How to get backyard chickens legalized in Virginia's cities: one perspective

I am the founder of a grassroots network, 4 Chesapeake Hens, that successfully lobbied the Chesapeake City Council to make up to six "female chickens" legal in the backyards of all single-family residential lots, with certain restrictions.

Bernadette Barber is a Virginia Farmer who is pushing for the Virginia Food Freedom Act. This act, if passed, would allow all Virginians to sell their homemade foods and baked goods legally to others under the following conditions:

1. The sale is made face-to-face,
2. The maker's name and address is labeled on the item sold,
3. The list of ingredients is included on the label.

Right now Bernadette cannot legally make a pie with farm-fresh eggs and other ingredients grown right on her own farm and sell it to her neighbors. To do that legally would require government inspection and approval.

This makes little sense to me.

Anyway, Bernadette says her group has been getting many inquiries about backyard chickens. She asked me to write a post about how to get them legalized in cities. I agreed, so here is my advice:

1. Have a thick skin. In the course of your efforts you will hear all kinds of negative comments about what you are trying to do, about how City Council will never listen to you because you're not a rich developer, etc. If you feel you are right, keep going. If you get answers from government officials, and they don't sound right because they don't jibe with your research (see below) or don't seem well documented by facts, don't give up.

2. At the same time, listen to people. If these same people are spreading misinformation, find out what it is so you can do your research and counter it. If there are valid concerns, work on addressing them.

For example, a Virginia "depredation law" originally required Animal Control Officers who caught a dog in the act of killing a chicken to kill the dog on the spot. This concern was unsuccessfully raised by those who opposed backyard hens in Chesapeake. And it has been one of the roadblocks thrown against our sister group "4 Virginia Beach Hens" in a neighboring town. This state law was disturbing, so our group combined with the Virginia Beach group to address this law at the state level. Once it came to several humane organizations' attention, we had no difficulty in getting this law changed so that ACOs had the option to seize the dog, instead. Problem solved.

3. Do your research. Our group has the reputation in Cheseapeake of being polite and extremely well-informed. This has gone a long way with City Council.

Start with actually reading the ordinances that address keeping backyard chickens in your community. Don't just call zoning: actually get the ordinances and read them. They are often available online through Municode or you can go to your local public library for help.

Read all you can about backyard flocks. Read the CDC and USDA websites on keeping chickens and disease prevention, too. Other good resources are Chickens and You, including 7 false myths about urban chickens. Pat Foreman, a Virginia resident, wrote a book called City Chicks that has good information and a chapter about changing city ordinances. Any information you can get from government or university publications should carry extra weight and be even more useful. We also found it helpful to research when and why chickens were first banned in residential areas in Chesapeake.

Did you know that, under Virginia law, chickens under the age of eight weeks of age can only be sold in flocks of six or more? This is a good example of doing your research before heading to council. A neighboring municipality only allows four birds, for example. Its residents are often frustrated when they stop at a farm supply store for chicks in the spring and are told they may only buy six or more. Research leads to better planning in advance to hopefully avoid these kinds of situations.

4. Network, reminding your supporters to be polite and well-informed every step of the way. Find ways of using your volunteers' strengths: whatever they are willing to give time and commitment to. Get them working together. Use online social networks, Change.org, etc., but don't discount the importance of face-to-face time. Those willling to take the time to meet in person will mostly be the backbone of your movement. Also reach out to those contacts within city government who are sympathetic to your cause, willing to listen, and willing to work with you. They will be crucial. It is especially helpful to find those in the mayor's office or on city council who will support your efforts. Here in Chesapeake we were lucky to have the support of Councilman Robert Ike early on in the process.

Part of networking is linking up with groups in your area that might already be working on legalizing or keeping or educating about chickens. In Southeastern Virginia there's Backyard Hens for Norfolk, 4 Virginia Beach Hens, Hampton Roads Hens, Portsmouth Hen Keepers, and Peninsula CHicken Keepers, to name the most popular and active groups other than 4 Chesapeake Hens. There are active groups in Richmond and in Fredericksburg, too.

Another networking idea is to be willing to attend local educational events for public outreach. Bring some hens with you if you can for the public to meet first-hand. While you're at it, remember to network with other "chicken groups," especially in your region and across your state. If a neighboring community with legal chickens is having a backyard "coop tour," invite your local decision-makers to attend. Give them sufficient notice. Hopefully they will attend so they can see for themselves how little noise, fuss, or odor backyard hens make.

