Committee holds bill that would limit HOA restrictions on backyard chickens

The House Agriculture Affairs Committee voted 8–7 to hold Senate Bill 1026, which would limit homeowners associations from using covenants or deed restrictions to bar chicken ownership on single-family lots. Representative Steve Tanner, who introduced the bill, said it would let homeowners keep a limited number of chickens and still allow HOAs to adopt “reasonable rules” about how they are kept.

The measure drew dozens of public commenters and several lawmakers into lengthy discussion about local control, health risks and unclear language in the bill. Supporters said rising egg prices and interest in home food production have prompted requests from constituents. Opponents said the bill would override private CC&Rs and create nuisance, predator and disease risks in dense subdivisions.

Representative Steve Tanner introduced the measure to the committee, saying it would "provide definitions" and forbid HOAs from using deed restrictions or covenants to bar homeowners from raising chickens. Tanner said the draft limits ownership to a formula that appears in the bill as "four chickens per 2/10 of an acre." He added HOAs could still adopt "reasonable rules" about chickens such as banning roosters or regulating smell.

Committee members and commenters pressed on two legal points: whether the bill would nullify existing CC&Rs or only prevent new restrictions going forward, and whether the phrase about "4 chickens per 2/10 of an acre" is a floor (minimum) or a ceiling (maximum) for lots of different sizes. Noelle Rauschendorfer, a property-law attorney who works with HOAs, told the committee CC&Rs are treated as private contracts and said the bill would make any existing covenant restriction unenforceable if it conflicts with the statute. Rauschendorfer urged revision or referral to general orders so the language is clarified.

Several speakers at the public-comment portion urged opposing the bill. John Osmond, who identified himself as a homeowner, described a personal episode in which a neighbor’s backyard chickens and resulting contamination were followed by his dog’s fatal illness; he told the committee, “That chicken poop from those neighbors on that little 0.2 acre lot killed my best friend.” William Schultz and Scott Emmerich, both homeowners in HOAs, described neighbors’ disputes over coops, smell and predators. Attorney Noelle Rauschendorfer told lawmakers the bill would set a troublesome precedent by undermining homeowners’ and HOAs’ ability to enforce CC&Rs.

Representative Aylers told colleagues an amendment originating in the Senate (Senate Bill 1063) is intended to address several of the concerns raised and that if the committee wanted to consider the package together it would be useful to do so. The sponsor indicated an amendment was available and asked to have the bill carried to general orders, but after further debate Representative Dierker moved to hold the bill in committee. The committee approved the hold, 8–7.

The hold leaves the bill in committee and means it will remain there unless the committee later votes to place it on an agenda for further action. Lawmakers asked for technical changes: clearer definitions for “small-scale livestock,” explicit cross-references that the statute would not override city or county ordinances when those ordinances prohibit poultry, and unambiguous wording about how the per‑acre formula applies to lots smaller than two‑tenths of an acre.

The committee’s action came after roughly two hours of discussion and public testimony. Supporters argued the bill responds to constituent requests to raise chickens in single-family yards; opponents said the bill would strip enforcement tools from communities that have chosen CC&Rs and risk public‑health and nuisance problems in dense neighborhoods. The bill remains in committee.

Votes at a glance: The committee voted to hold Senate Bill 1026 in committee (motion passed 8–7).