Navigating Zoning and Permits for Backyard Chicken Keeping

This blog is a little different but I thought it may be nice to share my experience navigating zoning and permits for backyard chicken keeping. Having just brought home 4 fluffy butts, I was reflecting on the year-long process to get to this point. I hope by sharing my journey I may help other people who are looking into it themselves.

DISCLAIMER: Every single area/borough/township/city etc has their own zoning rules that cover chicken keeping and they may vary greatly. For example, I am in the Pittsburgh area, and the City of Pittsburgh has different requirements than any of the surrounding metropolitan areas, all of which have different rules from one another. Some allowed chickens, some don’t. Some have looser requirements, others much less wiggle room. You will have to do your own research, but I hope I can shed some light on things you may need to consider/look out for.

Zoning Ordinances

In 2021 I was in the market for my very first house. I had wanted ducks or chickens for at least 5 years and knew it was something I was going to plan for. To start navigating zoning laws, I started my search by googling townships, boroughs, etc. near me to find the ordinances pertaining to keeping ‘livestock animals’ in residentially zoned areas. Local governments often make these documents freely available on their websites.

I made a short list of areas that I was interested in living in that also allowed either ducks or chickens. I also made special note of any requirements of the property. For example, in the area I ended up buying, the township allowed chickens in residentially zoned properties with a permit, provided the lot was at least 1/2 an acre. When I finally found a house I liked, I confirmed with a zoning official that property met the requirements, and put in an offer.

Permit Application

Once I had settled in, knowing I had successfully navigated the zoning laws for chicken keeping in my area, I began the permit application process. It was then that I reached a snag! I had made a mistake, and hadn’t delved deeply into the permit requirements. While my property was properly zoned and large enough under the ordinance, the permit application had setback requirements for the coop and fenced area. My property was too narrow through its entire length to meet the setbacks by a few feet!

I contacted the permit office and they instructed me to file for the permit, get rejected, and then file for a variance. The people at my permit office were extremely helpful walking me through this process. While I can’t guarantee yours will be, it may be worth asking for their guidance. The permit application did have a fee (I think around $50) and I had to wait several weeks to get the rejection notification. I also needed to already have an official property survey from which to work off of (which can cost quite a bit of money).

Variance Application

Once I received my rejection from the township (which cited the grounds officially) I could then submit a variance request application. I looked at this as ‘building a case’ against the requirements laid out by the variance application.

Be sure to gather as much supplemental material in support of your case as you can. I talked to my neighbors about how they might feel about the setback change and if they had any questions. They were both wonderful and supportive, and were happy to sign letters of support that I drafted. In addition, I gathered the coop plan from the builder, pictures demonstrating the topography of my property, and a diagram of the proposed coop/run that illustrated the setbacks.

Note: I definitely made a mistake here that carried over into the hearing. The permit referred to the ‘coop’ as one structure with a setback, and a ‘fenced area’ as something separate with a different setback. I interpreted the ‘fenced area’ as the run. I proposed a coop with an attached covered run, and assumed the ‘run’ section wouldn’t have to be included when proposing the coop setback. However, they considered the edge of the entire structure as the ‘coop’. That meant that the setback variance I was requesting was a bit more on one side than I had written. In the end, we worked out the misunderstanding but it did cause some confusion during the hearing. I recommend asking as many questions as you can to the permit officials to make sure you understand all the terminology.

Variance Hearing

This was by far the most stressful part of the whole process. Once your variance application has been accepted, you are scheduled for a hearing to plead your case. Before then, they may post your property, which essentially means that they put a sign on your front lawn to let everyone in the area know what you are requesting so they can come to the hearing if they have any objections.

In the run-up to the date, I prepared a powerpoint presentation of my case with a broken down argument, and all my supplementary material (examples below). My lawyer sister added some legal precedents as an addendum but I didn’t cover them during the presentation.

