Catoosa County board passes backyard chicken regulation

Caption

Chicken advocates brought a container of eggs from their backyard chickens to the Catoosa County Board of Commissioners meeting Tuesday, April 18, 2023.

Credit: Andrew Wilkins / Staff Photo

An amendment regulating backyard hens in the residential zone was passed by the Catoosa County Board of Commissioners, a decision that brought pledges to unseat the current board from the capacity crowd of Catoosa County chicken advocates.

Tuesday night’s decision came after about a year of controversy over the legality of backyard chickens, with an amendment to the county’s code that regulates the number of hens allowed in the residential zone, setbacks from property lines for chicken coops, standards of care for the birds and other requirements.

Board Chairman Larry Black said in a statement after the meeting that the amendment came after months of analysis and consideration by the board members and county staff and was an effort to strike a fair balance between county residents.

“We appreciate the feedback we received from our neighbors on both sides of the issue and truly understand the passion for sustainable living,” he said. “By approving these changes … we are satisfying the wishes of people in residential zones to have their own supply of fresh eggs while also respecting the wishes of others who value sanitary and orderly conditions next to their property.”

The amendment passed 3-1. Voting yes were Commissioners Black, Jeff Long and Vanita Hullander. Commissioner Charlie Stephens voted no, while Commissioner Chuck Harris was absent due to a family illness.

The new regulations require hens be kept for personal use only, prohibits them at multi-family properties and requires they be secured in the owner’s backyard. Up to a dozen hens are allowed on properties more than an acre. The chicken coop must be located no closer than 25 feet from any property line and 50 feet from a neighboring house or business.

The changes don’t affect homeowners associations or subdivision covenant rules, the amendment stated, or property zoned for agricultural use.

There were no speakers supporting the new regulations. Hullander and other commissioners have said previously that critics of backyard chickens were unwilling to speak publicly because of how emotional the issue has become. Throughout a public hearing about the issue and the board meeting following, multiple Catoosa County residents criticized the board for restricting property rights and the ability for families to raise their own food.

Caption

Chicken advocates brought a container of eggs from their backyard chickens to the Catoosa County Board of Commissioners meeting Tuesday, April 18, 2023.

Credit: Andrew Wilkins / Staff Photo

“We want to thank you for the changes that were made, however, we still have all the procedural problems,” Christine Lawson, an attorney and District 4 resident, said at the board meeting.

In a phone interview earlier this month, Lawson said the board didn’t follow its own rules because she said the amendment passed Tuesday night wasn’t approved by the county’s Planning Commission first.

The changes will take effect 90 days after being posted on the county’s website, which spokesperson John Pless said will be soon.

Many Catoosa County residents believe chickens are allowed in the residential zone, Pless said, but the amendment clarifies the rules.

Pless said county officials will not be proactively surveilling neighborhoods counting chickens but will respond to complaints.

Donna Evatt, a District 2 resident, thanked Stephens for voting against the amendment and said the other commissioners have forgotten they are public servants and have been in government too long.

“You raise our taxes, and now you threaten our ability to feed our family,” Evatt said, referring to the county’s property tax increase last fall.

Comparing Catoosa County to the American colonies, Evatt said the chicken crackdown is like the taxation of tea that helped spark the American Revolution. Taxation without representation will be the “rallying cry” of Catoosa County residents who will organize to vote the current Board of Commissioners out of office, she said.

This story comes to GPB through a reporting partnership with the Chattanooga Times Free Press.