If you have ever walked around an urban neighborhood and heard clucking, or seen an actual chicken race across a lawn, you might have been charmed or surprised, and perhaps even wondered, "Could I raise chickens, too?" Before doing so, however, you will need to check out what's legally allowed. You will no doubt need to comply with local ordinances, and possibly obtain a permits and pay fees. (Think of these as comparable to the common requirement to obtain a dog or cat license.)
Local laws typically govern ownership of all animals, including placing restrictions on the number and sex of birds that one can keep. Many localities allow chickens (which are relatively quiet), but not roosters (noisy and likely to wake the neighbors at dawn). Sometimes you will need to get permission from neighbors before proceeding with your chicken-raising plans. Renters will need to get permission from their landlords, as well.
Below, we will orient you to the usual content of these laws relative to raising chickens, and how to make sure you comply with them.
Don’t Let Your Chickens Violate Local Nuisance Rules
To avoid nuisance complaints and follow-up enforcement or lawsuits, owners of chickens must address issues like noise, smells, attraction of flies and rodents, cleanliness of coops, and proper disposal of manure and deceased birds. Some municipalities allow the slaughter of birds for meat on the premises. Others do not.
Owners of backyard chickens in residential areas must ensure that any coops or fences are up to code standards, with regard to building, health, and safety. Some municipalities also require permits and inspections.
If Living in an HOA or CID Community, Check for Community Rules
Your dreams of raising chickens might quickly be crushed if you live in a community that's governed by a homeowners' association (HOA). (These are sometimes called "common interest developments" or CIDs, and are typically large-scale developments of condos, townhouses, or single-family homes.)
Such developments usually require homeowners and residents to abide by a set of "covenants, conditions, and restrictions" (CC&Rs) governing everything from fence style to allowable pets to permitted (or not permitted) home-businesses. You can bet that something in this packet of rules applies to your plans. See What Happens If You Violate Your HOA's CC&Rs or Don't Pay Assessments to learn what would happen if you were to launch in without making sure you are in compliance or have gotten any needed permissions.
Learn the Rules About Sharing or Selling Eggs and Meat
Operators of successful backyard chicken operations soon find themselves sharing eggs with family, friends, and neighbors. Many start to think about selling the extra eggs.
Usually, there is no need to register with any state or federal agency, pasteurize your eggs, or use any special wash on the eggs you sell in situations where you are selling only your own eggs and doing so only at your house or by home delivery, and the eggs are fresh and unwashed, you don’t grade them by size (AA, A or B, and so on), and you don’t label your eggs as “organic” (which requires special certification).
Comply With Applicable Health Standards for Raising Chickens
Chickens are susceptible to a wide variety of diseases. Plus, poultry and eggs can carry bacteria such as salmonella and campylobacter that can sicken you, your family, and anyone else who eats them. The risk of infection is especially high for children, pregnant women, the elderly, and persons with weakened immune systems. Eggs laid by urban chickens have been found to contain lead and other toxins.
In fact, the Centers for Disease Control and Prevention (CDC), has reported numerous outbreaks of salmonella infections linked to backyard chickens in recent years.
No matter how clean and sanitary your operation, the fact that your chickens are infected with salmonella or something can be difficult to detect. Your local health rules and standards will likely prescribe practices and methods for ensuring that such health issues do not cause medical concerns among your customers.
What If the Eggs You Give or Sell Make Someone Sick?
Not only would you feel bad if someone became ill from eggs that you had given or sold to them, but you could be held legally liable for damages, such as the cost of their medical care. Before sharing or selling eggs, you might want to consult with your insurance agent (who could potentially add a business rider to your homeowners' policy) or with a small-business lawyer.
If selling eggs, also check with your municipality about the need for a business license or permit.
Be Ready for Other, Practical Problems With Raising Chickens
Urban chickens often fall prey to dogs, raccoons, foxes, and coyotes. Neighbors can be quick to file complaints about dust, noise, or odors. In short, raising chickens for eggs and meat can be meaningful, but is a lot of work. As a result, many unwanted urban chickens and roosters end up in local animal shelters.
A Real Estate Lawyer Can Help
The precise law surrounding the raising of backyard chickens in residential areas depends on where you live. This article provides a brief, general introduction to the topic. For more detailed, specific information, please contact a real estate lawyer.