Raising Chickens in Harford County, Maryland

[jayytee17]

Hey, ya'll!

Yesterday I got a lovely visit from a rather unpleasant man that works for the county stating that there was a complaint about me having bonfires on my property. Upon inspection the unpleasant man determined that since there are rocks around the fire pit that it is perfectly legal. Whoever complained is clearly out to get me because the fire complaint was a total bust so they then filed a complaint about my chickens.

I live in Dublin, Maryland (close to Darlington) in a very rural area on a little over an acre. My neighbors on either side of me and I collectively decided to get some chickens and ducks to raise. We knew that two acres was required but determined that altogether our three properties are over three acres. We could not find any laws or regulations against "combining" our properties to share the ducks and chickens and since the coop is on my property in the middle, it does not interfere with anyone else's property that may not want to be close to a duck and chicken coop/run.

I have been given ten days to remove my ducks and chickens from my property. I am absolutely devastated. My ducks and chickens are spoiled rotten between my neighbors and I, always well cared for and their coop is well maintained. I allow them to free range when I am home and can keep an eye on them just for their safety and to make sure they are not bothering anyone else. They are not loud, they do not smell and they have never damaged anyone's property. They are very friendly and personable, eating out of my hand and following me through the yard waiting for treats! It breaks my heart to think I will have to re-home them.

I use the eggs from the ducks and chickens as a source of food. I also sell them to make money. I am an avid hunter and I fish a lot to put food on the table for myself and my neighbors (which was the main reason I got the chickens and ducks in the first place). I live alone on a teacher's salary and recently ended an engagement three weeks before my wedding due to finding out my fiance was running around on me behind my back. I am not trying to throw a pity party, but give background on my personal life to show how much I depend on the food I harvest from my poultry to help me with my finances and saving money as I went from a two-income household to one very suddenly.

I am writing this post to find out if there are any exceptions for having chickens on less than two acres in Harford County. The surrounding counties (Baltimore and Cecil) only require one acre and I am right on the PA line where they also only require one acre. Since my neighbors and I share the chickens we "technically" have over three acres but I am not sure if that can be used as an exception. I also sell the eggs as a means to make ends meet so I am not sure if I can use that to my advantage.

I also thought that maybe getting a petition signed would be a possibility to get the county to side in my favor? But I am not sure how that all works.

If anyone has any information on exceptions, petitions or anything that I can do to fight (and win) for my ducks and chickens it would be greatly appreciated! I really do not want to get rid of my ducks and chickens. Aside from them providing me eggs as a food source, I really am attached to them and view them as my pets. Thank you in advance!

 

[U_Stormcrow]

What they did was illegal. I doubt they had any success.

To do what they attempted, legally, they would have needed to either legally combine the parcels (and possibly apply for rezoning) or to seek a conditional permit from the zoning board. Just as a major developer, after snatching up a bunch of adjacent properties, must have them legally replated as a single property, and possibly rezoned before building a structure that crosses one of the property lines - even though they own all the properties in question.

For a host of reasons.

If your code says 2a minimum, and you have 1.2, seek a conditional use permit, and expect you will need the approval of your neighbors. The good news is that if you are permitted (conditionally), and the Board later changes (or changes its mind), the local inspector can't make you get rid of your birds unless your conditional use permit allows them too (such as by way of a time period limitation or the like) or you otherwise violate one of the provisions (such as continuous use).

Longer term, you can seek a change in the zoning code itself.

 

[U_Stormcrow]

Your (County) zoning is HERE

Fowl (including chickens) are defined as "livestock". (pg 26). They are allowed in areas zoned for Agriculture. MOST of the county permits agriculture, subject to regulations specific to each zoning classification (p 137). Apart from meeting the needed setbacks on any structure, the code is quite permisive.

Perhaps the Original Poster's city, POA, or HOA was more restrictive.

 

[augustus0527]

Thank you for your help! Greatly appreciate the time you spent responding.

 

[Kiki]

Have you trying asking this in your state thread yet?
Maybe someone there can offer help.
https://www.backyardchickens.com/threads/maryland-thread.63745/

 

[TwinkleChicken]

Hello! My family and I had the same problem several months ago as well. I would love it if you have any good news!

 

[augustus0527]

Just checking in to see if you were able to keep your chickens? On 1.2 acres and thinking of getting chickens but don’t want to go through what you went through.

 

[augustus0527]

Thanks for the reply.

I am zoned RR but, it looks like I would still be subject to the 2-acre minimum as you mentioned per the code.

I saw this article and it made me question whether the 2-acre minimum applied to owning 5 or less chickens (which is all that I would want). See quote from the article as well as link to the article below. I've also emailed Planning and Zoning to check. Will update when I receive a reply.

"Ducks are considered livestock, prompting the Nowakowskis to apply for a variance after the county Planning Department told them their eight ducks were a violation but they could keep up to five as pets and be in conformance with past interpretations of the zoning law. They appealed, not wanting to have to decide to cull their small flock, Wendy Nowakowski said in a March interview."

http://www.baltimoresun.com/maryland/harford/aegis/ph-ag-bel-air-ducks-update-0911-20150910-story.html#:~:text=A Bel Air area couple that is fighting,their case before the County Council Tuesday night.

 

[U_Stormcrow]

Thanks for the reply.

I am zoned RR but, it looks like I would still be subject to the 2-acre minimum as you mentioned per the code.

I saw this article and it made me question whether the 2-acre minimum applied to owning 5 or less chickens (which is all that I would want). See quote from the article as well as link to the article below. I've also emailed Planning and Zoning to check. Will update when I receive a reply.

"Ducks are considered livestock, prompting the Nowakowskis to apply for a variance after the county Planning Department told them their eight ducks were a violation but they could keep up to five as pets and be in conformance with past interpretations of the zoning law. They appealed, not wanting to have to decide to cull their small flock, Wendy Nowakowski said in a March interview."

http://www.baltimoresun.com/maryland/harford/aegis/ph-ag-bel-air-ducks-update-0911-20150910-story.html#:~:text=A Bel Air area couple that is fighting,their case before the County Council Tuesday night.

See, there's the code, and there's interpretations of the code. Interpretations are not easily located, and, frankly, well beyond the time I want to invest burning high speed cell phone minutes for other BYC posters. Particularly as code interpretations are so rarely recorded on line, and subject to re-interpretation on a case by case basis. Thus, unreliable.

I wish you every fortune in this.

and fwiw, in my rarely humble opinion, the owners in the news article are making a terrible argument for the zoning variance. The superior argument is that the birds would be permitted, in greater quantity, if their lot was just .02 Acres larger - 871 square feet - and that, given the support of their neighbors, a variance to allow them the same use of their land as others with substantially identically sized lots (likely, theirs would be that large, but for a right of way or the shape of some natural boundary like a creek, river, or other waterway), not affecting the character of the surrounding community and consistent with it permitted use. Moreover, the tiny variance is unlikely to trigger a wave of other seeking similar consideration, as few (if any) other lots might be claimed to be so uniquely sized at the very border of the code - since every lot platted in an R2 zoning should be at least 2Acres in size, unless subdivided by permission.

 

[U_Stormcrow]

Just trying to give back to BYC in one of the few ways I'm vaguely qualified for. Very best to you!