Rocky Hill CT Animal Zoning Regulations

[Doughboyea]

Hello All,

Summary: Our town in CT has changed their regulations on chickens limiting the number to 2 hens for lots less than 40,000 SF. I'm looking for assistance in how to respond to the township.

Detail: In March, 2016, I applied for a building permit for a structure denoted as a Chicken Coop that was less than 200 SF in size. It was approved by the Town Enforcer. At the bottom, she had handwritten that selling eggs and having a rooster are a not allowed. Two years later; we are getting some work done on our home and the Town building inspector stops by (unrelated to the coop) for permit plumbing inspections. That same week, I get a certified letter in the mail saying that I am not abiding by the regulations. We have (had) a rooster complaint. My neighbors said it wasn't them and I am inclined to believe them. Rooster was gotten rid of yesterday which was planned as he started to chase my 2 y/o daughter. The rest of the letter quoted the new regulations in place. Most of which I am being grandfathered into, however, one ruling stood out. For the size of my property, I cannot have more than 2 hens! I currently have 5.

Coop Design: My property is 0.52 acres (22,131 SF), the coop (see pic below) is a run/coop combo, having a 12' x 6' enclosure and a 6'x4' elevated coop. The whole structure is on a concrete footing with stone and hardware cloth to stop burrowing. I also have 4 nesting boxes for the ladies. The roof is made of clear corrugated panels to allow sunlight in. Since we do not have fencing throughout the property and hawks have been using our mature trees for their nests, the flock rarely leaves the coop, except in a chicken tractor when weather permits.

Regulations: Here are the details on the regulations (approved a year after I got the building permit for our coop):
3.C Accessory Uses
3.C.1 Permitted By Right (No Zoning Permit Required) - excerpt
Keeping Of Other Animals ‐ The keeping of chickens, rabbits, goats, horses, ponies and other such animals where accessory to a residential use (and not on a farm), subject to the following requirements:

a. On a lot with less than 40,000 SF (0.92 ac) of lot area, up to two hens (no roosters), rabbits or similar small animals whose mature weight is less than 30 pounds may be kept.
b. On a lot with 40,000 SF to 80,000 SF of lot area, up to 10 hens (no roosters), rabbits or similar small animals, or one sheep, or one goat.
c. On a lot with more than 80,000 SF of lot area, one animal unit as defined in these Regulations plus one additional animal unit as defined in these Regulations per additional acre or part thereof.
d. All animals shall be kept in a manner that conforms to the best management practices and all applicable regulations of the Public Health Code, the Department of Energy and Environmental

Protection, the Connecticut Department of Agriculture, and the Connecticut General Statutes.
e. The animals shall only be for the use and enjoyment of the occupants of the property and shall not be used as part of any commercial enterprise.
f. No barn, shelter, or other buildings used for the housing of said animals, the storage of feed and supplies, or the storage of waste materials shall be located any closer than 75 feet from the property line.
g. The area used for the grazing, exercising, or training of said animals shall be securely fenced to
prevent straying and to prevent the public from entering the enclosure.

h. Any manure pile shall not be located in a front yard, shall be located at least 40 feet from any property line, shall be visually screened from dwellings on adjacent properties, and shall be managed in accordance with best management practices for such type of operation.​

The certified letter goes on to say that when our existing flock perishes, we will be limited to 2 hens. Two hens in a 96 SF enclosure? I designed it for a maximum of 6-7 birds (non-bantam). I'm aware of chicken math and wouldn't mind having dozens, but being respectful of my locale and neighbors, we purposely limited the size.

So, I need help in responding to the Town Enforcer regarding the 2 hen limit. Seems ridiculous to restrict a flock to two birds. That's not a flock...

Suggestions?

 

[rjohns39]

Hi and welcome to BYC We're so happy you've decided to join us I wish it were under better circumstances I would also try posting a note in the CT Thread. There have been a lot of folks successful in changing crazy laws, that were generally concocted by folks who know nothing about chickens. While you're waiting for someone with more knowledge of your state/county, dig around for animal welfare standards and other key information to argue against the limit. Try to find the history of the law, as they often post their logic behind a limit of two. If you can find their logic you may be able to prove it faulty.

How soon do you have to respond? Do you have any legal beagles as friends?

 

[Doughboyea]

Thank you for responding rjohns39. There was no time limit given in the letter, just that an anonymous complaint was received for the rooster and a quoting of all the new regulations. I tried looking through the history of meeting minutes online, but all that I could find so far was one gentleman saying that he didn't think that roosters should be kept in a residential area. I guess that makes sense if you live within butter passing distance... but if all your neighbors like it then I really think the home inspector was trying to make a name for himself. And no legal buddies.

