Backyard Chicken in Troy Michigan

Dear Council members,

It has come to my attention that City of Troy Code 90.70.20 (f) violates the Michigan Right To Farm Act (MRTFA) (1981, Act 93 as amended 1995) and I respectfully request the city council consider amending the city code to more accurately reflect the growing desire for all citizens to raise poultry for local sale and self sustaining purposes.

Currently, code 90.70.20 (f) prohibits the raising of chickens on lots smaller than 0.75 acres without a waiver from the Animal Control Appeals Board.  This code violates the language and conditions set forth in the MRTFA and related court decisions.

The original intent of the 1981 MRTFA was to protect the farmer against nuisance complaints from encroaching development and suburban sprawl.  In its original version, MRTFA allowed local units of government to also exert regulatory control over farming operations through local zoning regulations.  However, in 1999 the legislature passed an amendment to MRTFA that specifically prohibited local units of government from attempting to regulate farming beyond the state-wide MRTFA provisions. 

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.

As a result of the 1999 MRTFA amendment, everyone in Michigan with a commercial farming operation that follows generally accepted agricultural management practices (GAAMPS) is protected by the Right to Farm Act including residential backyard chicken farming.  Specifically, the Michigan Court of Appeals upheld that backyard chicken farming met the criteria of the MRTFA in Shelby Township v. Papesh (267 Mich. App. 92; 702 N.W.2d 9the 2 (2005)).

With respect to residential backyard chicken farming, two GAAMPS must be considered.  First is the GAAMPS for Care of Farm Animals and second is the GAAMPS for Site Selection and Odor Control for New and Expanding Livestock Production Facilities.  The GAAMPS for Care of Farm Animals pages 52 to 56 provide general management, environment, facilities, equipment, and health care practices but do not restrict the number of chickens nor specify land requirements.  The GAAMPS for Site Selection which define among other criteria, setback distances and other dimensional requirements only apply to “Livestock Production Facilities” with animal populations in excess of 50 animal units (in the case of chickens that number is 5000 hens).

My recommendation to the council is to amend the current City of Troy Code and remove any reference to lot size. In lieu of a lot restriction, I propose similar language used in Ferndale and Ann Arbor code:
a. Must obtain a permit
b. Keep no more than 8 hens.
c. The principal use of the person’s property must be for a single-family dwelling or two-family dwelling.
d. No person shall keep a male chicken (rooster).
e. No person shall slaughter any hens outside of the primary residence, visible by neighbors.
f. Any person keeping hens shall remain subject to public nuisance animal controls.
g. must comply with GAAMS Care of Farm Animals
h. All enclosures for the keeping of hens shall be constructed, repaired and maintained in a manner to prevent rats, mice, or other rodents from being harbored underneath, within, or within the walls of the enclosure.
i. All feed and other items associated with the keeping of hens that are likely to attract or to become infested shall be so protected so as to prevent rats, mice, or other rodents from gaining access to or coming into contact with them.
j. Chicken coops and enclosures shall be at least 20 feet from any residential structure not owned by the permitee unless written permission is granted from the owner of the affected residential structure

I believe that the above recommended revisions to the City of Troy Code is a reflection of the growing desire for residence to raise backyard chickens and still maintain the civility of living a residential community. The advantages of living in a city that promotes a smart, sustainable, organic lifestyle far outweigh the uninformed reluctance naysayers that refuse to embrace change. There are many economic and politically compelling reasons to keep hens.  Chickens recycle food and yard waste into a nitrogen-rich fertilizer organic soil builder for your garden. Chickens serve as organic insecticide and pesticide by eating insects and weeds.  Chickens naturally work the soil by scratching and digging.  They mix manure with compost to make valuable mulch. Residential backyard farming promotes genetic diversity in chickens.  Because factory-farm operations prefer pretty much the same type of high-volume laying breeds (or in the case of meat, heavy, fast-growing meat birds), the preservation of rare, heritage breeds is threatened. If we lose these beautiful breeds, we wipe out genetic material from a species, perhaps losing genes that could save the poultry industry one day if the standard production breeds fall susceptible to illness. And maybe the most important aspect of backyard farming is the promotion of family values and self accomplishment.  Families with gardens and farming operations generally develop a stronger appreciation for the land and the energy it takes to produce the foods we eat.