Michigan Right to Farm Act

[LogicalBee]

Does Michigan’s “Right to Farm Act” protect bee keepers in City Limits from nuisance lawsuits, or not?

The Right to Farm act was enacted in 1981 to protect farmers from nuisance lawsuits as the city folks expanded into farming areas.  If a city slicker moved next to a farm and sued them for animal smells, the suit could be thrown out if the farmer was following the rules in the right to farm act (GAAMP).

Last year our new State Government decided to remove the right to farm protections for what they now call “residential” areas; ie. a non farm home within 250 feet.   That pretty much removed State protections for anybody living close to a city or on a small lot.  The reasoning given was too many hobbyists were trying to raise livestock (chickens, goats, a cow, etc) in residential and city limits and using the state law to defeat city ordinances.   

However bees evidently were never considered “livestock” in the state laws and hence this 2014 change to the right to farm act didn’t really affect bee keeping; I believe.  Anybody have another opinion on this?

So along comes 2015 and the state government is back at it again.  This time they’ve defined new rules for locating hives on your property and fences that, when followed, evidently give us bee keepers protection from nuisance lawsuits if we follow their rules. 

http://www.mlive.com/news/kalamazoo/index.ssf/2015/01/small_farmers_relieved_that_mi.html#incart_related_stories

The state rules sound reasonable to me, but I’m wondering if they can be used to trump any city ordinances about keeping bees in City limits?  Thoughts? I keep most of my bees on a farm that falls under the state protections, but I do own some city property and have kept bees in residential areas before (without the fences).  In general the City governments around here are very anti people and I suspect they would/will ban bee keeping any time they get the chance. 

[Perry]

The rules seem reasonable enough.A few years ago, I had 5 hives within 15' of a well used trail walked by hundreds of folks and no one even knew they were there. The old lady 2 doors over spotted them across the yard and complained on day 2 of me setting them up. I explained to the town (and they agreed as she was a constant source of grief for them) and they gave me the OK. I gave her a jar of honey to keep the peace and years later when we sold and moved to Wolfville she was upset because her garden and berry plants had never been better.
Out of sight, out of mind!

[tecumseh]

you want to be careful of these laws who intent is something beside what the name implies.  quite often the only benefit for laws like this are (and this has been documented and is therefore not just theory) large feed lots and chicken feeding operations that allow their poop to spill over onto other peoples property.  the people harmed by this form of neglectful behavior then have no legal recourse to make people do the right thing.  with such a law someone could pollute a population water source and not even have to think about remedying the problem.

beekeepers have always done a nice dance in making bees look like domesticated or wild thing depending on how it suit them at any point in time.  in a lot of place honeybees have always been considered to be non domesticated.

[Ray]

I am located in Mecosta County. My property is zoned R-1 which is a step removed from being zoned agriculture. Apiaries are currently allowed on property zoned R-1.
Farming in this area is mostly either huge operations or Amish.

Definition(?):
A. Intent. to establish and maintain a low density rural residential environment for single family dwellings which are similar in construction, standards, permanency, living area, preservation of property values and economic stability; and are in accessible areas free from small lot residential subdivisions which may require additional public facilities and services beyond the traditional rural level of government services.

I am presently trying to get a farm number for my apiary, just in case.

[riverbee]

"Does Michigan’s “Right to Farm Act” protect bee keepers in City Limits from nuisance lawsuits, or not?"

i read it, and yes it does.

"Are bees included in the Livestock Siting GAAMP?
A: No. Bees are not considered livestock and are not included in the Site Selection & Odor Control for New/Expanding
Livestock Facilities GAAMP. However, bees are included in the Care of Farm Animals GAAMP."

so i looked up michigan's "Care of Farm Animals GAMMP"
GENERALLY ACCEPTED AGRICULTURAL AND MANAGEMENT PRACTICES FOR BEEKEEPING AND APIARY MANAGEMENT

go to page 87 or find the above section in the pdf file......

"The state rules sound reasonable to me, but I’m wondering if they can be used to trump any city ordinances about keeping bees in City limits?  Thoughts?"

no logic, the state sets the guidelines, and cities must follow the states guidelines. cities can add other specifics to the city ordinance, but must follow the guidelines the state has already provided. (and they do).

hope this helps.

[LogicalBee]

Thanks for that pdf link riverbee. 

The State rules sound reasonable, its the local govt dictators that usually cause the most problems though. 

[kingd]

Thanks for that pdf link riverbee. 

The State rules sound reasonable, its the local govt dictators that usually cause the most problems though. 

   I agree, They can be a nightmare ! And they all have different ideas on how things must be and the ideas are different on who you talk to
in the same township

[riverbee]

you are welcome logical, if there is something you can't find, give me a holler, i usually know where to look for these types of documents, and can sometimes decipher what is being said...

logical and kingd, are you located in townships? 

[kingd]

Yes and my township is extremely picky and has many rules and regulations.

[riverbee]

LOL, well if anything like my township, all on it are just good ol country boys with all sorts of backgrounds (mostly ag/farming backgrounds)  and no one really has a clue how to run a township, or read and follow state guidelines, and if your 'in' with someone on the board, you can just about get away with anything or get an ordinance passed............it's scary sometimes going to township meetings. 

[LogicalBee]

My bees are in a township too, but I also own property in city limits. 

Luckily my township government only “works” 1 day per week so there’s only so many rules and regulations they can cook up and pass in an 8 hour day.  They’re pretty reasonable and not very intrusive. 

The City governments are much worse.  They have an endless staff of bureaucrats at City Hall making up new rules, fines, and fees for their poor subjects 5 days a week.  They make the NSA look like unobtrusive.  :'(   

[riverbee]

logical,
i own property in two places, a rural township and a 'rural' suburb of a city. i keep my bees in the rural township, (80 acres), bees are not allowed in the suburban city residence (3/4 acre). i sneak nucs there from time to time and most of my neighbors don't care but working on the no beekeeping thing, and working on the mayor.  i will say this, it's a scary thing, the makeup of my township board and sometimes the decisions they make, they work one day a month..........
in my city? bureaucrats or not, they are a little more 'educated' than my township, and for the most part make reasonable and rational decisions......
or at least more reasonable and rational than my township............ the township drives us all crazy.......