 

[rjohns39]

Let's give some of your local folks time to respond. Your city clerk might be able to get you the meeting minutes from when the new ordinance was enacted. I wouldn't give details of why you want them, just that you're a citizen and you'd like to review them.

ETA: Also wouldn't identify what paragraph you're interested in. Get it all and sift through it.

 

[Doughboyea]

Yea, it's all online, they'll just tell me to go look online and use the search function.

 

[sourland]

I faced a similar situation when my township passed zoning restricting the number of dogs that could be kept at a residence. Went to a township meeting and asked who was coming to my home to determine which dogs needed to be euthanized. They assured me that my dogs were 'grandfathered'. I raise and field trial beagles and have lived at this site for 53 + years without a complaint.

Good luck at resolving this.

 

[Doughboyea]

...Went to a township meeting and asked who was coming to my home to determine which dogs needed to be euthanized. They assured me that my dogs were 'grandfathered'.

They told me the same thing in the letter. It was once my current flock dies off that the issue will present itself.

I'm just pissed that the enforcer asked me to voice an opinion, so I did via email and asked when these meetings were... shes not computer savvy or ignored me. Dumbass rules were created: 2 hen max, 75' from property lines.... that makes it nearly impossible for anyone in my town to have BYC unless they are weathy enough to have a very large property.

 

[lazy gardener]

How far are your birds from the adjacent property?

Would a petition to get the rules changed work?

Do they allow dogs? How many dogs/property owner? Are the # of dogs allowed tied to lot size?

Is the reason for this flock size restriction based on perception of noise? manure generation? or some other issue based on fact or fiction associated with chickens?

If based on noise, all other noises in the neighborhood must also comply by staying under the chosen decibel range and amount of time the noise persists. Dogs can be far noisier than a flock of chickens. And the number of chickens in a flock of 2 vs. a flock of 10 is not going to have an appreciable impact on the noise they generate.

If based on manure generation: a well managed deep litter coop/run will be odor free and there will not be any waste water contaminants crossing your property. Dog poo, in contrast can cover all areas of a property, and can have a very offensive odor.

flock management: Chickens are flock animals. They do best in a flock. 2 birds is not a flock. Many feed stores who sell chicks will not sell less than 6 chicks at a time. Therefore, it is reasonable that the property owner (or even renter with land lord permission) should be allowed to have at least 6 chicks.

Coop and run size need to be in accordance with recognized standards for back yard flock management. Recognized standard is 4 s.f. in coop and 10 s.f. in run per bird.

Your flock is an adjunct to your work. While the resulting chicks from your embryology teaching could be euthanized, or given away, it is sensible that they should also be allowed to be enjoyed on your property.

Refusing to allow a homeowner to keep a reasonable sized flock (for egg or even meat production) is IMO a case of government refusing to allow the homeowner to grow his own food. Will they also refuse to allow you to grow some lettuce? Some squash? How bout some corn? This should never be allowed in our country, or any other country. It flies in the face of basic human rights. As long as your animals on your property do not create a neighborhood nuisance, your rights should extend to your property lines.

 

[Doughboyea]

How far are your birds from the adjacent property?

At the time of my permit approval to build it, around 30', when 10' was the minimum required for an "accessory" structure, per the permit.

Would a petition to get the rules changed work?

Perhaps, but I don't believe non-residents would have much of an impact. It would make more sense for local chicken owners making a mass scene during a planning and zoning meeting WITH officially recognized experts in the field (vets, farmers, authors, etc).

Do they allow dogs? How many dogs/property owner? Are the # of dogs allowed tied to lot size?

See the photo below. Dogs and cats are considered "customary" pets. Dogs are by permit which is not mentioned in the excerpt I have placed here. Cats don't seem to have any restrictions, at least none that I have come across, but I'm not really looking into that at this point.

Is the reason for this flock size restriction based on perception of noise? manure generation? or some other issue based on fact or fiction associated with chickens?

Stupidity. It's based on an uneducated assumption. That's the best answer I can give you. I was asked to be a part of the committee to regulate chicken ownership back when I was applying for the permit to build the coop. I contacted the Zoning Enforcer to inquire about when the meeting was and she never got back to me (she's not very computer savvy). Time passed, life moves on... kids, house... wife gets pregnant with baby number 3... so needless to say, I lost track of the events at Town Hall. That is until I get that BS letter.

