!What to do about neighbors' chicken coop

Let's say you live in a regular neighborhood that's zoned for residential use, and your neighbor has a chicken coop. The noise is constant and the smell is unbearable. You're wondering: Can a person even lawfully keep chickens in residential zones? If so, are there limits on how many? And if the neighbors are violating the legal limits, how can you raise the issue with them without permanently souring your relationship? To answer these questions, you’ll need to carefully review local rules and consider your specific circumstances, as described below.

In This Article

Understanding Backyard Chicken Coop Laws and Neighbor Disputes

Most jurisdictions rely on citizen complaints to identify violations of land-use, building, and noise ordinances. As a result, your best bet in dealing with neighborhood fowl odors might be to file a complaint with your local code enforcement department. In the process, you might find yourself taking on a variety of tasks, including:

  • figuring out whether the chicken coop violates local zoning laws
  • considering whether the chicken coop violates local nuisance ordinances
  • attempting to negotiate with your neighbor
  • filing a complaint with the appropriate authorities
  • investigating and following up after filing your complaint, and/or
  • in the worst case, suing your neighbor.

Are Backyard Chickens Allowed in Residential Neighborhoods?

Whether chickens are permitted locally and, if so, how many, varies from place to place across the United States. In recent years, more cities and counties have updated their rules to allow backyard chickens in residential neighborhoods, reflecting a nationwide shift toward greater acceptance. (These ordinances usually also cover other “fowl” or birds, including ducks, quail, domestic pigeons, and sometimes turkeys.)

If your location permits chickens, a property owner might be allowed four or five per residential parcel, or perhaps many more in a rural area. In other places, the number of chickens allowed on a lot might depend on lot size and the chicken coop's location relative to the property lines. Roosters are sometimes separately prohibited because of how loud they can be.

Start by checking HOA restrictions. Before you begin researching municipal law, check whether your neighborhood or development is governed by a community or homeowners association (HOA). Many HOAs have covenants, conditions, and restrictions (CC&Rs) that completely prohibit chickens or other fowl, even if the city or county would otherwise allow them. (See What Are in the Basic Governing Documents of an HOA.) These private rules can be more restrictive than local ordinances, so start by reviewing them to determine what’s allowed in your neighborhood.

Review your local zoning ordinance. If you're not in a neighborhood where HOA rules apply, you will need to review your local zoning ordinance (sometimes called a development code). This document contains local land use regulations governing how property owners may use their property. Land use regulations can be confusing, so if you need assistance, a representative at your local planning department or community development department should be able to help you identify the applicable provisions.

Understand nuisance laws. In addition to land use regulations that directly address where and how chickens are allowed, look into the applicable nuisance ordinance. Sometimes the zoning ordinance will include provisions addressing nuisances, but nuisance regulations are often found in a separate code or ordinance. Some nuisance ordinances address noise or odors; others specifically prohibit keeping animals if doing so creates offensive odors. The ordinance might even require the owner to remove animal waste weekly or otherwise address the smell.

Even if you don’t find an applicable ordinance, nuisance is a cause of action for a civil lawsuit (discussed below), which could be an option for you as a last resort.

How to File an Official Complaint About a Neighbor’s Chickens

Many jurisdictions make it easy to file complaints, either online, in person, by phone, or by mail. Increasingly, cities and counties also offer “311” call systems and mobile apps, allowing residents to report possible code violations quickly and anonymously using their smartphones. If you know that other neighbors have similar concerns, it could be helpful to coordinate: Multiple complaints on the same issue can sometimes prompt faster action from authorities.

The instructions for properly filing a grievance vary from place to place. The department might ask you to complete a form or might just take your information in person or over the phone. Be prepared to provide the following basic bits of information:

  • the address where you believe the violation is occurring
  • a detailed description of the violation, and
  • your name and contact information (unless you are allowed to file anonymously and choose to do so).

Whether you can file anonymously will depend on the rules in your city or county. Some municipalities accept anonymous complaints. If you prefer to keep your name secret, be sure to make that clear to the code enforcement department. Take note, though: If you are the only witness, unless there is a blatant violation, it could be difficult for the investigator to put a case together without your statement. By trying to keep your involvement private, you could weaken the case against your neighbor.

