Idaho Right To Farm Law and CC&R's

Discussion in 'Local Chicken Laws & Ordinances (and how to change' started by WikiTiger, Feb 23, 2009.

  1. WikiTiger

    WikiTiger New Egg

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    Feb 23, 2009
    Hi everyone, I'm now to the forum, but I have been reading the site for a while now. This is my first post of what I hope will be many.

    I really want to start raising chickens. Unfortunately, the house I own falls under a CC&R that states that we cannot raise poultry. I was wondering if the Idaho Right To Farm laws take precedence over the CC&R. I'm not a lawyer so interpreting law is not a specialty of mine.

    Here's a link to the Idaho Right To Farm laws: http://www.legislature.idaho.gov/idstat/Title22/T22CH45.htm

    For
    what it's worth, I'm only planning on raising hens, and would only keep around 5 or so.

    My last resort would be to get the CC&R changed, but that seems like a difficult task.

    Thanks in advance for any help you can give!!
     
  2. your_pal_skip

    your_pal_skip Out Of The Brooder

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    Feb 7, 2009
    Boise
    Where do you live, and what is the specific wording of the ban? From what I gather, Idaho's right to farm legislation works for agricultural properties that have been surrounded by commercial or residential properties, and it doesn't have anything to do with land that is residential becoming agricultural.

    I ask about the specific wording and location because, for example, my lease states explicitly that I cannot keep any "production" animals on this property. However, within Boise city limits, three chickens or less are defined as "pet" animals, and the birds only become production animals when the permit needed to keep more than three chickens is acquired. So if your rule says "no livestock," you might be able to get out of it by saying that in the city where you live there is a specific amount of poultry that must be kept to make the birds "livestock," and you can stay under that limit.
     

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