Question about duck laws in spotsylvania county, va

[hyperbit78]

I was hoping somone might be able to shed some light on whether or not ducks are allowed in Residential (R-1) zoning in spotsylvania.
looking into getting some, but I want to make sure it’s legal first.
thanks in advance.

 

[U_Stormcrow]

I'm not a Lawyer. This isn't legal advice.

Check your Zoning and Ordinances.

Section 4.6 keep your poultry on your property (and your other livestock too)

Poultry includes all domestic fowl and game birds raised in captivity (Section 4.1 - Definitons)

Section 4.18 Keep them housed in good order.

Section 21.316 Poultry are considered Agricultural Products by your code.

Section 13.3 and further constrained by Nuisance law (UH OH!)

Then read your Zoning, Division 6 (R-1)

That sends you to 23.5.3 (Accessory uses)

(f)

Keeping of domestic laying hens shall be permitted in R-1, R-2, R-3, R-R, V, PD-H, and A-2, A-3, Ru, R-A, PRR zoned lots, subject to the following:

(1)

Keeping of domestic laying hens on lots in the R-1, R-2, R-3, R-R, V, PD-H districts, and A-2, A-3, Ru, R-A, PRR lots under five (5) acres shall be limited to a minimum of two (2) hens at one (1) time for lots upon which the dwelling is located up to five thousand (5,000) square feet, and then no more than one (1) additional hen per additional two thousand five hundred (2,500) square feet of lot area upon which the dwelling is located, not to exceed a maximum of six (6) hens. Additionally, keeping of domestic laying hens on such lots shall be subject to the following:

(i)

No person shall keep any rooster;

(ii)

Domestic laying hens raised on site for personal consumption may be slaughtered on site.

(iii)

In addition to the requirements in this section, keeping of domestic laying hens shall also be subject to certificate requirements in section 23-4.14, section 23-5.2, Accessory structures, chapter 13, Nuisances, and performance standards located in chapter 4, article I, Animals and fowl in general.

Hens. Not Ducks. Not Quail. Not Peafowl. Not Geese.

Expressio unius est exclusio alterius

As I read your code, no ducks.

Possibly you can get a successful zoning variance - but honestly, Residential areas and poultry aren't a great combination - particularly where your neighbors can use Nuiscane law and small claims court to object to noise, odors, and any other thing they can think of.