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Committee to wait on state action before changing city chicken ordinance
Summary
Staff advised the committee that current state law constrains local regulation of backyard chickens; a pending state bill could allow six chickens per home and give cities more authority over coop setbacks and breeding; the committee agreed to report to council to await the state legislature's decision.
City staff told the Administrative Services Committee on March 27 that state law currently limits local governments' ability to restrict chickens in residential areas and said a pending state bill may change that framework.
A staff presenter summarized the relevant provisions of the state agriculture code and said cities generally cannot limit the keeping of chickens in single-family residential areas unless a public-health official or consultant documents a threat such as disease, vermin, flooding or other hazards.
"To make any type of adjustment, it comes down to having either the city's health official or a consultant state that chickens would meet these criteria," the staff member said.
Staff described a proposed state bill that is receiving attention in Austin and that, if enacted, would permit up to six chickens per home, allow cities to prohibit backyard poultry breeding, and ban roosters in municipal limits. The proposed bill would also permit cities to set minimum distances between coops and residential structures.
Given the pending legislation, staff recommended the committee not change Garland's local ordinance at this time and instead watch the bill's progress. Committee members generally agreed.
Councilwoman Dylan Hedrick asked whether agricultural-zoned properties would be treated differently under the proposed language; staff said current state law would preempt municipal regulation on property zoned agricultural but noted that could change depending on the legislature.
Committee members also raised practical enforcement questions, including a discussion about hens developing male characteristics and how animal services would address a bird that became a rooster in effect; staff said they would consult the city attorney if such situations arise.
The committee instructed staff to report to council that the committee recommends waiting on changes until the legislature acts and to track the bill's progress. No ordinance change was enacted at the meeting.
