Welcome New Section: Local Chicken Laws & Ordinances!

[ClaiS6]

Can anyone tell me about selling my extra eggs? I have increased my flock to around 48 hens. What do I need to know about selling my eggs? I guess I cought the Chicken BUG!! LOL!! Love them, but never intended to have this many.

 

[Namble]

Unquestionably needed.

 

[BigPeep]

For future reference on this forum, I happen to be a lawyer in "real life" and have recently acquired some chickens. I was on our county planning commission for 8 years, our township planning commission for four years and am now a park district commissioner. I would be happy to help people with their local ordinance questions. No charge.

I live in an unincorporated "Island" surrounded by a municipality, where I still have the original agricultural zoning. I started an organic farm a few years ago and have a 30 to 50 member CSA. The chickens have been added now for eggs and to help with weeding. RIght now I have 17 Australorpths and have 25 Buff Orpington chicks due to arrive in a couple of weeks with two more orders to follow that (unless I cancel those). I also have Tennessee Fainting Goats, one of which just gave birth to triplets yesterday. These are also for weeding.

There is also a goose and two rabbits and a dog and cat.

I eventually want to be able to start selling chicks, goslings and kids (the goat kind) to customers to develop as backyard pets and to do 'suburban homesteading'. To the extent that I can link up with others around the country it would be great. In these economic times I think a movement for self sufficiency can get some traction and backyard chickens are clearly a part of that.

 

[Nifty-Chicken]

BigPeep, thanks so much for your reply and offer to help.

For you (and anybody/everybody else with experience) what we really need is an organized document or article on how to work with the city to get the ordinances changed.

We often get questions from people who don't have a clue on where to start, who to talk to, or what to say. If the community of experts could work together to create a "How To" page that included vital information and suggestions, we'd be able to point people to it.

Without experience, I would guess it could include things like:

1) How to lookup / find local officials
2) Determining why chickens aren't allowed
3) Preparing arguments for why chickens should be allowed
4) Talking points on raising chickens
5) etc. etc. etc.

I don't know the best way to organize this. Maybe a few BYC Page created by members or a forum thread? All I know is that this information would be wonderful to have collected and organized by people with experience.

 

[BigPeep]

One approach is to just do it under the radar and give your eggs to your neighbors so there are no complaints. Enforcement of ordinances are often on a "complaint basis" so if there is no complaint, no one is cited. Once an number of people are doing this and one of them gets beefed, you then have a group you can band together with to go to the city council and request changes and not have it just be you against the world.

ALso, oftentimes the ordinances are vague. If you go to the council and ask for changes ahead of time that may alert them to clean it up.

The first thing I would do is look at the local ordinances and see exactly what they say. Oftentime they do not spefically prohibit chickens, or, may limit the prohibition to "commercial uses" or "breeding". On the other side of the coin, they may allow "agricultural uses" but not as pets. You may have to play it from opposite ends depending on your situation. For example, in one town you may need to say "they are just pets and that isn't prohibited" whereas in another you would say "they are not pets, I am selling the eggs and am therefore a farm."

Everything is going to be a case by case situation.

 

[BigPeep]

Nifty: To answer your points more specifically,

(1) Hookup/find local officials:

First of all you need to know what jurisdiction you are in, municipality, township, county, parish (LA). Then you can go to the appropriate website and they will always have a list of the council/board members. I would check around and see which ones are most likely to be favorable and go talk to them.

Before you do that you should look up your local ordinances, which are also usually on line. Otherwise go there and get a copy. It may take some doing to find what you are looking for as it may not be searchable or fully indexed. You usually will find it under the zoning category, or maybe animals.

If the ordinances don't say anything, go ahead and set yourself up. If they do, be sure they are sufficiently specific. I have seen things which just prohibit "barn animals" for example. That may not be clear enough and you can take advantage of that.

They usually can't do something to you ex post facto so if there is no ordinance in place or the one there is vague, they may be required to let you keep your chickens even if they prohibit others from doing so in the future.

You may be able to petition for a change in zoning to an agricultural category or get a conditional use for a limited number of years or until you sell the property.

Your state may have Right to Farm laws which may arguably apply. Usually I would say these would not apply to urban situations but if you are outside of the city and you get annexed, you may be able to make use of them. I would hurry and get your flock going if you think that is a possibilty.

Lot size may also be a factor. Size matters if you want to be a chicken owner. You have a better argument if you have a larger lot. Also things like screening with evergreens, solid wood fences etc. can be cited in your favor if you have that.

(2) etc. Dogs make a lot more noise than chickens so if roosters are excluded, noise should not be a consideration.

The other considerations may be odor. If you can show that your coop doesn't smell that could be very important. On the other hand, the city may not want to get itself into the business of having to have a "chicken police" to check up on how everybody is maintaining their coop.

I would recommend the movie "Mad City Chickens" for an example of how to make changes in your community. They also have a website: www.madcitychickens.com. This year they are having a coop tour in August. The Madison ordinance requires payment of an annual fee of ten dollars, and notice to all neighbors within 200 feet. If more than 50% of those don't file objections within 14 days, you can get a permit. You are limited to 4 hens, no roosters, and the coops have to be at least 25 feet from the next property.

A word about subdivision covenants. These are often even more vague than municipal ones. They are not enfored by the government so the association has to get a lawyer and go to court to go after you which they may not want to do so you may have some room to bargain. Look to see if there are provisions for payment of attorneys' fees by the losing side. Also, your association may have gone inactive after the development was built out so there may really not be anyone left to try to enforce anything. You can also run for election to the association board yourself.

Good luck out there!

 

[Nifty-Chicken]

Fantastic info!!!

 

[Cleith]

I will be moving to El Cerrito, CA this August and was wondering if anyone knew the current ordinances regarding having hens in one's backyard? I'd like to have 2 or 3. It seems the ordinances have been recently changed, and I haven't had any luck getting information out of the city.

Thanks.

 

[Bebe Brett]

The by-law in our town is that we are limited to three hens. I am raising RIRs, there are eight chicks (they are not hens) soon they will be eight pullets,(still not hens) When they are hens I will dress three of them as ducks, and three as guinea fowl and hope that no-one notices.

 

[afamof11bucks]

Ok, I'm new here. I live in Dorr, Mi which is a rural township. This is a country subdivision where at any time of the day you can hear cows moing, roosters crowing , peacocks doing whatever they do and horses neighing. It's a lovely town. We've lived here for over 20 years and never had any issues with any neighbors. Until last week I think the one next to me called the zoning comissioner about us having chickens and 2 baby goats in our fenced in backyard. It seems that "legally" we need about 20 more feet of land to keep our critters. I have checked with all other neighbors in the area and they are all in support of me, some even have aliens of their own hiding out in their backyards. Others want to get some. Legally we have about 10 days to get rid of everything. Since I'm new here does anyone know about how I can work at changing the zoning or whatever? SHeesh, picky people. We keep everything very clean and keep our banty rooster inside each evening and morning in case he would crow. It's not a loud crow at all, but just in case. I do have homes they could go to if I HAVE to , but I really don't want to. I spent my small my vacation fund geting set up for them, and they are my food and friends.
One of my nicer neighbors gave me some papers that are from the Michigan Dept of Agriculture about small farms, but I need an interpreter to know what in the world it really says.
Anyone got any ideas?
I did go to the zoning office today and asked them if the neighbor was to drop their complaint could the whole thing be dropped and they said they thought so, however, I have not had great luck with that neighbor in the past. I'm even willing to share a couple of nice broilers and some eggs with them now and then, but..........
help! I need a plan! Thanks!!!!