How to Check If Chickens Are Legal in My Area

By John Walker · Backyard chicken keeper in Dallas, Texas since 2017

How to check if chickens are legal in my area is the first question to ask before you buy chicks, build a coop, or bring home your first hens, because the rules vary from one town to the next, and a flock that is legal in one street can be illegal in the next. The rules come from several places: the city or county code, the zoning rules for your property, your homeowners association, and sometimes a permit or a licence, and each one needs to be checked. The good news is that checking is straightforward, it costs nothing, and it takes only a few hours, and it can save you a fine, a forced removal, or a dispute with neighbours. This guide explains the step-by-step process, where to look, what to ask, and what to do if the rules are unclear.

How to check if chickens are legal in my area: start with the city code

How to check if chickens are legal in my area starts with the city or county code, which is the set of local laws that govern what you can do on your property. The code is usually available online, on the city or county website, and you can search it for words such as chicken, poultry, livestock, or fowl.

Look for a section on animals, or on zoning, because the chicken rules are often in one of these sections. If you cannot find the code online, call the city clerk, or visit the city hall, and ask for the animal ordinance, because the clerk can tell you where to find it and what it says.

The city code will tell you whether chickens are allowed, how many you can keep, whether roosters are allowed, and how far the coop must be from your neighbours' houses. Some cities allow a small number of hens, such as four or six, but ban roosters, because roosters are noisy. Other cities allow more hens, or allow roosters, or ban chickens altogether. The code may also have rules about the coop, such as how big it must be, how far it must be from the property line, and whether it needs a permit. Read the code carefully, and write down the rules that apply to you.

If the code is unclear, or if it does not mention chickens at all, do not assume that chickens are allowed, because a code that does not mention chickens may still ban them under a general rule about livestock, or about animals that are not pets. Call the city clerk, or the animal control office, and ask directly, because a phone call can clear up what the code does not say. Ask for the answer in writing, if you can, because a written answer is easier to rely on than a phone call, and it is useful if there is a dispute later.

Zoning: what your property is zoned for

Zoning is the second thing to check, because the zoning of your property determines what you can do on it. Zoning divides a city or county into areas, such as residential, commercial, agricultural, and mixed-use, and each zone has its own rules about what is allowed.

A property zoned as agricultural will usually allow chickens, while a property zoned as residential may allow a small number of hens, or may ban chickens altogether. You can find your property's zoning on the city or county website, usually on a zoning map, or by calling the planning department and giving them your address.

Zoning rules can be confusing, because they use terms such as single-family residential, multi-family residential, and rural residential, and each one has different rules. A single-family residential zone may allow chickens, while a multi-family residential zone, such as an apartment building, may not. A rural residential zone, on the edge of town, may allow more chickens than a city residential zone. Call the planning department, give them your address, and ask what your property is zoned as, and whether chickens are allowed in that zone, because the planning department can give you a clear answer.

Zoning can change, and a property that is zoned as residential today may have been zoned as agricultural in the past, or it may be rezoned in the future. Check the current zoning, not the zoning from years ago, and check whether there are any pending changes that could affect you. If your property is zoned in a way that does not allow chickens, you may be able to apply for a variance, which is a special permission to do something that is not normally allowed, but a variance is hard to get, and it takes time and money, so it is better to check the zoning before you buy chickens.

Homeowners associations and deed restrictions

Homeowners associations, or HOAs, are a separate set of rules, and they can ban chickens even if the city allows them. An HOA is a private organisation that manages a neighbourhood, and it has its own rules, called covenants, conditions, and restrictions, or CC&Rs, which every homeowner in the neighbourhood agrees to follow.

The CC&Rs may ban livestock, including chickens, or they may allow a small number of hens, or they may have rules about coops, such as where they can be, how big they can be, and what they must look like. Read your CC&Rs carefully, because they are a contract, and breaking them can lead to a fine, or to legal action.

