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Committee weighs house and senate language limiting municipal regulation of backyard poultry
Summary
Committee compared House and Senate proposals that would restrict municipal bylaws on small backyard poultry flocks (excluding roosters), discussed whether municipalities could still set setbacks or fees, and debated adding a "right to grow food" provision for renters—members cautioned against changes that might jeopardize the bill's passage.
Staff member (S2) compared the House and Senate versions of a bill addressing municipal regulation of poultry and related farm activities. S2 explained the House version would allow municipalities to regulate poultry so long as bylaws do not prohibit raising, feeding, or managing poultry, while the Senate version would more broadly prohibit municipal regulation of the raising, feeding, or managing of a "small backyard poultry flock" (the bill does not define "small").
S2 noted both versions would override municipal ordinances that effectively prohibit chickens, and that the house bill permits regulation that stops short of prohibition (for example, setbacks), whereas the senate language reads that a municipality "shall not regulate" a small backyard flock, which could be read to preclude setback or fee requirements.
Members discussed options to limit municipal restrictions in downtowns or village centers: the senate language refers to designated downtowns (citing the statutory designation process in 24 VSA §2791), and one member (S6) proposed allowing local regulation in those designated centers but not elsewhere. Committee members also debated whether municipal fees or registration would constitute prohibited regulation; S6 suggested fees should be "tailored" to the type of agriculture to avoid de facto prohibition. A committee member (S7) argued that people should be able to raise backyard chickens without paying registration fees: "they should just be able to do it."
The chair (S1) said the committee would delete sections 1–3 and work toward a strike‑all once related bills are available, and cautioned about adding provisions that could risk passage in conference. The committee did not take a final vote and will return to outstanding language and fee issues in future work.
