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Animal Density Best Practices #866909

Asked May 03, 2024, 1:57 PM EDT

I'm working on a zoning ordinance for keeping of animals. Do you have/know of a resource that provides a list of animals (meat and dairy cattle, horses, goats, pigs, sheep, chickens, turkeys, pheasant, duck, etc.) and the suggested acreage for each? Lima Township's zoning ordinance section 5.37.2.1 references an MSUE document that provides this information, but I haven't been able to find it. Please point me in the right direction for this or an updated document with similar information. Lima Twp Zoning Ordinance: https://www.twp-lima.org/wp-content/uploads/2019/02/TWP-zoning-ords-upated-8_18.pdf

Wayne County Michigan

Expert Response

Greetings,

The source for the table is unknown - I will continue to explore this. However, local governments must be careful when regulating agriculture. That is because the Michigan Right to Farm Act preempts local regulation authority, but not all local regulations.

At the most basic level, if the activity in question:
  • Is a “farm operation” (defined in the act: MCL 286.472(b)),
  • Producing “farm products” (defined in the act: MCL 286.472(c)),
  • Commercially,
then the activity applies under the Right to Farm Act (RTFA) and local regulation is unenforceable. The Michigan Attorney General has stated in Opinion 7302 (2018) that a local government ordinance cannot regulate the number of livestock per acre under the RTFA’s Section 4(6).

However, if one of the above three criteria does not apply, or an aspect of the farm activity is not addressed in the RTFA or any of the published Generally Accepted Agricultural and Management Practices, then local regulation does apply. For instance, if the activity is solely for personal use (i.e., it is not commercial), then it can be regulated by local government. In this instance, the Michigan State University Extension resource Sample zoning for agriculture-like and urban agriculture may be helpful. It is only to be applied in instances where the RTFA does not apply.
Brad Neumann, AICP Replied May 05, 2024, 8:37 AM EDT

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