Deed restrictions are similar to HOA rules, but they are attached to the property itself, not to an association, and they stay with the property even if it is sold. A deed restriction may ban chickens, or it may limit the number of hens, or it may require the coop to be a certain distance from the neighbours. You can find deed restrictions in the paperwork from when you bought the house, or by searching the county records, or by asking a title company. If you rent, check your lease, because a landlord can ban chickens, even if the city allows them, and breaking the lease can lead to eviction.

If your HOA or your deed bans chickens, there is little you can do, except to ask for an exception, or to move. An HOA can be difficult to change, because it needs a vote of the homeowners, and a single homeowner is unlikely to get the rules changed. A landlord may be more flexible, and it is worth asking, especially if you offer to keep the coop clean and the flock small, but a landlord who says no is final. Check the HOA, the deed, and the lease before you buy chickens, because these private rules can override the city code.

Permits, licences, and registration

Some cities require a permit, a licence, or a registration to keep chickens, and the process varies. A permit may be a simple form, with a small fee, or it may require an inspection of the coop, or a neighbour's signature.

A licence may need to be renewed every year, and a registration may need to be updated if the flock changes. Call the city clerk, or the animal control office, and ask whether a permit is needed, what it costs, and how to apply, because the process is different in every city, and it is better to ask than to guess.

A permit may have conditions, such as a limit on the number of hens, a ban on roosters, a minimum distance from the neighbours, or a requirement that the coop be kept clean. A permit may also be revoked if there are complaints, or if the coop is not kept clean, so it is important to follow the conditions, and to keep the flock well managed. A keeper who follows the rules, and who keeps the coop clean, is less likely to have problems, and more likely to keep the permit.

Some cities do not require a permit, but they do require the flock to be registered, or they require the keeper to notify the city. A registration is usually free, and it is a way for the city to know where the chickens are, in case of a disease outbreak, such as avian influenza. Registering your flock is a good idea, even if it is not required, because it helps the city to track disease, and it shows that you are a responsible keeper. Check with the city, and follow the rules, because a keeper who follows the rules is a keeper who can keep chickens.

Roosters, hen limits, and setbacks

Roosters are the most common restriction, because they are noisy, and many cities ban roosters while allowing hens. A city that allows six hens may ban roosters altogether, or it may allow one rooster, or it may allow roosters only in certain zones.

Check the code for roosters specifically, because a rule that allows chickens may still ban roosters, and a keeper who buys a rooster without checking may have to rehome it. If roosters are banned, buy sexed chicks, which are chicks that have been sorted by sex, so you get hens only, and be prepared to rehome a chick that turns out to be a rooster.

Hen limits are also common, and most cities that allow chickens limit the number of hens, often to four, six, or ten, depending on the size of the property. A larger property may be allowed more hens, while a small property may be allowed fewer, and the limit may be based on the lot size, or on the distance to the neighbours. Check the limit for your property, and do not exceed it, because a neighbour who complains about too many hens can lead to a fine, or to the flock being removed. A small flock, within the limit, is easier to manage, and less likely to cause problems.

Setbacks are the minimum distance that the coop must be from the property line, or from a neighbour's house, and they are a common rule. A setback may be ten, twenty, or fifty feet, depending on the city, and it is meant to keep the coop away from neighbours, so they are not disturbed by noise or smell. Measure your yard, and make sure the coop is far enough from the property line and from the neighbours' houses, because a coop that is too close can lead to a complaint. A coop that is well placed, with a setback, is a coop that is less likely to cause a dispute.

What to do if the rules are unclear or contradictory

If the rules are unclear, or if the city code, the zoning, and the HOA say different things, start with the strictest rule, because the strictest rule is the one that will be enforced. If the city allows chickens but the HOA bans them, the HOA ban applies.

Because you agreed to follow the HOA rules when you bought the house.