5. Use the media to your advantage. Our group has used blogging, Facebook,  XtraNormal, Youtube, news releases, letters to the editor, Craigslist, and Twitter to advantage.  This has gotten positive exposure --free publicity!-- in our local and regional newspaper and local television station(s). Those who contact or talk to the media should always be aware that reporters may have biases. Talk to them anyway, but be cautious about what you say. Prepare some talking points in advance if time allows. Eventually you will know which reporters you can trust and which ones you cannot. Obviously, work with those who have a track record of being open-minded and fair (supportive is even better when you can get it).

6. Be prepared to appear as a cohesive, unified group in front of City Council on a regular basis. Get yourself on the agenda if you can. If not, most communities have regular times where open meetings or non-agenda items are scheduled for public input. Take advantage of these, but make sure a variety of speakers talk on various occasions on a variety of related topics. Have two or three speakers cover the evening's talking points, then invite the rest of the audience to stand at one point to show support. Get everyone in the group to wear the same color for the event. Group T-shirts or even stickers make a visual impact.

Research the rules for getting in front of council in advance. If your speakers must sign up in advance, do that. If only three minutes are allowed per speaker, be sure every speaker knows that and has actually timed the intended speech. Saad Ringa, a member of our group, has collected many of these speeches on his Youtube Channel for those who want to watch some sample speeches.

When you attend meetings, bring any supporting documents you want to submit, assuming your council allows them, and bring extra copies of these plus your written speeches to give to any reporters who show interest. Be sure they have the contact information of your group's leadership. Publish the speeches online through Google Drive and share them publicly.

If your item actually comes up on the agenda, find out how far in advance to submit any documentation you want council to consider and give them out within that time frame. Here in Chesapeake we were told two weeks in advance was good lead time, so that's what we did.

Another idea that worked for us was to have a "City Council Member of the Week" whose contact information we posted online. As a group, we all contacted that one council member with our talking points. We then moved on to another council member the following week.

Contact can be positive rather than confrontational. One time our group gave free samples of fresh, local eggs for Council Members' consideration. Another time we wrote them all thank-you notes just prior to Thanksgiving. Sometimes you can catch more flies with honey, as the saying goes.

If you need to make Freedom of Information Act requests to get information you need from city government to make your case, put in your requests, but realize these take time and sometimes significant money.

7. Keep at it. One of the biggest differences between "4 Chesapeake Hens" and similar efforts by individuals and community groups before us is that prior speakers took the city's initial "no" as a final answer. We never gave up. We never had to make backyard hens an election issue, but our group was prepared to do that if necessary. Any public official who says he or she supports the environment or individual property rights but is against backyard hens is not "walking the talk" and needs to be held accountable at election time.

If this seems exhausting and time-consuming, nevertheless this is probably what it will take to get change made. Our group had it easier than many other localities. We faced opposition but we were polite, well-informed, persistent, organized, and lucky.

As my husband and I shut our laying hens into their hen house at night, as we listen to their gentle and contented cooing when they lull themselves to sleep, or as we eat the best, freshest eggs we have ever tasted, we find these efforts completely worthwhile. So have many others who helped us: some of our original supporters have found the educational side of our efforts so rewarding that they went on to start Hampton Roads Hens, a group that continues advocacy, education, and outreach on a regional level. We all wish you the best of luck with your own efforts at chicken activism. If we can do anything further to help you, please let us know.

Let's Thank City Council This Thanksgiving!

4 Chesapeake Hens is launching a thank-you note campaign! As Thanksgiving approaches, let's write our City Council members short, heartfelt notes in gratitude for our freedom to have laying hens in our residential backyards. Personalized, handwritten notes are OK and even encouraged. Keep messages short but positive.

Printed note cards can be purchased inexpensively at discount stores or dollar stores. Send them individually to the Council members at their home addresses as printed on the City's website. Put cute pictures of your hens, your coop, your garden that is thriving with your chickens' help, your kids enjoying your chickens, etc., in the notes. Even better, enlist the family's help, and get the kids to write some of the notes, too. Be sure to put your return address on the note cards so Council can contact you if they have questions or want to follow up. I used the same return address stickers I put on the envelopes inside the note cards to save space, and then I wrote my phone number at the bottom of the sticker.

