Planning board schedules public hearing on proposed backyard-chicken ordinance after debate over rodents, setbacks and enforcement

The Old Town Planning Board reviewed a draft ordinance amending local zoning to allow backyard chickens in compliance with Maine’s HP 1096 (LD 1655) at its Oct. 21 meeting, debated enforcement and public‑health language, and set a planning‑board public hearing for Wednesday the 12th at 6:15 p.m.

Staff explained the draft ordinance establishes definitions, coop and pen size limits, allowable materials, setback requirements and a limit of six female chickens for personal, non‑commercial use. Members discussed that the state law allows municipalities to adopt restrictions and that the town’s proposed ordinance follows state guidance word‑for‑word. The draft bans roosters and sets nesting‑box ratios (currently one nesting box per three chickens in the draft) and requires a permit; if the permit holder is not the property owner, owner signoff will be required on the permit application.

Board members and staff emphasized past problems: municipal staff reported prior rodent infestations correlated with chickens and open compost, resulting in significant municipal abatement costs. Members pressed to add explicit language making permit holders (and, where verified, property owners) financially responsible for eradication when code enforcement determines chickens caused the infestation. "The city spent an abundance of money trying to get them removed," a staff member said, noting municipal experience with infestations led to the stricter provisions in the draft.

Other substantive edits discussed and recommended to staff included increasing the draft’s 20‑gallon waste‑storage limit (several members suggested 55 gallons or a sealed container standard), clarifying whether coop/house square footage counts toward lot coverage, ensuring shoreland‑zoning compliance for lakefront lots, and adding a clause requiring permit holders to comply with state and CDC disease‑control guidance (e.g., avian influenza response) where applicable.

Legal risk was raised: members noted similar municipal ordinances in other Maine towns are being challenged in court. Staff said the town’s language follows state guidance but acknowledged potential litigation and associated costs. Procedurally, the planning board must hold the public hearing (as the municipal reviewing authority) and forward a recommendation to city council; council will hold its readings thereafter. Staff said if the board sets the hearing in December, the council’s readings and final adoption could push passage to late January, and that the ordinance would be retroactive to the council’s initial action in mid‑September.

The board asked staff to make the changes discussed (rodent‑validation language, waste‑storage revision, CDC/state compliance language and permit form clarifications) and scheduled the planning‑board public hearing for Wednesday the 12th at 6:15 p.m.; staff will post notice and publish the required newspaper notices per statute. The board did not adopt the ordinance at this meeting.