If the zoning allows chickens but the city code bans them, the city code applies, because the city code is the law. When in doubt, follow the strictest rule, and ask for clarification, because a keeper who follows the strictest rule is safe, while a keeper who follows the loosest rule may be fined.

Ask for help if the rules are unclear, because the city clerk, the planning department, and the animal control office are there to help, and they can explain the rules. Call them, give them your address, and ask what the rules are for your property, and ask for the answer in writing, if you can. A written answer, such as an email, is useful if there is a dispute later, because it shows that you checked and that you were told the rules. Keep a copy of the answer, and keep a copy of the code, the zoning, and the HOA rules, so you can show them if you need to.

If the rules are contradictory, or if you believe the rules are wrong, you can appeal, or you can ask for a variance, but this is a long process, and it may not succeed. A variance is a special permission to do something that is not normally allowed, and it needs to be approved by the city, and it may need the neighbours' agreement. An appeal is a request to change the rules, and it needs to go through the city council, and it can take months. A keeper who wants to change the rules should join a local chicken group, and work with other keepers, because a group has more influence than a single person.

Talking to neighbours before you get chickens

Talking to neighbours before you get chickens is not a legal requirement, but it is a good idea, because a neighbour who is informed is less likely to complain, and a neighbour who is surprised is more likely to complain.

Tell your neighbours that you are planning to keep chickens, explain how many hens you will have, that you will not keep a rooster, and that you will keep the coop clean. Offer them fresh eggs, and invite them to see the coop, because a neighbour who has seen the coop and tasted the eggs is a neighbour who is on your side.

Keep the coop clean, because a clean coop does not smell, and it does not attract flies, and it is less likely to cause a complaint. Clean the coop weekly, change the bedding regularly, and keep the feed in a sealed container, so it does not attract rats. Keep the flock small, within the legal limit, and do not keep a rooster if roosters are banned, because a rooster that crows at dawn is the most common cause of a complaint. A keeper who is considerate, and who keeps the coop clean, is a keeper who will keep the neighbours happy.

If a neighbour does complain, listen to them, and try to fix the problem, because a complaint that is ignored can become a formal complaint to the city, and a formal complaint can lead to a fine or to the flock being removed. A neighbour who complains about noise may be helped by keeping the hens in the coop until later in the morning, and a neighbour who complains about smell may be helped by cleaning the coop more often. A little effort, and a few fresh eggs, can turn a complaining neighbour into a friendly one, and it is worth the effort.

If chickens are not legal where you live

If chickens are not legal where you live, do not keep them anyway, because the consequences can be serious. A keeper who keeps chickens illegally can be fined, and the flock can be removed, and the keeper may have to pay for the removal.

A neighbour who reports illegal chickens can cause a lot of trouble, and the keeper may have to rehome the birds in a hurry, which is stressful for the birds and for the keeper. It is better to check first, and to find out that chickens are not legal, than to keep them illegally and lose them.

If chickens are not legal, you have a few options. You can move to a place where they are legal, which is a big step, but it is the only way to keep chickens legally. You can join a community garden, or a farm, where chickens are allowed, and help to care for the flock there. You can keep quail, which are smaller and quieter than chickens, and which may be legal where chickens are not, although you should check the rules for quail as well. Or you can work to change the rules, by joining a local chicken group, and by asking the city council to allow backyard chickens.

Changing the rules takes time, and it needs a group, not a single person, because a city council is more likely to listen to a group of residents than to one person. Join a local chicken group, or start one, and work together to present a case to the council, with evidence that backyard chickens are clean, quiet, and well managed, and that they are allowed in other cities. A well-organised campaign, with neighbours' support, can change the rules, and many cities that once banned chickens now allow them, because keepers worked together to change the law. It takes time, but it is possible, and it is better than breaking the law.

Sources: poultry.extension.org.

Related tools and guides

Checking the law is the first step before you buy birds, so read the related guides on backyard chicken laws and on roosters.

Frequently asked questions