The hearing itself was anxiety-producing but not complicated. When it was my turn I presented my argument, objections were heard (there was one from several houses down who saw the sign), and questions were asked. I was also very fortunate that one of my neighbors came to the hearing and voiced his support. I then had to wait another month for the next meeting to hear my determination, which I am happy to report was in my favor 🙂

Construction

Having gotten my permit, I could actually get started on the coop. Before I had submitted my variance application, I had gotten dimensions from the coop builder so I knew the exact size I was working with, and got approved for the correct setbacks. However, I also needed a little landscaping work done before delivery of my coop. I provided the landscapers the finalized setback measurements to ensure compliance, as they needed to level and prep the site.

Eventually, by October, my coop was delivered and installed! The final activity of 2023 was to cover the structure with a solid stain to weather-proof it. I plan on adding a predator apron around the base and an automatic coop door before the chicks move out there.

Inspection

The last step was scheduling an inspection. Once construction was complete, I called my permit office and scheduled time for someone to come out to ensure I followed all of the permit/variance requirements. This was a mandatory part of the process, and was pretty painless. One thing I wasn’t expecting is that a county representative came out to do their own inspection. Again, this was also very painless, but a bit of a surprise at the time.

Other Considerations

Also in the permit are rules around number/sex of the chickens you are allowed to have. I am allowed a maximum of 5 hens – no roosters! This left me with a lot of anxiety when it came to sourcing the birds. You can get sexed chicks from farms/hatcheries, and while it is pretty accurate, there is always a possibility of getting an accidental rooster. I didn’t want the burden of trying to re-home a rooster I had bonded with (a notoriously difficult task if you want the bird to go to a good home) and wasn’t willing to cull the rooster myself. This isn’t a judgement on those who do, it’s just not something I’m interested in dealing with at the moment. I therefore came up with two strategies to mitigate this risk:

Rooster Mitigation Strategies

1. Get started pullets or adults. If I got birds a little older, the sex of the bird is much more certain. I could get breeds I was really interested in (specifically Ameraucanas, Salmon Favorelles, and Easter Eggers) with significantly less risk of a rooster. However, from my research, these birds are much more difficult to make friendly/bond with.
2. Get a sex-linked or auto-sexing breed. These breeds can be sexed accurately by appearance as chicks and so there is a significantly less risk of a rooster. I wasn’t as interested in these breeds, but narrowed it down to a few (Bielefelder and Cream Legbar).

Since I wanted theses birds to be primarily pets, egg and compost producers, and tick control, I went with option 2. I ordered 4 female Bielefelder chicks from Mt. Healthy Hatcheries. They are docile, friendly birds and they have beautiful plumage. I may be able to gather the occasional feather for projects like my bird ornaments. Originally I wanted to get 3 to start so that in 2/3 years when egg production has significantly dropped, I can add two more birds. In the end, I went with 4 assuming that I may loose at least one bird during that time.

Summary

I hope you found this guide on navigating zoning and permits for backyard chicken keeping useful.

1. Check both the zoning ordinances and the permit application requirements. If you don’t understand/aren’t quite sure if you qualify, give your local officials a call!
2. Figure out as much as you can about your specific coop setup before applying. That way there won’t be any discrepancies during the final inspection.
3. Budget enough time for this process. It took me several months (from February through June) to finally get approved, and that was before construction could begin.
4. This process may cost money. In total, I paid about $150 in fees, which didn’t include the cost of the official survey I needed.
5. If you need to challenge a rejection, be sure to build a clear, compelling case based on the requirements for your best chance at success. Also, if you can, enlist the support of your immediate neighbors.

Was this process stressful and exhausting? Yes. Was it worth it? I hope so! I’m very excited for the new members of the household. They arrived about a week ago today!

Resources

If you are looking for some general chicken-keeping resources I suggest starting with:

• Storey’s Guide to Raising Chickens by Gail Damerow
• Let’s All Keep Chickens: The Down to Earth Guide to Natural Practices for Healthier Birds and a Happier World by Dalia Monterroso
• Youtube resources such as: Oak Abode, Welcome to Chickenlandia, Real Simple Mama, Epic Homesteading

I’ll keep you posted along this journey 🙂