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Geary County approves conditional use permit allowing chickens if animals are confined to owner property after heated public comment
Summary
After extended public testimony about roaming chickens and threats, the Geary County Commission approved the planning commission's recommendation to allow chickens on parcels under 3 acres via conditional use permits that require owners to keep birds on their property.
Maria Adriana Berkowitz, a resident at 6210 Highway K-18, told the Geary County Commission she has documented repeated instances since 2022 of neighbor-owned chickens, dogs and other animals entering her yard and said one encounter with a neighbor holding a rifle left her afraid to approach them. "I don't expect to be shot at out here," Berkowitz said during public comment, asking how enforcement would work if the county allows chickens on smaller parcels.
Commissioners revisited a planning commission recommendation to permit chickens on lots smaller than three acres through a conditional use permit, with a single stated condition: birds must be kept on the property of the owner. Commissioner Troy Livingston, recounting the planning commission process, said the planning panel voted to approve the permit with that confinement condition because the zoning code treats domestic poultry as livestock and the county has at-large livestock statutes that can be enforced by the sheriff's office.
Members of both sides told the commission they support people's ability to keep animals in the county, but differed on the safeguard needed to protect neighbors. Residents who said their animals had been attacked and their yards repeatedly entered urged clearer containment rules and reliable enforcement; property owners who keep chickens said they expect to comply with confinement requirements.
Commissioners discussed practical enforcement challenges: how to identify the owner of a wandering chicken, whether to require a specific type of coop or fencing, and when the sheriff's office should step in. The county attorney and HR director were seated for part of the discussion; commissioners said enforcement of at-large livestock statutes would fall primarily to the sheriff.
After debate, a motion to accept the planning commission's recommendation and allow chickens under a conditional use permit requiring confinement to the owner's property was moved and seconded. The chair called for a voice vote and the motion carried.
The commission directed staff to issue letters to property owners in the notification area explaining the approval and the condition. Commissioners said the permit can be rescinded if owners repeatedly fail to contain animals; the sheriff's office will be notified to enforce at-large livestock statutes when animals roam neighboring properties.
The decision ends the immediate zoning question but leaves enforcement details to follow. Staff said they will draft the formal letter to affected property owners and coordinate with the sheriff's office about complaint procedures.