Act now! Remember, the "hen ordinance" will be on the City Council agenda on Tuesday, November 26. There is a sunset clause on the original ordinance, so Council must vote to keep the law so we can continue to keep our hens legally. Mark your calendars and plan to be there to support the cause. Numbers and visibility make a difference. The meeting starts at 6:30, but you will need to sign up in advance of the meeting if you plan to speak.

In case you're curious, I already wrote my notes to Council. They are ready to go in the mail tomorrow, along with pictures of my favorite pullet, Blue the Blue-Laced Red Wyandotte. It is a joy to be part of a movement that is preserving beautiful heritage breeds like hers.

Blue the Blue-Laced Red Wyandotte LOVES her home and wants to keep it!

Update: On November 26, 2013, Chesapeake City Council voted to make the "hen ordinance" permanent. The meeting may be viewed online:  fast forward to 1:19 to see some great pro-chicken speeches and the City Council's reaction.

What I learned from Pat Foreman's Two-Day Intensive Chicken Workshop

I confess, this blog post is late! I participated in a two-day intensive chicken workshop with Pat Foreman, the author of City Chicks, back in early March. I meant to write about the experience months ago, but better late than never. We met at First Landing State Park in Virginia Beach.

Pat Foreman, Chicken Whisperer and Workshop Presenter Extraordinaire!

Pat Foreman's Sidekick, a Rare Chantecler Hen Named Oprah Henfry

 Pat gave us lots of handouts and advice. Much of it I had read in some of her books, but the refresher was useful. I came away realizing that our society and our world need to do more to conserve our soil and our sources of fresh water, which we are rapidly and suicidally depleting. Chicken-keepers can help by employing chickens and their manure in organic gardening.

The chicken-handling portions of the workshop were the parts that were most useful to me. I am much more confident handling my hens and much less likely to accidentally harm them as a result of this experience. I am glad that local chicken-keepers are giving free workshops through 4 Chesapeake Hens and other groups, but I wish that everyone who raises chickens could get to spend the time with Pat that we did.

Here I Am, Talking to My Buff Orpington, Minerva (photo courtesy of Craig Mills)

Oprah and and this participant seem to have hit it off!

Lisa Dearden was Pat's Co-Presenter

My Friend, Lanette, Handles a Gentle Dominique Rooster, a Colonial-Era Breed from Williamsburg

Pat Brought In Some Day-Old Chicks. How FAST They Grow!

Can You Spot the Chick?

This Chick is Hard to Miss!

Some random tidbits that I found useful: avoid the use of particle board in coops because they harbor mites. Pat prefers plastic or metal nest boxes to wood ones, and plastic nest-box liners, for the same reason. Never use cedar shavings in coops because they off-gas and can cause the birds respiratory and other health issues. Aspen shavings are preferred. Sprouting grains improves the nutritional availability to the chicken; they *love* sprouted wheat berries! Heritage breeds of chicken need higher levels of protein than the factory-farm birds, up to 28% of their diet. The shells of chicken eggs, crushed up and fed back to them as a source of calcium, are much more nutritious than crushed oyster shells. NEVER grab and squeeze a laying hen; it can kill hens if you break an egg inside them.

Speaking of eggs, Lisa Dearden demonstrated the differences between pastured eggs and supermarket eggs. She scrambled some of each up, and it's easy to tell the difference. The richer color of the pastured eggs is evidence of superior flavor and nutrition.

Can YOU Tell Which Part of These Scrambled Eggs Came From the Supermarket?

The color of the eggshells, however, has nothing to do with freshness or nutritional content, despite popular belief to the contrary. Still, the variety of colors and sizes is fun and nothing like what you find in stores:

Different Breeds of Chickens Produce Eggs with Different Colors of Shell

Pat recommended Countryside Organics feed. A friend keeps reminding me that it is available at New Earth Farm in Virginia Beach. Maybe next time I need to buy feed I will hunt this down.

For more pictures and another perspective on this workshop, check out this blog post by my good friend and urban homesteader, Lanette Lepper. Unlike me, she managed to post her thoughts in a timely manner. For more about Pat Foreman's workshops, visit Chickens and You.

Should I Start My Backyard Flock With Hens or Chicks?

Mary Lou Burke, thank you for asking me to contribute to your blog page.

A number of folks have asked us, “Where do we get our hens?”  They are also asking, “Are chicks or grown hens better?”