To find the right place to report a violation in your area, start by searching your city or county’s official website for "code enforcement" or "report a code violation." Many municipalities also list their 311 call systems, mobile apps, or complaint hotlines on their home pages. If you’re unsure what options are available, a quick phone call to your city hall or local government office can point you in the right direction.

What Happens After Reporting a Chicken Coop Violation?

After you file a complaint about your neighbor’s chickens, the code enforcement department will investigate. The investigator will likely interview your neighbor and ask to inspect the backyard. The investigator might also interview you, and possibly other neighbors, to determine whether a code violation has occurred.

If the investigator cannot identify a violation, the code enforcement department can dismiss the complaint. If your neighbor has violated a code, they will be notified and given a specified period to correct the violation (for example, 30 days). They might, for instance, need to reduce the number of chickens to comply with local limits, move the coop farther from the existing property lines, or clean the coop regularly to address odor issues. A neighbor who does not correct a violation by the required time might have to go to court or risk a fine.

Talk to Your Neighbor or Try Mediation

In many cases, just having a casual conversation with a neighbor can help. Many people are unaware of the impact they have on their neighbors. Whether the problem is barking dogs, loud music, or stinky chickens, talking to your neighbor in a casual, non-threatening manner might spur them to fix it. Depending on your situation, you might want to speak with other neighbors who are possibly affected before approaching the chicken owner. Sometimes it helps to show that multiple people share the concern; though be wary of ganging up from the start. A one-on-one conversation can be more productive and less likely to feel confrontational.

Realize that getting rid of the chickens isn't the only possibility, and definitely not to the first thing you should ask for. Placing sawdust or straw over the chicken poop, for instance, might help reduce the odor. If they learn that the city or county allows property owners to have only a certain number of chickens, your neighbor might adjust their number to comply with the limit.

Mediation is another option you can pursue before or after you file a code enforcement complaint. Mediation provides a neutral forum for parties to resolve disputes. Conflicts that don’t involve money can be particularly well-suited to this approach. Since any agreement you reach will result from your mutual efforts, both of you can leave mediation with your heads held high. Aside from resolving your issues with the chickens, a big benefit of mediation could be maintaining a cordial relationship with the person living next door.

Can You Sue Your Neighbor for Keeping Backyard Chickens?

Suing your neighbor is another alternative, but it’s unlikely to be the best choice. A lawsuit will cost the most money, take the most time and effort (for preparation, lawyer fees if you hire one, court proceedings, and follow-up). What's more, it can be extremely stressful.

That said, if code enforcement fails to find a violation and mediation does not work or is not an option, you might have to sue your neighbor for creating a private nuisance. If other neighbors are also affected, you might consider joining together to file suit.

Small claims court. If you are seeking monetary damages, small claims court can be a practical option, because it's designed to resolve disputes quickly and without lawyers. Money could be an issue if, for example, the construction of the neighbor’s chicken coop has damaged your property or home business earnings or you have suffered “loss of enjoyment” because the smell is so bad you can’t use your backyard.

Municipal or county court. If you want a court to order your neighbor to take a specific action, such as removing the coop or reducing the number of birds (known as "injunctive relief"), you will typically need to file your case in a higher court, since small claims courts generally only award money and do not issue orders for someone to do or stop doing something.

Before filing a lawsuit, be sure to get advice from a local lawyer to determine whether you have a claim. In fact, regardless of whether you have to file a lawsuit, talking to an attorney is a good idea if you are concerned about getting into a dispute with your neighbor. An attorney can tell you exactly what land use regulations apply and, if necessary, provide guidance on whether or not you have a basis upon which to sue.

Moving Forward With Neighbor Disputes

By understanding your local laws, communicating with your neighbor, and involving code enforcement or mediation if necessary, you have a good chance of resolving your problem with your neighbor’s chickens. For more information about getting along with the people next door, see our encyclopedia of articles on neighbor disputes.