is up for re-election. I like him personally and he has done a tremendous amount for this state, totally changed it's direction since the last loser democrat was in office (And of course blue is lying, MI is not under control of the republicans, if it was things would be far better, carl levin and debbie spenditnow are both of our senators, and both democrats who we will hopefully get rid of this election, but we do have a majority as representatives in the house of republicans, which is why the state is finally getting better.) However, we should all blast him if you live here or not and tell him to put pressure on the Michigan Department of Agriculture, to reverse this, come up with hard rules that are acceptable or something or threaten to get rid of him, imo. He does work for us.

chux

I really don't like this change. If they did that in NC, i would not be able to keep bees, and i live in the country.

GSF

<I really don't like this change. If they did that in NC, i would not be able to keep bees, and i live in the country.>

Chux, that's kinda what I was talking about. I can understand restrictions in the city where everyone is elbow to elbow, but in the country it shouldn't apply. Then everyone's definition of "country" is different.
When the law no longer protects you from the corrupt, but protects the corrupt from you - then you know your nation is doomed.

Better.to.Bee.than.not

Don't leave us people in the city in the cold...first of all, sometimes a person buys a house that isn't in the 'city' and it becomes the city there after, because people and the city build around them. every is really in 'a' city almost. As you state, what determines what a city is compared to country anyways?  They are attempting to define it as less than 8 homes within a 1/4 mi radius. that means you could be on a farm, and that farm could stretch for 10 miles on three sides away from people and have plenty of room...but on the 4th side, it is only 1300 ft. away. (standard 'city' blocks in portland and manhatten for instance are 260ft street to street.).... so you are talking 8 houses that are 4 city blocks away on one side, and suddenly it is no longer a protected farm. OR, as some farms have, they have family homes on their property also, so 3-4 homes on their property, and then 3-4 on one side 4 city blocks away, is still 8 residents within 1/4 mi. or maybe 1 on each side of the large property.)
 The way the laws are now, is all things still have to follow sound and other ordinances. you can't blare your radio or your rooster for instance and disturb the neighbors. but many of us have beehives within 6-10 ft of a neighbors property. One, two, or a few hives should not be a problem, and they occur naturally as well anyways.

did just find out also:
quote from the MDARD Press Release: "...The eight GAAMPs are reviewed each year by a committee of experts in their field allowing an opportunity for them to evolve and adapt based upon current situations and conditions in Michigan."
.
so one year you can...one year they get idiots who claim you cannot...next year they claim you can, year after they claim you cannot...BS.

buzzbee

 I wish someone would post a link to the actual law as this link is spreading all over but not one reference to the actual law.

In reading the article it does not specifically ban any farming. It just relinquishes it to local control which likely could already be done by changing zoning district.
Now is the time to get ordinances in agricultures favor of agriculture on the local books. And if there is no prohibitions,you as citizens need to be aware when your local jurisdiction tries to make changes. It is always advertised. Many places already have restrictions and people don't know because they don't pay attention and no one ever made an issue out of it.
Did you not have any heads up from your state bee association? If not,I'd ask why. You need something for your dues.

I see this is being spread by the Sierra club.I don't think they are friends of Agriculture. Local control makes it harder for them to push their agenda in farming practice too.

buzzbee

If it means what you think it means,you need to have every beekeeper and farmer contacting the "elected 'officials and have them repeal this. Ultimately elected officials are responsible for any law passed.

Better.to.Bee.than.not

well that is part of the issue. truth is, this isn't 'changing the law' all it is doing is being over-reach. some council that isn;t even elected officials, is just proclaiming what they have decided is their definition, that the small farm act of 1981 means and doesn't mean, and then issuing a GAAMP (General Agriculture 'acceptable' management practice)  it's just like Obama issuing a executive order, which is really supposed to only apply to how the executive branch is to interpret laws 'as he sees it' as it's head...but that has then changed into 'is treated as law', and that should never be done.... same with these clowns and all other clown agencies as well. The police do not get to decide what Laws mean willy nilly, and certainly 5 appointed people shouldn't either. as for the small farming act of 1981/right to farm act 1981, here it is:
http://www.michigan.gov/documents/mdard/RTF_ACT-93-of-1981_379049_7.pdf

in part:
"286.472
Definitions.
Sec. 2.
As used in this act:
(a)
"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.
(b)
"Farm operation" means the operation and management of a farm or a condition or activity that occurs
at any time as necessary on a farm in connection with the commercial production, harvesting, and storage of
farm products, and includes, but is not limited to:
(i)Marketing produce at roadside stands or farm market...

and they want to change it to NOT include something that is not within 8 other residents within 1/4 mile radius. We cannot see the notes or the minutes of the meeting because they meet in private, and 'at their ability' put the notes up onto their site for the people to see....last meeting was April. 28th. the last meeting with the information on their site is from march 20th I believe, almost 2 months ago.

BlueBee

Quote from: Better.to.Bee.than.not on May 05, 2014, 05:01:25 AM
And of course blue is lying, MI is not under control of the republicans, if it was things would be far better, carl levin and debbie spenditnow are both of our senators, and both democrats who we will hopefully get rid of this election

LOL, you talk about being in denial of reality :laugh:  Sounds like somebody needs to review 8th grade civics.  US Senators do NOT write Michigan Laws.  The legislators in Lansing write Michigan Law and the Republicans have had a super majority in Lansing until recently.  This recent decision on the RTF act was made by a commission of 100% Republican appointees.  Sorry that facts get in the way of fantasy sometimes.

QuoteIn reading the article it does not specifically ban any farming. It just relinquishes it to local control which likely could already be done by changing zoning district.
BuzzBee is right.