 It is my opinion that to start out, you are better off purchasing pullets, young hens that are just beginning to lay eggs. This way you will be sure that you are getting a hen not a rooster. You will be getting eggs shortly after your purchase resulting in an immediate return from your investment.  You also have at least 5 years of egg production ahead of you.  If you choose 1-2 year old hens it is the similar to purchasing pullets. Remember, hens drop in egg production each year, so I don't suggest starting out with older hens.

A lot of you would like to have chicks. Keep in mind that with chicks you cannot be 100% sure you are getting hens even if you ask the seller for hens only.  In a purchase of 25 straight pullets I recently received 3 roosters.  By the time you can positively tell your chicks are roosters, your family is attached to them, and you have to try to get rid of them. (Most city ordinances do not allow roosters). Chicks require time, food and steady care for several months, at least 5, before they begin to lay, hence delaying an immediate return on your purchase and care costs. In addition, several hatching businesses have a minimum amount you have to buy. The minimum is often 25, so you will need to find some other folks to order chicks with.  Remember, when ordering from a hatchery to specify you only want hens; a straight run is a mix of roosters and hens. 

*If you feel you must have chicks I would suggest you purchase ½ of the amount of hens you can have as pullets and ½ as chicks; that way, while you are waiting for the chicks to mature and lay, the pullets are laying for you.

 As to how to purchase your pullets or chicks, I would like to recommend a few words of caution. With the enthusiasm over backyard hens, sadly, comes a few unscrupulous sellers. Make sure you are buying from a reputable person/business. Take someone that is familiar with hens along with you when you buy your hens, do your research, and  KNOW  the difference between hens and roosters (when buying pullets it is easy to tell), ask for references and guarantees  IN WRITING.  If the seller REFUSES to give you a written guarantee that you are getting hens NOT roosters, and if they will not trade any roosters you get from them for hens, once they grow up and you can tell for sure, I suggest you purchase from someone else. Verbal guarantees do NOT hold.

 As to where to purchase your pullets or chicks, there are chicken swaps held at most feed stores, which are often posted on local Facebook chicken sites. Craigslist usually has hens listed; do not buy without seeing them. Other chicken folks may know someone with hens for sale, and the various chicken Facebook pages always have hens and chicks for sale. There are several commercial hatcheries online. Local feed stores are a great resource for finding chicks or hens.  

Contact a local Facebook Chicken group for assistance.

Some, but not all, local Hampton Roads Facebook chicken groups are:

1.   4 Chesapeake Hens

2.   Hampton Roads Hens

3.   Portsmouth Hen Keepers 

I hope this helps you; please feel free to contact us with any questions or concerns. We definitely want to know about the good news, but we also need to know about the bad so we can help others avoid it.

 Happy chicken-keeping, folks!

Portsmouth Hen Keepers founder, Sharon Jackson

Chickens at Last!

Regular readers of my blog know that I've been very busy with a group called "4 Chesapeake Hens." Together we got the laws changed in Chesapeake to allow up to six backyard laying hens in residential areas with certain restrictions. Here's a news account of our success. The change was proposed by Councilman Robert Ike and enacted on November 20, 2012.

My poor husband, Don, has been working his tail off ever since. He promised that if I got the law changed, he'd help put together a set-up to keep them. So he's been fencing off about 1/3 of our backyard to try to keep our predatory hound-dogs from killing the poor chickens. He put in a fence and then buried concrete beneath it. Then he started on the chicken coop, which he designed himself. He called it a prototype, figuring he'd make mistakes and want to make changes.

Front View of the new coop with the hanging feeder and waterer

We haven't been 100% happy with the new coop, but Don is already figuring out what to change and how to improve our next one. He's going to split the roof in such a way that we don't have to disturb the chickens at their roost if all we want to do is get in the pen for something. He plans to put in a door on one end and to paint the roof to help keep water out.

Side View of the Coop

Last night I went to a local farm and finally picked my girls up. They're pullets, hatched last spring by a farmer-friend who decided to downsize her flock this year. There are two Buff Orpingtons and a Delaware. Both breeds are "dual-purpose" heritage breeds known for calm temperaments and good laying. I am in love with the Delaware, who seems friendliest and boldest of the three. She'll already peck tidbits out from between my fingertips. The Orpingtons are terrified of me so far. I hope that changes!They don't have names yet, but they will once I've gotten to know their personalities a little better.

Two Buff Orpingtons on the left looking scared; the Delaware on the right looks cautious but curious!

