Senate committee backs 'Free the Chicken' bill allowing limited backyard hens in HOA neighborhoods

Senator Tammy Nichols, Idaho State Senate, District 10, presented Senate Bill 10 26, which she described as the "Free the Chicken Bill," saying the measure would protect homeowners from HOA bans on backyard hens while allowing reasonable HOA regulations on coop placement, waste management and prohibiting roosters. "Senate bill 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," Nichols said.

The bill would allow up to four chickens per two-tenths of an acre and would not affect city or county ordinances or agricultural zones, she said. Nichols said the measure addresses practical food-security concerns amid rising egg prices and cited previous legislative actions protecting homeowner rights for solar panels, political signs and beekeeping. "This piece of legislation is strictly in regards to chickens," she said.

Two homeowners testified in support. Scott Rarick, a homeowner from Rupert, said his subdivision’s covenants explicitly forbid poultry and that changing CC&Rs is difficult because boards and quorums are hard to convene. "We can't have any poultry... it just bluntly says we cannot have chickens poultry," Rarick said. Brian Ullman, a homeowner from Eagle, told the committee the administrative thresholds for amending his HOA's covenants — including needing signatures from 25% and a two-thirds vote at a quorumed meeting — make legislative relief more practicable than neighborhood votes. "I think I have an easier path to having chickens through the legislature than through the HOA," Ullman said.

Senator Kohl moved to send SB 10 26 to the Senate floor with a due pass recommendation; Senator Lakey seconded. The committee approved the motion by voice vote; Senator Taylor asked that his nay be recorded.