The state law was being used/abused as a loophole around local government laws.  Technically someone could keep up to 4999 chickens on a city lot and be protected by the RTF act.  Is that really fair for the neighbors?  Maybe, maybe not, but shouldn't local communities have a right to make up their own minds?  If you don't like the way your local government is governing, then vote them out, go to city council meetings, let your voice be heard.  Why do you want Lansing, or Washington DC telling you what you can or can't do?

Maybe this is a more fair and balanced perspective on the change than B2B's report.

http://www.mlive.com/news/kalamazoo/index.ssf/2014/01/removing_michigan_right_to_far.html


BlueBee

Quote from: Better.to.Bee.than.not on May 05, 2014, 06:51:17 PM
it's just like Obama issuing a executive order, which is really supposed to only apply to how the executive branch is to interpret laws 'as he sees it'
Wrong again.  Did you even read the law?

257.923 of the Michigan Compiled Laws.
(d)
"Generally accepted agricultural and management practices" means those practices as defined by the Michigan commission of agriculture. The commission shall give due consideration to available Michigan department of agriculture information and written recommendations from the Michigan state university college of agriculture and natural resources extension and the agricultural experiment station in cooperation with the United States department of agriculture natural resources conservation service and the consolidated
farm service agency, the Michigan department of natural resources, and other professional and industry organizations

The law says a commission will make the decision over how GAAMP are defined.  The Republicans are actually following the law which is refreshing. X:X

jayj200

GO TO THE STATE AND DEMAND THIS SHOULD BE DISOLVED.

THEN VOTE THE BUMBS OUT OF OFFICE

buzzbee

I was wondering if the law was being abused by the example you gave Blue.
I have seen similar things here. And often times there is ignorance of other laws of husbandry such as manure management and numbers of animals per acre and a lot of other stuff that pits the locals in a heard spot with rules of the state. There are times that the people involved can make better decisions for their communities than a bureaucrat a couple hundred miles away. I bet it is easier for citizens to attend a town/township/county meeting to state their case than go to the state assembly. Whether it be the farmer or town folk who would like their input in local legislation.
My guess is that hobby farmers ignorant of the laws or arrogance is what brought this about. I am not saying this about all of them, just the reckless ones.

Here is how things are working out in one municipality in PA. Common sense is prevailing once the facts have been presented at the local level and I tyhink most things could be done better on local case by case basis.
http://plymouthwhitemarsh.patch.com/groups/politics-and-elections/p/plymouth-tweaks-draft-beekeeping-ordinance-reduces-requirements

It's not perfect,but compromises are being made to keep beekeeping acceptable.

buzzbee


BlueBee

Quote from: buzzbee on May 07, 2014, 09:00:09 PM
I bet it is easier for citizens to attend a town/township/county meeting to state their case than go to the state assembly.
My guess is that hobby farmers ignorant of the laws or arrogance is what brought this about. I am not saying this about all of them, just the reckless ones.

Exactly.  I go to city council meetings all the time.  You're MUCH more likely to have your opinion listened to in your own community than at the State house.  The folks on the city council are usually members of the city/town too; they're your neighbors. 

As BuzzBees link showed, local ordinances are not dictates handed down from the mayor; they are drafted, reviewed, and voted on by the city council with input from concerned citizens.  There is some flexibility if you participate in the process. 

I would prefer to have no restrictions, but there are always a few bad apples that will abuse the system and force the rest of us responsible folks to adhere to a set of rules.  In the case of Michigan, it looks like the main problem was people trying to keep noisy chickens in town despite lots of complaints and then trying to hide behind a technicality in the State's Right to Farm Act.

Better.to.Bee.than.not

I doubt there will ever be as many people/situations using the law to get away with doing things as there are people using the law to prevent people/situations from doing things. The small farms act is meant to protect people. That is its purpose. This post isn't about saying the sky is falling. it is about people becoming aware and getting involved. Without the protection from the small farms act, or as it is known the right to farm act, there is no protection. None really. yes, you 'can attend' meeting, but as has been shown numerous times even if you do it doesn't mean those making the decisions will listen or do what the people at those meetings wish for them to do. Once the vote is on , it's on and done.
  What this means is folks are now without protection and are forced to get out and spread education about bees/chickens/etc., and just hope people don't have some bias on the councils making these decisions, or bought off. In short...I always hope those involved will have the intelligence to make the 'right' and 'fair' choices.... and I am often disappointed, so do not want 'the protections' to disappear.

danno

Governor Snyder and our State Rep Ray Franz along with others are already working to reverse this.   The right to farm has nothing to do with city people raising "5000 chickens on a city lot.   My farm being on the front 40 of the main Hwy has been rezoned 2 times in the last 20 years.  It was first rezoned commercial and then rezoned transitional residential about 3 years ago.  My place has never been taken out of Ag. in over 100 years and will be grandfathered in as Ag until I stop doing it.  I raise chickens, hogs and alot of bee's.  There is a 20 acre parcel for sale next to me that someday might have homes on it.  Most likely a city person that wants to get out in the county.   Suddenly after building there dream home they realize that farm animals make noise,smell bad and have sex out doors and they dont like it.   The right to farm was set up to stop problem situations like this from ever making it into the courts.   

Better.to.Bee.than.not

Exactly Danno, and thanks for speaking up. even though it may be grandfathered in for you, what about the future? We shouldn't allow it to even end with you. Thats been another scam they've been using...they rightly think that people won't care what happens after they are not around anymore, so make these rules that expire after they do, when often the persons family carries on, or even maybe another family.