If based on noise, all other noises in the neighborhood must also comply by staying under the chosen decibel range and amount of time the noise persists. Dogs can be far noisier than a flock of chickens. And the number of chickens in a flock of 2 vs. a flock of 10 is not going to have an appreciable impact on the noise they generate.

I measured the rooster's crow after receiving the complaint letter. He peaked at 70 decibels at the coop while he was inside the enclosure. That's the same level of sound as a passing truck, car with a busted tail pipe and rice-rockets speeding down the street. The sound is less at the property line but I have since removed the rooster and have not been able to test further.

If based on manure generation: a well managed deep litter coop/run will be odor free and there will not be any waste water contaminants crossing your property. Dog poo, in contrast can cover all areas of a property, and can have a very offensive odor.

The regulations also dictate where the manure pile can reside. I currently dig out my deep litter once every 3 to 6 months, depending on the number of chickens. I mix it in with grass clippings and mulched leaves along with waste vegetables/egg shells. I till the mound once every two months during the summer. I let it fester in the winter. Come spring... it's an awesome pile of organic soil! I SHARE IT WITH THE NEIGHBOR! Since I'm in the sharing mood, I keep the pile on the property line instead of the 40' distance as in the regulations below. I also haven't wasted money shrouding the pile of shit.... frustrating.

flock management: Chickens are flock animals. They do best in a flock. 2 birds is not a flock. Many feed stores who sell chicks will not sell less than 6 chicks at a time. Therefore, it is reasonable that the property owner (or even renter with land lord permission) should be allowed to have at least 6 chicks.

Agreed. But, the regulations state that for properties less than 40,000 SF, 2 hens are allowed. Between 40,000 and 80,000 SF, 10 hens. Over 80,000, well, I guess that's the magic number to start qualifying as a farm. We have a man in our Town that has 104 acres of farm land that he doesn't actively farm. He has perhaps a half acre (not exactly sure) that he uses for tomatoes. He pays around $4,000 a year in taxes. On my half acre, I pay $6,000. Nice ::sarcasm::

Coop and run size need to be in accordance with recognized standards for back yard flock management. Recognized standard is 4 s.f. in coop and 10 s.f. in run per bird.

Agreed. When designing the coop, I asked the wife her intentions. You see, the whole project was based on my wife's work as mentioned previously. The incubator that she uses holds 7 eggs. So, best/worst case, she'll hatch all seven eggs (rarely happens, normally 5 make it all the way through). The coop was designed to have a 72 SF run, 24 SF elevated coop. Total SF at 96. As they grow, we sell off one or two and any males are returned to the breeder or to a farmer in another part of the state. We try to keep a rooster with each successive batch, but once he starts to eye my 2 yr old daughter, he's gone.

Your flock is an adjunct to your work. While the resulting chicks from your embryology teaching could be euthanized, or given away, it is sensible that they should also be allowed to be enjoyed on your property.

There is no common sense when dealing with a zoning board.

Refusing to allow a homeowner to keep a reasonable sized flock (for egg or even meat production) is IMO a case of government refusing to allow the homeowner to grow his own food. Will they also refuse to allow you to grow some lettuce? Some squash? How bout some corn? This should never be allowed in our country, or any other country. It flies in the face of basic human rights. As long as your animals on your property do not create a neighborhood nuisance, your rights should extend to your property lines.

The township started out as a farming community around 1730. It was an extension of a more established town to the north. By the 1840's, our town had become incorporated and independent. Farms are still prevalent today, and the township is buying the development rights to the farms to negate any future owner from turning the farms into parking lots ($10 million has been put aside in grant funding just for this purpose). Kudos to them.

Two years ago, the town also re-worked their Plan of Conservation. Among which included a "Right to Farm" statement. So all this chicken restriction non-sense is, in my personal opinion, being forced by the zoning enforcer. When I met with her to discuss the permit in the beginning, she said she loved fresh eggs, but was so tired of the complaints from crabby neighbors. I feel that she just doesn't want to deal with it anymore perhaps our of laziness and placing these regulations really just makes it impossible for anyone from that point forward from getting chickens.... unless they are fortunate enough to have over an acre+. Must be catering to the more wealthy in our town...

See below, the full regulations on chickens in our town:

 

[Doughboyea]

I've managed to get into contact with a couple other BYC owners in my town. They are afraid to confront the Town and now deny that they even own chickens.... I'm confused. If you don't care; when the town forcibly takes away your flock because you are either in non-conformance for your coop or number of chickens, don't you dare cry to me.

UPDATE: more owners are coming out of the woodwork through Facebook, things are getting exciting.