- May 27, 2009
- 208
- 11
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In looking at the various problems that people have had on this website with trying to establish chickens in their backyards, I would suggest the following approaches.
The problems that you have fall under three catgories:
(1) local ordinances;
(2) subdivision restrictions;
(3) building codes.
For (1) you need to know what jurisdiction you are are subject to. If you are inside the city limits of an INCORPORATED city, you check with that city's ordinance. Just because your town has a "name" doesn't mean that it is an incorporated city or village. It may be under the jurisdiction of a township or county.
In some states, townships have zoning authority. In others, here are either no townships or the county is the only one with that authority, so check the appropriate governmental body for your ordinances.
For (2) you need to see if you are in a planned subdivision of some type which has a homeowners' association. You should check your closing documents to see if there is one and if there are bylaws or restrictions or if there are restrictions in your deed. You also need to see if the subdivision association is actually functioning or if it faded out after the developer sold all the units and moved on.
For (3) you need to see if there are either ordincance or subdivison restriction or requirements on building that could be applied to coop or run construction.
After the above you will find one of three things:
(1) there is no ordinance or other restriction on chickens;
(2) there is a restriction of some sort but it is vague or poorly worded or does not expressly address chickens;
(3) there is an iron clad prohibition on keeping chickens completely or there are minimum lot sizes or set back requirements from other residential structures or lot lines that would preclude your plans.
I would first of all try to research what codes or restrictions exist quietly without notifying anyone that you are doing it. This means don't call the local governmental body and ask anyone if you can keep chickens. If their codes are non existent or vague, this can alert them to your intentions and give them time to clean up their act.
If there are no codes or restrictions, again research building code issues. If you can do so, go ahead. Once you safely have your chickens going, they may have to grandfather you in if they try to change things.
If the restrictions are vague as to chickens, you have to decide what to do. One possibility would be to WRITE or EMAIL, not call, the local officials for clarification. I have been involved recently with someone who tried to deal with local officials by phone and got several differing responses depending on who she talked to but did not create a record of those responses as they were all oral. A set of email inquiries, for example, can be used to nail them down to what there position is. Be sure to follow up with a request for them to cite the exact sections of their codes they are relying on for their opinions and get them to state that there are no other sections out there that may be applicable.
Finally, if your codes are dead set against chickens, I would not try to go in on your lonesome to get it changed. You are going to have to BUILD A MOVEMENT of local people who want the chickens and go in as a group. If you go in alone you are likely to be turned down and that will create a recent precedent and will make the situation worse for the next person.
Hope this helps.
I am an attorney and former township and county planning commissioner in Illinois and chicken owner. Do not accept this as a substitute for advice from a local attorney as your state laws may differ. Consult with a local attorney who has experience in zoning matters in your area.
The problems that you have fall under three catgories:
(1) local ordinances;
(2) subdivision restrictions;
(3) building codes.
For (1) you need to know what jurisdiction you are are subject to. If you are inside the city limits of an INCORPORATED city, you check with that city's ordinance. Just because your town has a "name" doesn't mean that it is an incorporated city or village. It may be under the jurisdiction of a township or county.
In some states, townships have zoning authority. In others, here are either no townships or the county is the only one with that authority, so check the appropriate governmental body for your ordinances.
For (2) you need to see if you are in a planned subdivision of some type which has a homeowners' association. You should check your closing documents to see if there is one and if there are bylaws or restrictions or if there are restrictions in your deed. You also need to see if the subdivision association is actually functioning or if it faded out after the developer sold all the units and moved on.
For (3) you need to see if there are either ordincance or subdivison restriction or requirements on building that could be applied to coop or run construction.
After the above you will find one of three things:
(1) there is no ordinance or other restriction on chickens;
(2) there is a restriction of some sort but it is vague or poorly worded or does not expressly address chickens;
(3) there is an iron clad prohibition on keeping chickens completely or there are minimum lot sizes or set back requirements from other residential structures or lot lines that would preclude your plans.
I would first of all try to research what codes or restrictions exist quietly without notifying anyone that you are doing it. This means don't call the local governmental body and ask anyone if you can keep chickens. If their codes are non existent or vague, this can alert them to your intentions and give them time to clean up their act.
If there are no codes or restrictions, again research building code issues. If you can do so, go ahead. Once you safely have your chickens going, they may have to grandfather you in if they try to change things.
If the restrictions are vague as to chickens, you have to decide what to do. One possibility would be to WRITE or EMAIL, not call, the local officials for clarification. I have been involved recently with someone who tried to deal with local officials by phone and got several differing responses depending on who she talked to but did not create a record of those responses as they were all oral. A set of email inquiries, for example, can be used to nail them down to what there position is. Be sure to follow up with a request for them to cite the exact sections of their codes they are relying on for their opinions and get them to state that there are no other sections out there that may be applicable.
Finally, if your codes are dead set against chickens, I would not try to go in on your lonesome to get it changed. You are going to have to BUILD A MOVEMENT of local people who want the chickens and go in as a group. If you go in alone you are likely to be turned down and that will create a recent precedent and will make the situation worse for the next person.
Hope this helps.
I am an attorney and former township and county planning commissioner in Illinois and chicken owner. Do not accept this as a substitute for advice from a local attorney as your state laws may differ. Consult with a local attorney who has experience in zoning matters in your area.
