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Ben Hill County adopts ordinance allowing limited residential keeping of fowl in unincorporated areas

Ben Hill County Board of Commissioners · March 1, 2026
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Summary

The Ben Hill County Board of Commissioners on Oct. 7, 2025 approved Ordinance 2025 (Sec. 10-1) permitting residents in specified unincorporated residential zones to keep up to 10 domesticated fowl for noncommercial purposes, with roosters and certain species prohibited and enclosure and setback rules required.

The Ben Hill County Board of Commissioners voted Oct. 7 to adopt Ordinance 2025 (Sec. 10-1), a text amendment to the county code allowing limited residential keeping of domesticated fowl in unincorporated residential zoning.

Building and Zoning Administrator Jake Hughes told the board the county previously had no ordinance governing residential poultry. The adopted language defines “fowl” to include domesticated birds kept for eggs, meat, feathers, show, or as pets — including chickens, ducks, turkeys, quail and pigeons — and states the section applies to specified residential zoning districts (R-R, R-1, R-22, M-R, R-15, R-9, R-6 and R-6-M).

Under the ordinance, fowl must be for noncommercial use only and may not be sold from the property. Parcels are limited to no more than 10 total fowl. Roosters and other crowing fowl are prohibited; guinea hens and peacocks are also explicitly prohibited. All fowl must be kept within a fenced or enclosed area; enclosures must provide roosting and protection, be maintained in a sanitary condition, be fully enclosed on all sides and top, and be located in the rear yard. The ordinance requires enclosures to be at least 75 feet from any occupied building other than the owner’s dwelling; structures exceeding 25 square feet will be treated as accessory structures and must comply with the county zoning ordinance. Fences must meet zoning standards.

Commissioner John Mooney moved to approve the amendment and Commissioner Daniel Cowan seconded; the motion passed with Commissioners Mooney, Cowan, Calloway, Vice-Chair Hope Harmon (teleconference) and Chairman Hal Wiley voting in favor. The ordinance text was entered into the record as Exhibit A and adopted as described.

The ordinance contains a caveat that private neighborhood covenants or other property restrictions may still prohibit fowl; such covenants are not enforced by Ben Hill County. The board did not record any conditions or amendments to the language at the time of passage. The next procedural step is implementation and enforcement through county zoning administration.