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Committee delays vote on proposed backyard chicken rules pending zoning rewrite
Summary
The Butte-Silver Bow judiciary committee on July 8 paused action on a proposed amendment to the county's chicken ordinance after staff said the draft depends on pending zoning changes; the proposal would limit birds to hens, ban roosters, and create a tiered allowance tied to lot size.
Chairwoman Shea on July 8 directed the judiciary committee to hold consideration of a request from Savannah Johnston to amend the county's chicken ordinance until county zoning work is further along.
The committee heard a staff update from Director Hogarth and JD, a county staff member, who said an ordinance draft exists but staff prefers to wait for the zoning rewrite to avoid conflicts. JD described the committee's working recommendation: explicitly limit allowed animals to hens, prohibit roosters in the jurisdictional boundary, and adopt a tiered system tied to lot size.
JD summarized the draft framework, saying, "the smallest we were looking at doing would be 5 hens on a 6,000 square foot lot, and then jump up to 10 hens on a 12,000 square foot lot, and then the current standard that has been in place, since 1980." He also described proposed 20-foot setbacks from neighboring residences, coop-size guidance and predator-proofing requirements, and a clarified definition of "fowl" so residents would not be allowed larger nonstandard birds.
Commissioner Thatcher told the committee she had not spoken recently with Sheriff Lester and relayed the sheriff's concerns, saying, "he isn't in super big favor of this... he worries... crossing Harrison and doing all of those things," citing potential safety issues if vehicles or carts cross busy streets or boundaries.
Commissioner Callahan suggested the item remain off meeting agendas until the zoning board and animal services finish their work, warning that a short suspense period might force repeated deferrals. Chairwoman Shea and the committee agreed to move the communication into suspense, and a motion to do so was approved by voice vote. Staff said the ordinance will return for committee review after zoning clarifications are final.
Why it matters: The proposal would replace the county's long-standing 25-hen/20,000-square-foot threshold with a tiered, smaller-lot structure and would explicitly ban roosters, changes that affect homeowners seeking backyard hens and could require updates to enforcement and permitting. The committee chose to wait to avoid mismatches with an imminent zoning rewrite.
Next steps: The committee moved the communication into suspense until Sept. 30 (or until zoning work is complete), at which time staff will notify the committee if the ordinance is ready for formal presentation and possible public hearing.
