Is keeping one horse a farm?

Concerning the first question this complex issue is still being litigated and several important cases are currently pending at various stages of the appeals process. It will probably be about another 6-7 years before a sufficient body of case law has emerged to sufficiently outline the nature of the relationship of the two distinct bodies of law. Generally speaking, though, there is nothing in the Act that precludes a municipality from zoning, but a municipality may not find any activity which conforms with GAAMPs (Generally Accepted Agricultural Practices) to be a 'nuisance'.

Second question: since it is a non-commercial activity, no.

Can't help with Michigan....but here in Arizona you need at least 5 acres and a %defined amount of revenue from farm based activities, among other requirements, all of which are defined by the state. I think Virginia has similar but even more detailed farming rules.....:) We don't regulate much of anything on a true farm here in Arizona as per the state statutes.

Ditto The One, I think there would need to be actualy "farming" going on in order to be a real farm. Having a horse will get you an AG exemption but that doesn't mean it's a farm.

Show me a tax return with farm income (loss).

In KS there are several attorneys general opinions on the definition of agricultural use. Quarrying rock for an eventual fish pond is "agricultural".

mike, I'm in a right-to-farm state as well, but we would not call that a farm. Here, each jurisdiction comes up with a farm definition based on iowa code. For us, you have to demonstrate some economic element to it (if you have three horses, you aren't making money). I would check out exactly what Michigan Code says, and move as much as you can within it.

Having worked in rural/ag areas and in horse country, no. 1 horse is a pet. A big one that makes a copius amount of poop, but still a pet. Further, anyone trying to keep a horse on less than 5-acres is being cruel to the horse, even if you are feeding it and cleaning up after it. I will be curious as to gracelia has to say about this, since she is a horse person.

One feeder cow equals a half-a-horse under EPA Livestock guidelines. Under the old animal unit program a half a horse was one animal unit. You need to check to see if your regulations cover livestock. When I worked in Michigan you could legally keep livestock out of a zoning district. If you get to where the livestock is categorized under a different definition like an AFO or CAFO, then that is where DEQ and others take over. In Nebraska a farm is twenty or more acres producing $1,000 in annual farm related revenue.

Check with the assessor and see how the property is assessed or if it has any farm land set asides like CRP or like the Michigan program that locked tax rates for farms (can't think of the act number) something like 168. One other suggestion is to call the MI Dept of Ag and see if they have an accepted definition for farms in the state.

As a follow up, according to MSU Agricultural Extension Office, any person who has one or more horses is a ‘farm’ according to the right to farm act, regardless if there are other farming activities going on.

http://www.canr.msu.edu/horseadults/newsletter/archives/winter05.pdf

Here is my take, sorry I am late. For the most part, I would call someone with one horse a hobbyist. If they are planning on breeding the horse or enter it in competitions or events like foxhunts I might consider it a farm. Some of it depends on the supporting facilities that are required.

First off, a horse does not need 5 acres. I don't understand that rationale. The generally accepted recommendation is 2 acres per horse but that is based on larger breeds and this is based soley on grazing needs. You can do well with one horse per acre as long as you manage your grazing. There are many places where the amount of acreage does not matter such as some areas in the SW where grass does not grow well. In these areas horses are get their forage in the form of hay and are in runs that give them space to goof around some. I know everyone likes to envision white fences with horses knee deep in grass. That image is quickly becoming a thing of the past. Besides, in many instances letting a horse gorge on unlimited rich grass is asking for a host of health issues.

Anyway, back to the farm. If they have a larger acreage with a barn, arena, round pen or other accessory structures but only one horse it could qualify as a farm, especially since there is the potential or it to grow as a boarding or training facility.

If someone has a horse in their backyard and the look at it and maybe yahoo around a couple of times a year, they are not a farm.

If someone has one mare that they breed once a year and sell the foal for profit, they are a farm. They are raising and selling livestock.

It is important to note that horses are not companion animals and should not be classified as such. They are livestock.

I only have 3 working horses and I consider myself to be a farm (I have two that are retired on a different property). I ride competitively; I plan to breed my mare once she has a record. I have bred one of my older mares in the past to sell the foal (still haven't sold said foal). No, I am not a big thoroughbred farm. I am a small time breeder and competitor that is developing a specialized endurance horse to market to a specific group within the sport. This really helps when the tax man cometh. I have to show intent to make a profit which comes from my winnings and the selling of foals. The only problem is that the market is really bad right now since slaughter has been banned so you can't give a horse away. It makes it very hard to make anything.

You don't have to be a huge breeder to be a farm, there are a good many of us small guys out there.

Something interesting to consider is the NAIS (National Animal Identification System) this is a program that has been set up by the department of Ag to track all livestock. According to the NAIS, if you have livestock you should comply with their rules. This means that you have to register your property (which includes GPS coordinates) even if all you have is one chicken. You have to identify all of your animals with a tag, microchip or other form of ID. When your animal leaves the property, you have to record the time and date the animal left, the destination and then record the arrival time, etc. at the destination along with the coordinates of the destination. This is not a pain for someone who raises cattle and the only time they leave is when they go to the feedlot. It is a pain for someone like me who usually trailers their horse somewhere at least 3-4 times a month, sometimes more frequently. So I guess what I am saying with this is that in the eyes of the Dept of Ag, if you have livestock you are a farm.

In the definition section of the Act it explicitly spells out the activity must be commercial. A single horse, therefore is not a "farm operation" unless the horse is expressly intended for some specifically commercial purpose (stud services, riding camps, pulling plows etc.).

I could easily envision any number yahoos trying to make an argument that because a horse could potentially serve a commercial purpose it must therefore in their particular case qualify as a 'farm operation' so as to entitle them to whatever protections they think they have coming. However, other state statutes also define 'commercial' (as used in statutory language) and these yahoos are going to have an uphill battle trying to force that square peg into a round hole. You stated in the OP, though, that the horse was "for personal, non commercial use" and therefore should have the Definitive Answer to your question.