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Supervisors send draft backyard‑chicken ordinance to committee and authorize public hearing after years of debate
Summary
After discussion Feb. 26 the board directed staff to send a draft amendment allowing hens (no roosters) in selected residential districts to the Development Review and Regulations Committee and authorized subsequent public hearings; supervisors asked staff to clarify waste‑disposal and HOA interactions.
The Frederick County Board of Supervisors on Feb. 26 directed staff to send a draft amendment allowing backyard hens in certain residential districts to the county’s Development Review and Regulations Committee (DRRC) and authorized the Planning Commission and the board to hold public hearings on the proposal.
County staff said the draft ordinance would allow hens (but not roosters or other fowl) as accessory to single‑family detached residences in RP (Residential Performance), R‑4 (Residential Planned Community) and R‑5 (Residential Recreational Community) zoning districts. The draft sets a limit of six hens per household, requires coops and pens meet accessory‑structure setbacks (typically 5 feet from side and rear lot lines), prohibits free‑roaming birds and requires feed and waste be stored and disposed of in enclosed, vermin‑proof containers.
Staff told the board that HOAs would continue to enforce any more‑restrictive private covenants and that other Virginia jurisdictions sometimes use lot‑size sliding scales; staff recommended starting with a flat limit of six hens and refining rules on waste disposal and compost as the DRRC and Planning Commission review the amendment.
Board members split on the issue during discussion: some supervisors expressed concern about rodent and nuisance complaints in densely settled RP neighborhoods and opposed advancing the draft; others said six hens is a modest allowance that would benefit family gardeners, agricultural education (4‑H and FFA) and local food production. Supervisor Dunn cast the single recorded “nay” when the board voted to forward the draft to committee and authorize hearings; other supervisors voted aye.
The board’s referral marks the most recent step in an on‑and‑off debate over backyard‑chicken rules; staff said the board has considered similar proposals in 2018, 2020 and 2022 and directed staff on Sept. 25, 2024 to prepare an ordinance for further review.