They didn't eat well today and were afraid to come out of their coop, perhaps afraid of our dogs that were running around on their own portion of our backyard. Don and I turned the coop tonight so they can leave the coop without the dogs seeing them, so hopefully that will make them more comfortable. Friends tell me that it will take them a week or so to settle in. Tonight's supposed to turn cold, so I hope they're comfortable enough out there!

Another view of our new flock!

Nest Box from the outside. It has a separate lid that is lifted to easily check for eggs

View of the nest box from inside the coop. The golf ball is to help give the girls the idea of where to lay; hopefully soon!

Update for 1/24/2013: The girls are eating better and starting to act more at home. Hurray!

We are also getting used to incorporating them into our daily schedules. They are not a lot of work, but someone has to be up to feed and water them every morning, and one of us has to be sure to be around to close the coop up at dusk, since we do not have an automatic pop-hole opener. At least, not yet!

Certified Backyard Chicken Keeper?

A few exciting things are happening regarding chickens, specifically laying hens, in the Hampton Roads region of Virginia. If you read this blog regularly, you know that our group, 4 Chesapeake Hens, got laying hens legalized in residential backyards in Chesapeake, Virginia, with certain restrictions. If you need details, the ordinance passed was TA-Z-12-07 with changes to allow up to six hens and removal of the privacy fencing requirement. The text of the new ordinance is available online here. There's also a 1-year sunset clause on the ordinance.

Spring is on its way, and fans of our Facebook page are excited. They are ordering eggs to hatch and chicks to raise. Or they are finding sources for pullets and building their coops or chicken tractors. My husband, Don, has been busy fencing in 1/3 of our backyard to protect our "girls" from our dogs. He has also been building a chicken tractor. I promise to post pictures soon. I have two Buff Orpingtons and a Delaware that have been waiting at a nearby farm. Hopefully, I'll be able to bring them home this Sunday!

The change in the law got some positive publicity on a local television station, WTKR. Chesapeake resident Anna Ogle has two children with autism. With the new law, the children can finally have their therapy chickens! Here's a link to the video.

Our group will be presenting about chickens at a family-friendly event at the Chesapeake Central Library on Saturday, February 16, 2012, at 2 PM. There will be songs, stories, and a craft for the kids, and information for the parents about keeping backyard laying hens. That same weekend there will be a Sustainable Living Fair at Old Dominion University in nearby Norfolk, VA, so our group will be working with Portsmouth Hen Keepers, 4 Virginia Beach Hens, and Hampton Roads Hens to run a display and spread the word about laying hens and sustainability.

On March 2-3, Pat Foreman, the author of City Chicks, will give a 2-day intensive workshop in Virginia Beach, Virginia. Successful completion of this workshop will lead to a "Certified Backyard Chicken Keeper" certification. For more information about the Master Chicken Keeper program, visit Chickens and You.

Guess who signed up? First I longed for urban chickens, then I became a chicken activist, now I'm the "Chesapeake Chicken Lady." Why not a Certified Backyard Chicken Keeper to top it all off?

Chicken Coop Ideas

"4 Chesapeake Hens" has been getting inquiries about chicken coops. I prefer the idea of a movable chicken tractor, myself. Here are some ideas of compiled over time.


Legalizing coops may open up some opportunities for small businesses, like this one building cute coops: http://helenair.com/news/state-and-regional/with-backyard-chickens-now-legal-in-billings-builder-busy-constructing/article_9ee50e34-1c66-11e2-b848-001a4bcf887a.html


http://www.amazon.com/Handcrafted-Coops-Chicken-Coop-Portable/dp/B002JXW29S/?tag=mell23-20

https://www.facebook.com/photo.php?fbid=10150772201924678&set=a.10150772201414678.410237.143835414677&type=1&theater

http://www.seattlefarmsupply.com/?wpsc-product=kippenhouse-coop

http://www.mypetchicken.com/catalog/Chicken-Coops/The-Clubhouse-Coop-with-Run-Ships-Free-p1167.aspx

Easty and inexpensive chicken coops to build yourself: http://www.motherearthnews.com/do-it-yourself/portable-chicken-coop-zm0z12amzmat.aspx

Free chicken coop plans along with space recommendations: http://pubs.ext.vt.edu/2902/2902-1092/2902-1092_pdf.pdf

Nice how-to guide for backyard flocks from N.C. State: http://www.ces.ncsu.edu/depts/poulsci/tech_manuals/Backyard_Chickens.pdf

Want one built for you? Money’s no object? Check out this offer from Neiman Marcus: http://www.neimanmarcus.com/christmasbook/fantasy.jsp?cid=CBF12_O5415&cidShots=m%2Ca%2Cb%2Cc%2Cz&r=cat44770736&rdesc=The+Fantasy+Gifts&pageName=Beau+Coop&icid=CBF12_O5415

Victory 4 Chesapeake Hens!

