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'Free the Chicken' bill advances out of Senate Agriculture Committee; allows homeowners and HOAs to permit hens
Summary
Senate Bill 1026, sponsored by Senator Tammy Nichols, would prohibit homeowners associations from outright banning backyard chickens while allowing HOAs to adopt reasonable coop and sanitation rules.
Senate Bill 1026, sponsored by Senator Tammy Nichols, Idaho State Senate, District 10, cleared the Senate Agriculture Committee with a due-pass recommendation to the floor after testimony from homeowners and proponents.
"SB 10 26 ensures that homeowners and HOAs have the same rights as those not governed by HOAs to own a limited number of backyard chickens," Senator Tammy Nichols said, introducing the measure she called the "Free the Chicken" bill. The bill would prevent homeowners associations from outright banning chickens while allowing HOAs to adopt reasonable regulations on coop placement, waste management and prohibiting roosters. It would allow up to four chickens per two‑tenths of an acre, would not affect city or county poultry ordinances, and would not apply in agricultural zones.
Two homeowners testified in support. Scott Rarick of Rupert told the committee his HOA's covenants currently say "we cannot have chickens" and described backyard hens' benefits for pest control, garden fertilizer and household food security. "With the price of eggs skyrocketing, I think it's very important that HOAs can't just say you can't have chickens," Rarick said. Brian Ullman, a homeowner in Eagle, told the committee he had tried and found the HOA amendment process impractical in his subdivision and urged the committee to advance the bill.
Senator Taylor opposed the measure during debate, describing it as an overreach and expressing concern that the bill's accompanying definition of "small scale livestock" could be broadened in the future to include other animals; Senator Nichols replied the bill itself applies only to chickens and the definition is included for clarity. After debate Senator Kohl moved to send SB 10 26 to the floor with a due-pass recommendation; Senator Lakey seconded the motion. The committee voted to advance the bill; Senator Taylor requested his nay be recorded.
SB 10 26 will move to the Senate floor for further consideration, where amendments, further debate and a roll-call vote are possible.
