IS IT LEGAL TO KEEP CHICKENS WHERE YOU LIVE?
As with any agricultural enterprise, keeping chickens is subject to a variety of often complex laws and regulations. Most towns and cities in the USA have some local law and/or ordinance regarding livestock and poultry in place and no two towns' restrictions and allowances are identical, so before you get started with chickens you should find out what the local laws and ordinances in your area is. First of all find out what jurisdiction you are in, municipality, township, parish. Then contact your local government and find out what the laws and ordinance in your city or town is. Go to the information desk at your local municipality and ask to speak to a person who is knowledgeable about the local laws regarding livestock. Most local governments also have online resources available, so it is well worth an online search. If the law is unclear or confusing or if no-one at your local municipality knows for sure what the laws are regarding chickens, your local animal control officer may be able to assist you. If you don't live in a city or town, visit your local courthouse to find out what your local laws are. Also view our database of local laws and ordinances to see if your town or city is listed.
Depending on where your property is located you may run into subdivision covenants. These are even more vague than municipal ones. They are not enforced by the government so the association has to get a lawyer to go after you which they may not want to do, so you may have some room to bargain. Also your association may have gone inactive after the development you are occupying was built, so their may not be anyone left to try and enforce anything.
LAWS AND ORDINANCES YOU MAY ENCOUNTER
Permits and fees
Some towns and cities may require a permit or a fee, or both. This is no different than requiring one for dogs and cats, which is the case in most cities. Some towns and cities will require permits only if the number of birds exceed the amount set in the ordinance.
Number of birds permitted
Most towns and cities have a limit on the number of chickens you can keep on your property, though some towns and cities do not have limits in place. Distances from property lines and lot sizes are usually taken into consideration when determining the number allowed. Most cities, however, state a specific number, usually between 2 and 25 birds. The most common number of birds permitted is either 3 or 4. However, in some cities the ordinances are flexible and if you wish to keep more than the stated number of birds, for example 3, you are allowed to apply for a permit to do so.
Regulation of roosters
Roosters are subject to noise ordinances in some towns and cities. Though a few towns and cities allow them, many of them don't. Some towns and cities will allow you to keep a rooster only if he is under 4 months of age. Since one of the main reasons people keep chickens is for eggs, it is generally accepted to only allow hens.
Some towns and cities have set requirements regarding coops and enclosures, some are unclear and some have no set requirements. Many do not permit birds to "run at large", i.e. free range around your backyard. In some towns and cities you may need to have your coop plans and building materials approved before you can start building.
There is a variety of nuisance clauses stated by different towns and cities and some have unclear nuisance regulations. The nuisances stated, however, include one or more of the following: noise, smell, public health concerns, attracting flies and rodents, cleanliness of coops and disposal of manure.
Regulations regarding the slaughtering of chickens in residential areas are unclear in many towns and cities. A few towns and cities do not permit it at all and some do allow it, but put restrictions on the process. For example some towns and cities will only allow the slaughtering to take place inside a building, which could help prevent neighbours' complaints.
Distance restrictions between the location of the chicken coop and property lines or nearby residences are stated in some ordinances. Again, some towns and cities have no restrictions and some are unclear. Most distance requirements are coop location distance from nearby residences and fewer were distance from property lines. The distance required from property lines could range from 10 to 90 feet and the distance from residences range from 20 to 50 feet. If a town or city chooses to to have distance regulations, average lot sizes will need to be taken into consideration. Distance requirements to neighbouring homes are generally easier to achieve as the distance includes part of the neighbouring property as well as the chicken owner's property.
Most towns and cities' regulations have some of the above in common, but some have unique regulations in place as well. For example:
- Chicken feed must be stored in rodent proof containers
- Pro-chicken regulations are on a 1-year trial basis, with only a set number of permits issued before the yearly re-evaluation.
- For every additional 1 000 sq feet of property, 1 additional chicken may be added to the set minimum for that area.
- Chickens are allowed in some multi-zoned areas. (Allowance in single family zoning is more common)
- Coops must be mobile to allow protect turf and prevent the build up of waste and pathogens.
- Some have minimum square feet requirements per bird in the coop and run.
CHANGING THE LAWS
Many people have been successful in changing their local laws and ordinances. Here are some tips for changing the law where you live:
1. Find out exactly what your local ordinances are and make sure they are sufficiently specific. Some ordinances may be vague enough for you take advantage of, for example one that prohibits "barn animals", but doesn't specify poultry.
2. Start a thread in our Local Chicken Laws & Ordinances section. Name your city/town in your thread title to make sure others in your area read it and ask if anyone else is already busy trying to change your local laws. If not, invite others from your area and create a support group. There is strength in numbers and the more people sign on, the better your chances of success will be.
3. Make sure you know and understand the current laws. Find out if chickens will be allowed under certain conditions that can be amended or if a new ordinance is needed. Get your information directly from the city, in writing.
4. Find out if there are any chicken friendly cities or towns near you, then contact their code compliance office, mayor's office and other officials. Ask about their policies, how it works and if it has been successful. Then draft an ordinance that is appropriate to your town.
5. Assemble an informational packet, based on the information you get. State facts, cite your references, include maps charts, photographs and letters of support.
6. Once you've got all the information you need, contact your city council and request the issue be placed on the agenda. Find out how your council meetings work and when public comments are allowed. Learn the protocol for submitting an item for discussion with your public officials.
7. Expect for this to take months. Changing city ordinances is neither easy nor quick, but it can be done. Stay polite, friendly, firm and persistent. This will help win your council's favour and show them you are serious.
For more helpful links and references on changing local laws and ordinances see here.