Taking it to the State level?

[artilum]

I've read through and have enjoyed reading everyone's different experiences. I live in a small town in North Dakota that prohibits fowl of any kind. I did a TON of research and gathered all kinds of information and presented my request to change the ordinance to allow chickens to the city council. They seemed open to the idea and allowed my a couple of weeks to come up with an ordinance proposal and meet with the ordinance committee. I felt like this was very promising!

After meeting with the ordinance committee yesterday, it did not go well at all. It seems the members had run into a lot of people that were responding negatively to the idea of having chickens, and 2 of the 3 members of the committee were personally against the idea. We talked about some of the issues they had heard and personally felt, and I had an appropriate response to each issue, however, it seemed to all boil down to, "I just don't want chickens in town." Since it was clear that there was no convincing them otherwise, the official decision was to not pursue the idea of allowing chickens in town any further. Furthermore, if I were to go the route of having a petition signed, other members of the community against the idea have already stated they would petition NOT to have chickens.

Based on the reaction, even if I got it on the ballot, I'm not sure that I have enough support to pass it.

With this brick wall, I was wondering if anyone in a similar situation has considered taking the fight to the state level? I have done a lot of searching and haven't found anything. Essentially, I guess the idea would be to argue for a state law that would protect the rights to own chickens from a perspective of self-sufficiency and protection from pandemics or outbreaks that would hender the commercial food supply.

I would be interested in hearing any opinions or if anyone has come across any examples of this elsewhere. I would also love to hear from others in ND that have or want chickens in their cities or towns.

 

[Brooks_]

I'm not sure that state level could or would help you. However, I am shocked that Small Town, ND has a problem with chickens.

 

[nuthatched]

Can you present your case, but limit the chickens to say, 8 hen, no roosters?
You can own chickens in downtown Manhattan, I'm constantly surprised how many places don't want them.

 

[alwaystj9]

Be careful, someone may bring up Avian Flu.

 

[U_Stormcrow]

Property values. With home prices skyrocketing right now - and that being the only significant investment for most adults, the belief that nearby poultry will negatively impact property values is a significant impediment to the passage of any pro-poultry ordinance.

You can look to the State of TX, generally considered pretty pro-freedom, for some of the difficulties and limitations of passing a State-wide ordinance - they've been at it for years. You should also keep in mind that TX, Florida, and a number of other generally "permissive" States are "local rule" states, meaning a tremendous amount of zoning authority has been devolved from the state level to the county, city, or village- so the same openness that makes ownership more likely than in many a New England state or California with its strong central government is actually a liability in TX - where the local gov'ts reflexively object to State efforts at tinkering with the zoning.

Its a very complicated situation, with a lot of local specifics. You aren't going to find a one size solution - but perhaps you can learn from efforts elsewhere.

 

[Brooks_]

Property values. With home prices skyrocketing right now - and that being the only significant investment for most adults, the belief that nearby poultry will negatively impact property values is a significant impediment to the passage of any pro-poultry ordinance.

I get your point, but when I think about it...if a flock next door brings down my value, it's not really worth anything to begin with.

 

[U_Stormcrow]

I get your point, but when I think about it...if a flock next door brings down my value, it's not really worth anything to begin with.

I didn't say I shared that belief, just that its a common objection to poultry ownership nearby. NIMBY "Not in my back yard" (never mind that the NIMBYs tend to include an awful lot of property they don't actually own in the scope of what they think they should personally have say over).

 

[Brooks_]

I didn't say I shared that belief, just that its a common objection to poultry ownership nearby. NIMBY "Not in my back yard" (never mind that the NIMBYs tend to include an awful lot of property they don't actually own in the scope of what they think they should personally have say over).

Didn't think you did. Yes, it is. Yes, they do.

 

[artilum]

Can you present your case, but limit the chickens to say, 8 hen, no roosters?
You can own chickens in downtown Manhattan, I'm constantly surprised how many places don't want them.

I did. Everything they threw at me I had a response for, partially thanks to a lot of information I gathered on here beforehand, but they just had a basic stubborn attitude that was not going to be persuaded otherwise. I think the underlying issue is that many people here just don't like change. It's hard to argue against "no" just because they don't want to say "yes."

 

[artilum]

I'm not sure that state level could or would help you. However, I am shocked that Small Town, ND has a problem with chickens.

I have just started my research, but the way I understand it is if there is a contradiction between the state laws and any laws or ordinances below the state, the state law trumps local juristiction.

My thinking is if there was a law that protected the rights of certain activities related to self-sustainability (ie producing your own food) and it specifically protected the right to raise poultry, among other things, the local ordinance that outright prohibits fowl of any kind would be voided by the state law.

After posting this, I came across a thread on here to points to a Texas Bill that does just that (HB1686). This is almost exactly what I was thinking of doing.

Oh... and I am shocked myself. I mean, we are literally in the middle of a hugely agricultural state. Nothing but farming and ranching for the most part, but we can't have chickens? It's absurd in my opinion.