“Farm Fresh!” “All Natural!” “Free
Range!” These statements and others like them have certainly caught the
attention of the American consumer. But, what do they really mean when it comes
to purchasing something as simple as an egg? Here’s one perspective:
http://www.npr.org/sections/thesalt/2014/12/23/370377902/farm-fresh-natural-eggs-not-always-what-they-re-cracked-up-to-be
Due to the distrust of “factory farms”
and “big agriculture” held by many consumers, a do-it-yourself trend is
emerging in food production, even as to livestock. The backyard chicken is a
prime example. To be fair though, raising chickens in this manner is really
more than a trend, probably “subculture” and “movement” are more apt
descriptions. (See, for example, http://www.backyardchickens.com or http://www.the-chicken-chick.com.) In any
event, I’ve always wanted to be a farmer when I grow up, so I decided to raise
some birds of my own. I was amazed by the amount of information readily
available about how to select, raise and care for the many varieties of
chickens. While there are many variables involved in tending to a backyard
chicken flock, it is a relatively easy method of producing your own food. But,
is it legal?
As I started gathering the information
necessary to start a backyard flock, I was living in a neighborhood that was
split between two municipalities. As I pressed into my research, I found that
the municipality that had jurisdiction over my neighbor’s property (but not
mine) allowed chickens to be kept only if they were separated from neighboring
dwellings by at least 150 feet. (No chickens for my neighbors.) The
municipality that had jurisdiction over my property, however, allowed the
raising of poultry without such restrictions, but it did have a fairly strict
noise ordinance, so housing a rooster would not be feasible.
Municipal ordinances were not the only
obstacle to navigate, however. I was informed that most homeowners’
associations do not allow the keeping of “livestock.” Fortunately, my
neighborhood’s homeowners’ association had become inactive and had no power to
enforce any such restriction. Interestingly, I recently started searching for
acreage to purchase in a more rural area, and I’ve found that much of the
higher quality land is contained in large developments that have restrictive
covenants, prohibiting the raising of livestock … in the “country!” So, make
sure, regardless of where you live, that not only are you in compliance with
local ordinances but also any restrictions or covenants that are tied to the
land you own.
Apart from municipal laws and
homeowners’ association restrictions, there are a number of other legal issues
to be mindful of:
1. Will your homeowner’s insurance
cover injuries resulting from the keeping of chickens? (Some insurers will even
cancel your policy if you have chickens on the property.)
2. There are legal causes of action
which an upset neighbor could bring against you in a lawsuit as a result of
smells or noises that constitute “nuisances.”
3. Certain legal risks
revolve around that fact that chickens, especially if not properly cared for,
can be susceptible to a wide variety of diseases. Poultry and eggs can carry
bacteria, such as salmonella, that could make anyone consuming the meat or eggs
seriously ill.
That is not an exhaustive list, yet
with all of that in mind, keeping chickens in suburbia is definitely doable. It
proved a wonderful experience for my family. But, you cannot go in blindly.
Among other things, know your municipal and county restrictions. Know your
homeowners’ association restrictions. Make sure your neighbors are good with
the plan, and take care to keep your birds healthy.
David A. Root, Esquire
Animal Law Committee – Agriculture Subcommittee
Chair
