Michigan Statewide Rule
Michigan Right to Farm Act and Backyard Chickens
Key Facts
- Statute
- MCL 286.471 et seq.
- Preemption
- Commercial farms with GAAMPs
- Residential Carve-Out
- Category 4 sites excluded
- Agency
- MDARD
Summary
Michigan's Right to Farm Act preempts local ordinances regulating commercial farms following Generally Accepted Agricultural Management Practices, but a 2014 amendment removed protection for farms in primarily residential areas, allowing local ordinances to control backyard chickens.
(6) Beginning June 1, 2000, except as otherwise provided in this section, it is the express legislative intent that this act preempt any local ordinance, regulation, or resolution that purports to extend or revise in any manner the provisions of this act or generally accepted agricultural and management practices developed under this act. Except as otherwise provided in this section, a local unit of government shall not enact, maintain, or enforce an ordinance, regulation, or resolution that conflicts in any manner with this act or generally accepted agricultural and management practices developed under this act.
Full Breakdown
The Michigan Right to Farm Act (MCL 286.471 et seq.) provides nuisance protection for farm operations following Generally Accepted Agricultural and Management Practices (GAAMPs) issued by the Michigan Commission of Agriculture. In 2014, the Site Selection GAAMPs were amended to exclude properties in primarily residential zones (Category 4) from RTFA protection, meaning municipalities may regulate or prohibit backyard chickens and livestock in residential areas. Outside Category 4 areas, GAAMPs preempt conflicting local rules. Commercial farms must follow GAAMPs to claim preemption.
Violations & Penalties
Municipal nuisance and zoning citations apply to non-protected backyard livestock; civil fines vary by locality.
Frequently Asked Questions
Does the Right to Farm Act protect backyard chickens in Michigan?
Can a Michigan city ban farm animals?
Sources
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