Confused...what does this law mean? How would you interpert this?

[chickypeep]

Quote:

at house chickens idk how that'd work being I have a cat who's pretty rambuncious, she's a 6month old Bengal cat.

 

[Egghead_Jr]

"excluding pet birds kept within a dwelling" is your loop hole. As long as they are confined to a covered run and coop they are pets kept within a dwelling. Here one could split hairs as to what the definition of a dwelling is. One could assume it is your primary residence or home or one can say it's a structure the pets are confined to dwell in. Law is usually not subject to interpretation so with lack of exactitude as in primary residence, house, home, etc. the later interpreting is sufficient. Least way good enough for me and I'd fight it if contacted by town. If you don't sell eggs and maintain less than ten birds they are indeed pets.


ETA- and there it is in section 4, preapproval of site plan from select board.

 

[Chick Norris]

Get letters from your neighbours and request a variance from the Board.

 

[chickypeep]

Quote:
Oh ok so like does that mean I have to go in front of this "Planning Board" and ask if it's ok to keep chickens on 1 acre? Sorry, for all the questions, I just want to be sure I do everything right legally. And what's a site plan review mean? Do I write up a letter explaining what my intentions are? Like say I Mrs Blankty blank would like to put in a chicken coop and have approxitmately 5 chickens and maybe a as well rooster? How would someone go about doing this?

Thanks ahead of time!

 

[scbatz33]

Quote:
Oh ok so like does that mean I have to go in front of this "Planning Board" and ask if it's ok to keep chickens on 1 acre? Sorry, for all the questions, I just want to be sure I do everything right legally. And what's a site plan review mean? Do I write up a letter explaining what my intentions are? Like say I Mrs Blankty blank would like to put in a chicken coop and have approxitmately 5 chickens and maybe a as well rooster? How would someone go about doing this?

Thanks ahead of time!

Yes that's what it means. You'll need to contact your planning board and find out what the procedure is.

 

[Egghead_Jr]

Quote:
Oh ok so like does that mean I have to go in front of this "Planning Board" and ask if it's ok to keep chickens on 1 acre? Sorry, for all the questions, I just want to be sure I do everything right legally. And what's a site plan review mean? Do I write up a letter explaining what my intentions are? Like say I Mrs Blankty blank would like to put in a chicken coop and have approxitmately 5 chickens and maybe a as well rooster? How would someone go about doing this?

Thanks ahead of time!

Exactly right. Call the town clerk and ask what procedure is. It's probably as simple as attending the next select board meeting with your agenda on the roster. Have a sketch of your land and where your coop will be, how far from neighbors houses, how big it will be and how many chickens. They should vote on it right then and there.

 

[Alabama ee]

Quote:
I think the "excluding pet birds kept within a dwelling," might be a loop hole. The chickens will be pets. I would not ask anyone, or go to neighbors. If you start asking around, folks might decide they don't want chickens. Just go for it.

 

[chickypeep]

Quote:
So you think the building a coop with a large run built into on it and having say 5 chickens is ok? Yeah, I didn't plan on selling eggs just having the eggs for my family within my house for breakfast. We are a family of 5 if that matters at all. What do you think about the preapproval of site plan? Sorry to ask you and everyone so many questions I just don't want my chickens taken away and to get fined when I put them in.

Btw this is the law on keeping animals fenced into the property(not sure if this is something I should be applying to the rule w/the dwelling rule as well or what):

H. Permanent fences and walls erected for purposes other than the confinement of livestock shall require permits under this chapter. Vegetative fences shall be set back a distance to maintain all growth on the property affected. Residential fences and walls shall be a maximum of six feet in height, and commercial fences shall be a maximum of eight feet in height.

[Amended 6-14-2010 by L.L. No. 1-2010]
I. Burning barrels shall not be permitted in the RS-1, MU, RMH, NS or BH Districts.

[Amended 6-14-2010 by L.L. No. 1-2010]
J. Dwellings in accessory buildings. An existing accessory building on the same lot with a main residence building may be used for residential purposes, provided that such building meets the setback requirements of this chapter and complies with all applicable health and building codes. In addition:

[Added 6-14-2010 by L.L. No. 1-2010]

(1) Either the accessory dwelling or the principal dwelling on the lot shall be occupied by the owner of the property.
(2) The property shall be at least one acre in size.
(3) No less than two off-street parking spaces suitable for year-round use shall be provided for each dwelling, and no parking space shall block another.
(4) Such accessory building shall not be separated or subdivided from the original lot unless it can be shown to be in full compliance with this chapter and the Town’s subdivision regulations and Construction Codes.

Editor’s Note: See Ch. 95, Subdivision of Land, and Ch. 42, Uniform Construction Codes.

Should I look up the defination of a dewlling and post that here to see what I can do w/that as far as housing the chickens in their coop?

ETA-fixed some typos

 

[drifter]

Call your town planning board. the law dosent come out and say you cant have chickens on less then 3 acres. It just says that if you have more then 3 acres you cannot keep more then 25 birds per acre.

 

[chickypeep]

Quote:
Oh ok so like does that mean I have to go in front of this "Planning Board" and ask if it's ok to keep chickens on 1 acre? Sorry, for all the questions, I just want to be sure I do everything right legally. And what's a site plan review mean? Do I write up a letter explaining what my intentions are? Like say I Mrs Blankty blank would like to put in a chicken coop and have approxitmately 5 chickens and maybe a as well rooster? How would someone go about doing this?

Thanks ahead of time!

Exactly right. Call the town clerk and ask what procedure is. It's probably as simple as attending the next select board meeting with your agenda on the roster. Have a sketch of your land and where your coop will be, how far from neighbors houses, how big it will be and how many chickens. They should vote on it right then and there.

Ok so I'll see about calling and asking them the procedure. Good idea about a sketch of my land and showing were the coop will be. Should I try asking on the higher end of how many chickens I will have like say 10 when really I plan on 5....just in case I decide to get more than 5 to cover my butt legally? Or should I just say 5? I want to get a decent variety of chickens and enough that a family of 5 can have enough eggs for breakfast 3 to 4 days out of the week at least.

Also sorry taking so long to reply everyone and if missing posts I have 2 young children not school aged that take up my attention lol. It's easy for me to get distracted and walk away from the computer and miss replies so sorry to you & anyone else if I miss replying everyone.