Last night, Chesapeake City Council voted 6-3 to allow up to six laying hens, in a pen, on single-family lots in residential areas. This was the result of a lot of hard work and teamwork by a dedicated group of individuals dedicated to individual freedom, property rights, sustainability, and--yes!-- chickens!

There are two caveats: homeowners' association or property owners' association rules still supersede this law. And there was a "sunset clause" built into the legislation, so City Council will be asking for another Staff Report in about a year. The law could be undone if chickens at that point are causing major problems in the city.

But our research predicts this won't happen. We are happily resting up, making gardening plans, studying coop designs, and picking out chicken breeds.

Thanks to all those who supported 4 Chesapeake Hens in this historic effort. Click here if you'd like to watch my speech requesting the change.Click here if you want to watch the historic vote. Specific City Council Members' input will be posted as soon as available on YouTube. In the meantime, it is available on the City Council webpage under the November 20th agenda.

**Update: After seeing some posts on our Facebook page, let me add some further clarifications: the new law allows laying hens. Killing or processing one's chickens for meat is prohibited in residential areas. There are also setbacks for the coop from the property line. The text of the new law is available here, including the 1-year sunset clause on the changes.

When and Why Were Chickens Banned in Chesapeake? An Answer at Last!

4 Chesapeake Hens is a grass-roots organization that is trying to get micro-flocks of laying hens legalized in all residential areas of Chesapeake, VA. Currently the law only allows chickens on land zoned agricultural and on RE-1 "residential estates" of three acres or more. There, up to four hens (no roosters) may be kept in a pen. Up until yesterday, I have been unable to get factual information from the City regarding exactly when and why chickens were banned (see this previous post).

A member of City Council, Debbie Ritter, finally suggested I contact Dolores A. Moore, our City Clerk, with a request for more research on this topic. Yesterday I received an email that contained copies of minutes from both the Planning Commission and from the City Council where chickens were mentioned. These minutes date back to April 12, 1966, which is even before zoning was legally adopted in Chesapeake. Even then, there is a suggestion that the City preserve tracts of "two or three acres of land" for residents who desire to keep "ponies and chickens."

However, chickens and other poultry were allowed in the residential areas of Chesapeake up until June 17, 1975, when Council voted to allow "livestock, poultry, and other animals not commonly kept as pets" only in the A-1, RE-1, and (now defunct) C-1 Districts. The ordinance went into effect thirty days after its adoption. But even then the minutes make clear that it was the intention of the City to continue to allow residents who already had livestock to continue to do so under a "non-conforming use" unless the residents had stopped for one year, at which point they would not be allowed to begin again.

The only record of any objection to the new law was made by a Mr. Joseph T. Hall of 1385 Elbow Road at the Planning Commission meeting on May 19, 1975, which recommended the adoption of this ordinance. Mr. Hall owned a property zoned R-15s in the South Norfolk borough of Chesapeake, and he had tenants there who kept chickens. When informed that the ordinance "would prohibit the future keeping of animals not commonly classed as household pets on the property," Hall objected to the ordinance.

This ordinance must have generated some confusion or potential confusion about what constituted livestock, because on February 15, 2005, City Council Member Ritter made a motion to approve TA-Z-04-09, an ordinance "to clarify that rabbits, fish, and other animals can be kept as pets under certain circumstances." Council Members Burkhimer, Hayes, Krasnoff, de Triquet, Edge, Newman, Parker, Ritter, and Willis unanimously voted for the measure. Up to ten rabbits were allowed as pets under the ordinance, but domestic fowl were still prohibited.

These minutes answer the questions of when hens were prohibited, but not the question of why. Was the problem increased urban density, as Zoning Administrator John King once told me? Was it due to the mythical problems that chickens presumably cause? Or was there any evidence back in 1975 for the types of potential problems outlined in the Staff Report that 4 Chesapeake Hens has thoroughly rebutted?

To answer that question, I searched through old microfilms of newspapers from June of 1975. A few hours' search turned up an article from the Ledger-Star, dated Thursday, June 19, 1975.  I will quote from this article, "New Law Prohibits Farm Animals in City," below:

"The new regulation is based on a request by the council in January and generated from a claim for the city to pay the value of ducks killed in a residential zone.

