Chapter 1

The Joy of Chickens

IN THIS CHAPTER

Checking on local legal restrictions for chicken-keeping

Considering the commitments you need to make

Counting the costs

Being mindful of your neighbors

We love chickens, and we hope you're reading this book because you love chickens, too. So we're going to discuss a very basic issue in this chapter: whether you should actually keep chickens. Chickens make colorful, moving lawn ornaments, and they can even furnish your breakfast. But they do take some attention, some expense, and some good information to care for properly.

So consider this chapter as chicken family planning. If you read the information in this chapter and still believe you're ready to start your chicken family, then you have the whole rest of the book to get all the information you need to begin the adventure.

First Things First: Dealing with the Legal Issues

You may be surprised one day to notice chickens in your suburban neighborhood. Many urban and suburban communities are bowing to public pressure and allowing chicken-keeping. But not every community is so enlightened. The person keeping chickens in your neighborhood may be flouting the law. So before you rush out and buy some chickens, too, check whether any laws in your area prevent you from legally keeping chickens.

Almost all property is classified into zoning areas (some very undeveloped areas may have no zoning). Each type of zoning has laws that state what can and cannot be done to property in that zone. This legislation is a way to regulate growth of a community and keep property use in an area similar.

Zoning classification is the job of local governments. Each local governmental unit then assigns laws governing property use within each zone. These laws vary from community to community, but laws and ordinances can regulate what type and how many animals can be kept, what structures and fences can be built, whether a home business can operate, and many other considerations.

The good news, though, is that many cities are giving in to pressure from citizens who want to keep a few chickens for eggs or pets and are allowing poultry-keeping. In most places, a person who wants to use his or her property in a way that's prohibited by the zoning can ask for a zoning variance. Zoning classification can also change if several property owners request the change and it then is approved. The high population of emigrants in some cities who are used to keeping a few chickens in small quarters has also contributed to the relaxation of some rules.

Knowing what info you need

To know whether you can legally keep chickens, first you need to know the zoning of your property. Then you need to know whether any special regulations in that zoning district affect either chicken-keeping or your ability to build chicken housing.

Some common zoning areas are agricultural, residential, and business. You may also find subcategories such as single-family residential or suburban farms. Here's what those categories generally mean for you:

• If the zoning is listed as agricultural, you can probably raise chickens without a problem. With this type of zoning, you'll probably also find a notice about the Right to Farm bill on your paperwork. The Right to Farm bill states that any recognized, legal methods of farming can exist or begin at any time in that zone.
• If the zoning is listed as residential, residential/agriculture, or some other type of zoning, or if you rent or lease your home, you'll need to determine just what is allowed. Because these zoning areas can have different rules across the United States, you need to have to check with local officials to find out what that zoning allows you to do. And your landlord may have restrictions in the lease against pets or livestock, so read your lease or talk to your landlord.

If you've lived in your home for several years and you've never raised livestock or chickens, you may want to check the zoning with your township because zoning can change over time.

After you've looked into your zoning, you can ask your government officials about any laws regarding keeping animals and erecting sheds or other kinds of animal housing in your zone. You need to be concerned about two types of laws and ordinances before you begin to raise chickens:

• Laws concerning the ownership of animals at your home location: Restrictions may cover the number of birds, the sex of the birds, and where on the property chicken coops can be located. In some areas, the amount of property you have and your closeness to neighbors may determine whether you can keep birds and, if so, how many. Your neighbor may own 5 acres and be allowed to keep chickens, but on your 2-acre lot, poultry may be prohibited. Or you may be allowed to keep so many pets per acre, including chickens. Or you may need to get written permission from neighbors. Many other rules can apply.
• Laws that restrict the types of housing or pens you can construct: Do you need a permit to build a chicken coop? Does it need to be inspected?

Finding the info

Just because others in your neighborhood have chickens doesn't mean that it's legal for you to have them. Your neighbors may have had them before a zoning change (people who have animals at the time zoning is changed are generally allowed to keep them), they may have a variance, or they may be illegally keeping chickens.

Not only do you need to find out what you are allowed to do, chicken-wise, but you also need to make sure that you get that information from the right people. If you recently purchased your home, your deed and your sales agreement likely have your zoning listed on them. If you can't find a record of how your property is zoned, go to your city, village, or township hall and ask whether you can look at a zoning map. Some places have a copy they can give or sell you; in others, you need to look in a book or at a large wall map.

In larger communities, the planning board or office may handle questions about zoning. In smaller towns or villages, the county clerk or an animal control officer may handle questions about keeping animals. In either case, another government unit may handle the issue of building fences and shelters.

Don't take the word of neighbors, your aunt, or other people not connected to local government that it's okay to raise chickens at your home. If you're in the midst of buying a home, don't even take the word of real estate agents about being able to keep chickens or even about the property zoning. You never know whether the information you're getting is legitimate when it comes from a secondary source, so you're better off avoiding consequences by going straight to the primary source of legal info.

If you can, get a copy of the laws or ordinances so you can refer to them later, if the need arises. You may need them so you can show a neighbor who challenges your right to keep chickens or to remind you of how many chickens you can legally own.

Confronting restrictions

If your city, village, or township doesn't allow chicken-keeping, find out the procedure for amending or changing a law or zoning in your location. Sometimes all you need to do is request a zoning variance. A variance allows you, and only you, to keep chickens, based on your particular circumstances.

Finding out what you have to do

In some areas, getting permission to keep chickens is just a formality; in others, it's a major battle. Some places require you to draft a proposed ordinance or zoning variation for consideration. In either case, you'll probably be required to attend a commission meeting and state your case.

Ask your city clerk, township supervisor, or other local government official whether you need to attend a planning commission meeting, another special committee meeting, or the general city commission meeting. Find out the date, time, and location of the meeting. In some areas, you need to make an appointment to speak at a meeting or bring up issues.

Be patient - some of these changes can take months of discussion and mulling over. If you don't succeed the first time, ask what you can do to change the outcome the next time. Then try again.

Presenting a compelling case

Come to any necessary meeting prepared and organized. Try to anticipate any questions or concerns, and have good answers for them. Be prepared to compromise on some points, such as the number of birds allowed. Research bulletins and other information prepared by university poultry specialists that have guidelines and sample ordinances for keeping chickens in urban settings.

Ask other people in your community who seem involved in local government about the process in your community. They may give you valuable tips on how to approach the officials who have the power to change a law or grant a variance.

If you can afford it, you may consider hiring a lawyer to represent you. However, most people want to handle it on their own, if they can. If you have a city commissioner or other official assigned to your neighborhood, you may want to enlist his or her help.

It helps to find other people in your area who also want to keep chickens and who are willing to come to meetings to support you. Local experts such as a 4-H poultry leader, veterinarian, or...