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Michigan lawmakers push to loosen zoning laws for backyard chickens and home art businesses, aiming to boost self-sufficiency and economic opportunity.
Michigan Bills Would Ease Zoning Rules for Backyard Hens and Home-Based Art Instruction
LANSING, Mich. – A pair of Michigan House bills, HB 4049 and HB 4050, propose changes to local zoning and right-to-farm laws that would make it easier for homeowners to keep backyard hens and operate home-based art instruction businesses without additional municipal approval. However, both bills must pass for either to take effect.
Introduced on January 30, 2025, by Representatives Jim DeSana, Greg Markkanen, Luke Meerman, and others, the bills aim to support urban farming, home-based businesses, and property rights. While HB 4049 amends the Michigan Zoning Enabling Act to permit these activities, HB 4050 modifies the Michigan Right to Farm Act to establish new state-level guidelines for raising egg-laying hens in residential areas.
The legislation faces pushback from municipalities concerned about losing local control over zoning and agricultural regulations.
Backyard Chickens: A Step Toward Self-Sufficiency
House Bill 4049 proposes that Michigan homeowners with at least a quarter-acre of land would be allowed to keep backyard hens without needing special zoning permits. Under the bill, property owners could have up to five hens per quarter-acre, with a maximum of 25 hens.
Additionally, the bill ensures that home-based art instruction businesses would be legally protected from restrictive zoning ordinances, allowing residents to conduct fine arts and craft classes in their homes. Local governments would still be able to regulate noise, traffic, and advertising, but they could not outright prohibit these uses.
Proponents argue the bill promotes self-sufficiency and economic opportunity, but critics worry about increased noise, odors, and enforcement challenges.
Home-Based Art Instruction Businesses: Expanded Opportunities
The bill also seeks to formally allow home-based craft and fine art instruction as a permitted use within single-family residences. While many Michigan residents already offer private lessons, local zoning ordinances sometimes create barriers, requiring variances or permits.
By defining home-based art instruction as a legal and unrestricted activity, HB 4049 could provide artists and educators with more economic opportunities while ensuring local governments maintain the ability to regulate secondary impacts like traffic and signage.
HB 4050: Changes to Michigan’s Right to Farm Act for Urban Chickens
For HB 4049’s zoning reforms to take effect, HB 4050 must also be enacted. This companion bill amends the Michigan Right to Farm Act, a law that protects agricultural operations from nuisance lawsuits if they follow Generally Accepted Agricultural and Management Practices (GAAMPs).
Under HB 4050, the Michigan Commission of Agriculture and Rural Development would be required to develop GAAMPs for egg-laying hens in residential areas by October 1, 2025. These standards would include:
- A minimum property size of 1/4 acre for chicken keeping.
- A limit of five hens per quarter-acre, with a maximum of 25 hens.
- Environmental and public health considerations for urban chicken-keeping.
The bill also establishes new procedures for investigating complaints about farm operations, ensuring that municipalities are notified of any violations while preventing frivolous complaints from burdening state regulators.
Critically, HB 4050 reaffirms that Michigan’s Right to Farm Act preempts local ordinances regulating farming activities. This means that municipalities would not be able to override the state’s guidelines on backyard chickens once the GAAMPs are established.
Support and Opposition: A Local Control Debate
Supporters of the bills argue that they enhance property rights, promote food security, and remove bureaucratic barriers to home-based businesses. By aligning state agricultural policy with modern urban farming trends, they say the legislation would give residents more control over their land.
However, opponents argue the bills strip local governments of the ability to regulate residential agriculture and home-based businesses based on community needs. Cities with dense populations may struggle to enforce noise, waste management, and sanitation rules if chicken-keeping becomes more widespread.
Some lawmakers also express concerns about the potential environmental impacts of backyard flocks, such as groundwater contamination and waste disposal issues. Others warn that the bills could lead to conflicts between neighbors over noise and odor.
Critics also worry that expanding home-based businesses and livestock operations could create enforcement challenges, especially in denser residential neighborhoods. Some residents fear increased traffic from art instruction businesses, while others question whether backyard chickens could attract predators or increase the risk of disease outbreaks.
What’s Next for HB 4049 and HB 4050?
The bills are currently awaiting review by the Michigan House Committee on Agriculture. Because HB 4049 cannot take effect unless HB 4050 also becomes law, both measures will need bipartisan support to advance.
The success of these bills will depend on legislative negotiations, public opinion, and advocacy efforts from both urban farming supporters and local government associations. If passed, the new laws would reshape Michigan’s approach to residential agriculture and home business zoning.
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