Senate passes bill preventing HOAs from banning backyard chickens, with limits for coop rules

The Idaho Senate on Feb. 10 passed Senate Bill 10‑26, which prevents homeowners associations from imposing outright bans on backyard chickens going forward while allowing HOAs to adopt “reasonable regulations” on coop placement, flock size and related issues.

Sponsor Senator Nichols, who called it the “free the chicken bill,” said the measure protects food security, property rights and family self-reliance. “It simply prevents HOAs from banning backyard chickens outright,” Nichols said, adding that the bill does not override city or county regulations.

Supporters emphasized rising grocery costs and the accessibility of backyard hens to provide fresh eggs and small-scale food production. “This does not bring commercial agricultural practices to local neighborhoods, but recognizes the right of every family to have a very modest but appropriate sustainable food source at home,” Senator Keiser told the chamber.

Opponents raised constitutional and contract concerns, arguing that homeowners purchased property under covenants they expected to be enforced. “This bill does not uphold property rights. I believe it actually undermines them,” Senator Shippy said on the floor, warning that the measure could be retroactive and that the state should not nullify private contracts. The sponsor and other proponents disputed the retroactivity claim, saying the bill applies going forward consistent with prior legislative actions limiting HOA restrictions in areas such as solar panels and yard signs.

Senate amendments and constraints: The bill as presented prohibits HOAs from enforcing outright bans on chickens but preserves an HOA’s ability to adopt reasonable rules: prohibiting roosters, limiting flock size by lot size, setting coop placement and waste-management standards, and requiring sanitary conditions. The sponsor said existing fines and past contract enforcement actions would not be erased; the bill covers future enforcement.

Vote: The Senate roll call showed 28 in favor, 6 opposed and 1 absent. The bill will be transmitted to the House of Representatives for further consideration.

Context and open questions: On the floor, senators pressed the sponsor about whether the bill changes existing contracts or fines; the sponsor repeatedly said it is not retroactive with respect to past fines and violations and “will no longer allow HOAs to enforce outright bans on chickens” going forward. Opponents disputed that characterization, saying it amounts to state interference with private contractual expectations.

Implementation: The bill leaves enforcement and detailed regulation to HOAs subject to the bill’s limits; it does not change city or county poultry ordinances.