Can I keep backyard chickens in Cape Elizabeth, Maine?
Generally yes. Cape Elizabeth's zoning lists agriculture, which includes raising poultry, as a permitted use in the Residence A, B and C districts; it only bars raising animals or fowl for commercial purposes on lots under 100,000 sq ft. There's no set limit on the number of hens, but a poultry house or range with more than 25 birds must be at least 150 feet from every property line.
| Backyard poultry (non-commercial) | Permitted as agriculture in Residence A, B and C [2] |
| Commercial poultry | Only on lots of at least 100,000 sq ft [2] |
| Flocks over 25 birds | Poultry house or range at least 150 ft from any property line [3] |
| Max number of hens | No specific limit found [3] |
| Larger livestock (horse, cow, pig, goat, sheep) | Only on lots of at least 100,000 sq ft [4] |
| Feed storage | Rodent-proof containers or rooms [5] |
Is it allowed?
Cape Elizabeth's zoning ordinance defines agriculture to include raising, breeding and producing livestock and poultry [1]. In the Residence A, B and C districts agriculture is a permitted use, "provided that no animal or fowl shall be raised for commercial purposes" on a lot smaller than 100,000 sq ft [2]. A homeowner keeping hens for their own eggs on a typical lot therefore appears to be allowed without a special permit; selling birds or eggs as a business would need a lot of 100,000 sq ft or more. We found no separate backyard-chicken section, hen limit, rooster ban or chicken license in the ordinances we reviewed.
Coop location
The only poultry-specific setback is in the agricultural standards: a poultry house or range with more than 25 birds must be at least 150 ft from any property line [3]. For a smaller flock, a coop is an accessory structure, so it needs a Building Permit and must meet accessory setbacks (5 ft from side and rear lines for a coop of 100 sq ft or less and 8.5 ft tall in the residential districts, more for larger buildings). Commercial piggeries and abattoirs are prohibited in all districts.
Other livestock
Keeping larger livestock, such as a horse, cow, pig, goat or sheep, "or similar animal" is allowed only on a lot of at least 100,000 sq ft [4]. Poultry isn't named in that list, and the agriculture rule above treats fowl separately, so hens don't appear to fall under it. If the town ever read it to cover hens, state law (since Sept. 24, 2025) bars towns from prohibiting hens on residential property and may override that reading.
Sanitation
The Health and Sanitation Ordinance requires feed for chickens and other animals to be stored in rodent-proof containers, compartments or rooms [5], and food put out for domesticated fowl must be in containers that keep it from scattering on the ground.
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Next steps
- Plan a flock of 25 birds or fewer unless your coop and run can sit 150 ft from every property line.
- Apply for a Building Permit at the Code Enforcement Office (contact details at capeelizabeth.gov) for the coop, showing its distance to property lines.
- Store feed in rodent-proof containers and use feeders that keep food off the ground.
- Check any deed covenants or HOA rules, which may be stricter than the town's.
Common questions
- Can I have chickens in Cape Elizabeth, Maine?
- Generally yes. Cape Elizabeth's zoning lists agriculture, which includes raising poultry, as a permitted use in the Residence A, B and C districts. It only bars raising animals or fowl for commercial purposes on lots under 100,000 sq ft.
- How many chickens can I have in Cape Elizabeth, Maine?
- No specific limit was found. However, a poultry house or range with more than 25 birds must be at least 150 feet from every property line.
- Do I need a permit for a chicken coop in Cape Elizabeth, Maine?
- Likely yes. For a smaller flock, a coop is an accessory structure that needs a Building Permit and must meet accessory setbacks. The page found no separate chicken license.
- Can I sell eggs in Cape Elizabeth, Maine?
- Selling birds or eggs as a business would need a lot of 100,000 sq ft or more. Raising animals or fowl for commercial purposes isn't allowed on smaller lots in the residential districts.
Maine's backyard chicken law
Towns can't ban hens outright. Since September 24, 2025, state law (7 M.R.S. §219-D, from LD 1655) says a town or county may not adopt an ordinance that prohibits a person from keeping chickens on their own residential property.
- The law defines "chicken" as a female domesticated bird raised for meat or eggs. Fully mature roosters aren't covered, so towns can still ban or limit them.
- The law also says it does not limit a town's "home rule" authority. In practice towns appear to keep the power to regulate how hens are kept, such as how many, coop location and setbacks, and sanitation, as long as the rules don't amount to a ban. The law is new, and courts haven't yet tested how far towns can go.
- Older ordinances that ban chickens in some zones may still be on the books but conflict with this law. Ask your town how it's applying them.
Right to Farm. Maine's Right to Farm law (7 M.R.S. §151 et seq.) protects farm operations connected to the commercial production of agricultural products from nuisance claims. A small flock kept just for your own eggs likely isn't covered.
Private deed covenants or HOA rules aren't addressed by the law and may still limit chickens.
What the ordinance says
- Sec. 19-1-3 Definitions, "Agriculture", Chapter 19 Zoning Ordinance (includes maps & appendices), p. 7
Agriculture: The employment of land for the primary purpose of raising, harvesting, and selling crops, or feeding (including grazing), breeding, managing, selling or producing livestock, poultry, fur-bearing animals or honeybees, or by dairying and the sale of dairy products, by any other horticultural, floricultural, or viticultural use, by animal husbandry, or by any combination thereof.
- Sec. 19-6-3(B)(1)(b) Residence C permitted uses, Chapter 19 Zoning Ordinance (includes maps & appendices), p. 82
b. Agriculture, provided that no animal or fowl shall be raised for commercial purposes on any lot containing less than one hundred thousand (100,000) square feet
- Sec. 19-8-10(2), Chapter 19 Zoning Ordinance (includes maps & appendices), p. 247
A poultry house or range containing more than twenty-five (25) birds shall be located at least one hundred fifty (150) feet from any property line;
- Sec. 19-6-3(B)(1)(c) Residence C permitted uses, Chapter 19 Zoning Ordinance (includes maps & appendices), p. 82
c. Keeping of livestock, such as a horse, cow, pig, goat, sheep, or similar animal, provided that such activity occurs only on a lot containing at least one hundred thousand (100,000) square feet
- Sec. 11-3-16, Chapter 11 Health & Sanitation Ordinance, p. 11
All food and feed for feeding chickens, cows, horses, and other animals shall be kept and stored in rodent free and rodent-proof containers, compartments, or rooms unless kept in a completely rat-proofed building.