"The claim was based on state law requiring cities and counties to reimburse residents when their livestock is fatally wounded by wild dogs.

"In the past several months, as more and more residents have asked for reimbursement from the city, the council has grown increasingly skeptical of their requests.

"When a Martin Avenue man asked for $93 to compensate for 19 ducks killed by stray dogs, Councilman J. Bennie Jennings Jr. noted the man lived in a district zoned for single-family homes on small lots. The Martin Avenue man received $53.30 for the loss of his ducks but the council voted to refer the question of proper zoning for livestock and poultry breeding to the Planning Commission. The city's planners recommended that farm animals be limited to three zoning districts. 

"Planning Department Director Milton Perry told the council the new ordinance would not apply to bonafide farms in areas subsequently zoned for residential use. 

"Also, the law would not affect persons in resmdential (sic) zones who currently maintain limited numbers of farm animals for their own use. Such situations would be classified as non-conforming uses and so long as such residents did not discontinue keeping farm animals for as much as two years they could keep their poultry and livestock."

With subsequent changes that have been made in state and local laws, the potential for residents with poultry to run the City's coffers dry with spurious livestock claims has been prevented, as explained in 4 Chesapeake Hens' "Further Information" document, pp. 9-11. And it is clear that the original intent of the law was to limit "poultry breeding," not the keeping of a few chickens for household use. Therefore there is no reason that the current Council cannot undo the unnecessary restrictions that have been imposed upon Chesapeake's residents over the years as an unintended consequence of this law. Flocks of up to six laying hens, kept in pens, should be allowed in all single-family residences, for all the reasons explained on this website and elsewhere.

If you  agree with us, be sure to arrive at the City Council meeting this Tuesday, November 20, at 6:30 PM at City Hall on Cedar Rd. Come dressed in red and sit with us. If you desire to speak, you must sign up to speak BEFORE the meeting begins, however. Remarks are limited to five minutes and may be cut to three depending on the number of people speaking. Let City Council know you support TA-Z-12-07 with changes to allow the keeping of up to six hens and the removal of the privacy fencing requirement.

**Update: On November 20, 2012, Councilman Robert Ike made a motion to allow up to six hens, in a pen, on residential properties on single-family lots. The motion carried, 6-3.

Crunch Time 4 Chesapeake Hens

Laying hens are back on the agenda for Chesapeake City Council. Our organization, 4 Chesapeake Hens, has been trying to get backyard micro-flocks of six laying hens legalized for single-family residences throughout Chesapeake, VA. (Why six? Click here). The current laws allow chickens only on land zoned agricultural. There is one exception: residents who own RE-1 "residential estates" of three acres or more may keep up to four hens, no roosters, in a pen as household pets. In effect, you must have the money to have substantial land in Chesapeake to raise your own fresh eggs. We have been working hard to change that!

Our organization inexplicably suffered a setback at a Planning Commission hearing, as explained in prior posts: click here for the Commission meeting itself, here for our group's frustration at the lack of commentary by the Commissioners who voted against hens, and here for Commissioner Adam Perry's comments on backyard hens. Our official position is that we support a proposed change to existing ordinances, TA-Z-12-07, with changes to allow up to six hens and the removal of the privacy fencing requirement. The hens will already be required to stay in a pen, and the privacy fence will be an unnecessary and cumbersome financial burden for those who merely want a few fresh eggs!

We have new members joining us on Facebook every day. If you are new and want to know what you can do to help, here is a list:

1.  Like our Facebook page for the latest news and information.
2. Print up flyers to distribute in likely places, such as at feed stores or with sympathetic coworkers.
3. Consider sending an email such as this one to friends who are Chesapeake residents. Be sure to sign it!
4. Contact the mayor and city council members to let them know how you feel. Be polite and respectful.
5. Most of all, COME to the City Council meeting on November 20. Some Councilors fail to realize how many residents from all across our city and from all walks of life care about this issue and support hens. Since the Planning Commission voted against us 4-3, there will be a negative recommendation against us. We need a huge show of support to counter this. Wear red, the color of the "Little Red Hen," and bring every supporter you can round up for us. 

The meeting starts at 6:30. If you desire to speak, show up by 6:15. You will need to fill out a speaker card and turn it in before the meeting starts in order to be heard. Plan to limit your remarks to five minutes. Realize you might be required to cut your remarks back to three minutes; speakers are guaranteed three minutes if there are too many speakers. So far we've had no problems getting five, though.

