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Senate committee advances bill prohibiting HOAs from banning backyard chickens; allows modest local regulation
Summary
The Senate Agriculture Committee gave SB 1026 a due‑pass recommendation to the Senate floor. The bill prevents homeowners associations from outright bans on backyard chickens while allowing HOAs to impose reasonable coop placement, waste management and rooster prohibitions.
The Senate Agriculture Committee voted to send Senate Bill 10‑26, known in testimony as the "Free the Chicken" bill, to the floor with a due‑pass recommendation after extended sponsor remarks and public testimony from homeowners affected by restrictive covenants.
Senator Tammy Nichols, R.-Dist. 10, presented SB 10‑26 as a property‑rights measure intended to allow homeowners living in subdivisions governed by homeowners associations (HOAs) to keep a limited number of chickens for personal use. Nichols told the committee the bill would prevent HOAs from banning chickens outright, permit HOAs to adopt reasonable regulations on coop placement and waste management, prohibit roosters, and would not supersede city or county ordinances or apply in agricultural zones. The bill sets a limit of up to four chickens per two‑tenths of an acre (four chickens per 0.2 acre) as presented; Nichols said the bill includes a companion “trailer” bill to refine a definition of "small‑scale livestock."
Two homeowners testified in support. Scott Rarick of Rupert said his subdivision's covenants explicitly ban poultry, despite lot sizes of 1–1.5 acres, and he described nuisance and administrative barriers he faced in trying to change HOA bylaws. Brian Ullman of Eagle (testifying as a resident) said changing CC&Rs in his neighborhood would require signatures, quorum and a two‑thirds vote and called the legislative route easier than local amendment. Both witnesses and the sponsor emphasized noise and rooster prohibitions could address common complaints; Ullman compared the measure to prior legislative limits on HOA bans for solar panels, political signs and beekeeping.
Senator Taylor voiced opposition on grounds that the bill went beyond chickens by including a "small‑scale livestock" definition that could be interpreted more broadly to allow miniature pigs or goats in HOAs. Nichols clarified the bill before the committee addresses chickens only and said the expanded definition appeared in a companion trailer bill.
Senator Kohl moved to send SB 10‑26 to the floor with a due‑pass recommendation; Senator Lakey seconded. The committee approved the motion on a voice vote. Senator Taylor asked to have her nay recorded in the committee minutes.
The committee record shows the motion passed; the transcript does not include a roll‑call tally for the vote. Further drafting and the companion trailer bill were referenced as next steps.
