Washington Metropolitan Chapt~ Community Associations

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FEBRUARY 2015 -~

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By Leslie Brown,EsQ. Leslie Brown is ofCounsel to the law firm Schaner & Lubitz,PLLC,representing trade assocaations and philanthropies. She served as a longtime member ofthe Quorum Editorial Committee from 2007 through 2014,and was Co-Chair ofthe committee in 2014.

Communities end Jurisdictions Grapple with Hen Raising here is a growing trend in the U.S. ofraising chickens in urban environments as homeowners become more focused on locally grown and sourced food. While personal agricultural sustainability may appear to be an innocuous way to ensure that you always have the freshest omelets at breakfast, the raising ofbackyard chickens may not only run "a fowl" ofyour community association governing documents, but may also be prohibited by your localjurisdiction. Many community association governing documents contain covenants that prohibit the keeping ofpoultry—limiting the types ofanimals that are generally pernutted on the property to domesticated pets, fish and caged birds. Your association's governing documents may also prohibit certain types ofagricultlu~al activity. Furthermore,the governing documents generally contain prohibitions on noise and nuisance. As always with community associations, one must check the governing documents' recorded restrictions and covenants to discern whether any type ofactivity—human or feathered—is prohibited. Even if your association's governing documents are silent on the keeping ofchickens or even permit the activity, homeowners must also consider local ordinances, which are generally incorporated into the recorded covenants through language prohibiting any activity that violates local laws. Not alljurisdictions have ordinances in support ofthe urban agricultural movement Thosejurisdictions that do may soon have a change ofheart as municipalities grapple with noise, smells and, more sadly, abandonment of chickens that homeowners no longer have the desire to maintain. These are the issues that are currently being addressed in Arlington County, Va The Arlington County code requires that any poultry located in a residential area be kept at least 100 feet from any street or lot line, which effectively prohibits backyard chicken raising in the county due to its population density. However,the county's Urban Agriculture Task Force and county board have looked into relaxing the ordinance to permit the activity. One concern addressed at the local level is how to dispose ofdying hens and abandonment ofhens in ways that do not place added stress on the animal welfare league or animal control offices.

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hens until it is too late. Hens often outlive their egglaying years. There are also the obvious pest and health considerations. Otherjurisdictions have addressed the "urban chicken movement" in some form. For example, as ofApri12013, residents in Fairf~ County, Va, may keep up to 32 chickens on lots that are greater than 2 acres and may apply for a special exception for smaller lots. As ofSeptember 2013 in the city ofBaltimore, an owner can have up to four hens on lots greater than 2,000 square feet, subject to pernuttin~ fees and coop placement requirements. In the city ofRichmond,as ofApri12013,there is a four-hen limit, subject to pem~itting and coop placement requirements as well. Whether the "urban chicken movement" is just a passing fad of urban hipsters or is here to stay is yet to be determined. In the interim, community associations should consult with their experts and Washington Metropolitan Chapter Community Associations Institute to keep "abreast" ofany changes in the law pertaining to backyazd chicken raising. Q FEBRUARY 2015 123