If you care, be there! And bring family, coworkers, and friends.

If you have any questions, post them on Facebook or comment here, and I'll get back to you.  If you want to learn more about urban laying hens, our research page is a great place to start. We also have a YouTube Channel that highlights our efforts in front of City Council and the Planning Commission in recent months. The Planning Commission meeting is especially motivating. Not one person spoke against the hens, several spoke for, but the Commissioners voted against them without one word of explanation: not what I expect from my tax dollars at work!

Update: On November 20, Chesapeake City Council voted 6-3 to allow hens with certain restriction in residential areas.

Overlay Districts vs. Chesapeake Hens

Our group, 4 Chesapeake Hens, is trying to get micro-flocks of up to six laying hens legalized in residential areas in Chesapeake, Virginia. The Planning Commission has voted against our initial efforts to do this by one vote in a split decision. We may never know the Commissioners' true reasons for voting against us because there was no public discussion or debate against the chickens at the meeting. Those who voted against us have not even given us reasons in our follow-up contacts with them, other than something vague to the effect that the Staff Report seemed thorough and sufficient.

Except that it was not. Our group has researched further information on the Staff Report that we intend to share with City Council. In the meantime, the part of the Staff Report that disturbs me the most is this one:

 ... It's me, again. What bothers me most about this portion of the document is that it is completely clueless about the "urban homesteader" point of view or the other national movements that are behind the interest in gardening. It is clueless regarding WHY an interest in urban chickens is sweeping this nation. Why should hens be banned due to something as arbitrary as an overlay district, if there is nothing intrinsically undesirable about the chickens? We are not asking for a dismantling of these districts, but merely permission to keep a few chickens like any other pet. Doing so will make Chesapeake an even better, more desirable place to live. Residents will be able to enjoy organic gardening and permaculture without leaving their own yards.

Here we are, doing our best to combat urban sprawl and preserve the environment. We also want to live in the residential areas where infrastructure is already in place to support our homes. Some of us are taking older, beat-up homes in residential areas and fixing them up. We hire local remodeling, heating and air-conditioning companies, and other local businesses to do this, thus contributing to the local economy. We generally spend our local dollars as locally as we can.

We want a small spread to reduce our need for lawn mowing because this process takes a lot of time and is very polluting. We are trying to lessen the impact of our properties even more by replacing relatively unproductive lawn that requires mowing with useful vegetable gardens that do not. We desire to live close to our work and recreational activities to save on time and fuel. Our commitment is to residential areas, and we see hens as part of our environmental commitment and as assistants in fertilizing and maintaining these lawns and gardens without the use of fertilizers, herbicides, pesticides, and other products made from petroleum. They will even help us till our garden beds without the use of noisy, smelly, gasoline-powered tools.

While some of us can't afford to move to a farm or an RE-1 residential estate, others do not want to do so even if we can afford to. The Staff Report suggests that we add to urban sprawl and to the long lines of automobiles sitting on Highway 64 every weekday morning and afternoon. It suggests we burden the City with the need for even more roads and other infrastructure to support this sprawl, all at taxpayer expense. It tells us the solution is not to object to the restrictions regarding laying hens, but to simply move if we don't like this arbitrary and unnecessary policy under the current overlay districts. And it is somehow confident that residents who are willing to give up other amenities and move for the sake of a few chickens will choose to remain in Chesapeake, instead of looking somewhere in North Carolina or elsewhere where the taxes are lower. Does this sound like sound, proactive city planning as our nation watches fuel prices spike and the approach of peak oil? Is it well-considered in a time of prolonged recession and difficult-to-obtain home mortgages? And if residents of the residential overlay district are so vehemently opposed to a few pet hens next door, where have they been at the public hearings on this matter?

Furthermore, I fail to see how a few pet chickens can threaten an entire overlay district, while a few pet parrots or rabbits cannot. This is totally overblown and illogical.

Our group is far from done in making its case before City Council. Others interested in helping with this effort are urged to contact City Council members, to like our Facebook page, and to sit with us, dressed in red, at City Council meetings. The most important of these is coming up on November 20, 2012, when the "hen issue" is back on the agenda for City Council. The meeting starts at 6:30 PM. If you care, BE there!

Update: On November 20, Chesapeake City Council voted 6-3 to allow hens with certain restriction in residential areas.