Can I keep backyard chickens in Kittery, Maine?
Yes. Kittery's land use code only regulates flocks of 10 or more poultry over six months old. Coops for those larger flocks must be 50 feet from neighboring property. A typical backyard flock of fewer than 10 hens has no specific zoning limits, but hens and roosters can't create a noise nuisance.
| Flock size that triggers poultry standards | 10 or more birds 6 months or older [1] |
| Coop setback (10+ birds) | 50 ft from nearest property you don't own [2] |
| Pens and feed lots setback (10+ birds) | 100 ft [2] |
| Roosters / noise | No nuisance noise heard at the property line for a half hour, or on and off for 2 hours [4] |
| Personal-use flock | Not counted as 'Agriculture' under the zoning definitions [3] |
Small flocks
Kittery's Title 16 handles poultry as an "Agriculture, Poultry Facility" use. Its performance standards "apply to the keeping of ten (10) or more poultry animals that are six (6) months old or older" [1]. The zoning definition of agriculture also states that it "does not include agriculture for personal use" [3]. We found no permit requirement, hen limit or coop setback for a household flock of fewer than 10 birds in the code we reviewed. Coops are still accessory structures, so plan to keep them out of the zone's required yard setbacks.
Larger flocks (10 or more birds)
If you keep 10 or more birds over six months old, coops and barns must be at least 50 ft from the nearest property you don't own or control. Feed lots, pens and heavily used areas must be at least 100 ft away [2]. You must also show the Code Enforcement Officer that erosion and runoff won't reach an abutting property, and spread manure according to state best management practices. These standards apply in zones where a poultry facility is a permitted or special exception use. We didn't find the poultry facility use listed in any zone's use list in this version of the code (general "Agriculture" is a permitted use in most residential zones), so ask the town how it treats larger flocks.
Roosters and noise
Kittery's Animal Control ordinance bars keeping "a pet, hen, or rooster" that creates a nuisance with loud or unusual noise lasting a half hour, or on and off for two hours, that can be heard at or beyond your property line [4]. The code doesn't ban roosters outright, but a crowing rooster near neighbors could break this rule.
Source date
The zoning rules come from the Title 16 recodification as adopted January 24, 2022. Kittery has amended Title 16 since, so check the current text.
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Next steps
- If you plan 10 or more birds, ask Kittery Code Enforcement (207-475-1304) whether a poultry facility is allowed in your zone and confirm the 50 ft coop setback.
- Place the coop outside your zone's required yard setbacks, and ask whether it needs a building permit.
- Think twice about a rooster if neighbors are close, since the Animal Control noise rule covers roosters and hens.
Common questions
- Can I have chickens in Kittery, Maine?
- Yes. Kittery's land use code only regulates flocks of 10 or more poultry over six months old. A typical backyard flock of fewer than 10 hens has no specific zoning limits we found, but hens and roosters can't create a noise nuisance.
- How many chickens can I have in Kittery, Maine?
- We found no hen limit for a household flock of fewer than 10 birds. Keeping 10 or more birds over six months old triggers poultry standards, and we didn't find a zone that lists that use, so ask the town.
- Are roosters allowed in Kittery, Maine?
- The code doesn't ban roosters outright, but Animal Control bars keeping a rooster or hen that creates a nuisance with loud noise lasting a half hour, or on and off for two hours, heard at your property line.
- How far from the neighbors must a chicken coop be in Kittery, Maine?
- For flocks of 10 or more birds, coops must be at least 50 ft from the nearest property you don't own or control, and pens and feed lots 100 ft. For smaller flocks we found no coop setback, but coops are still accessory structures and should stay out of required yard setbacks.
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
- § 16.5.7.A Agriculture, Poultry Facility: Number of Animals, Title 16 Land Use and Development Code as adopted January 24, 2022 (recodification), p. 224
A. Number of Animals. These standards apply to the keeping of ten (10) or more poultry animals that are six (6) months old or older in zoning districts in which Agriculture, Poultry Facility is either a permitted use or a special exception use.
- § 16.5.7.B Setbacks, Title 16 Land Use and Development Code as adopted January 24, 2022 (recodification), p. 224
B. Setbacks. The following distances are from the identified nearest property not owned or controlled by the operator/owner of the poultry facility: (1) Structure, including Barn or Coops: 50 ft. (2) Feed lots, pens and extensively used areas: 100 ft.
- § 16.3.2 Definitions: Agriculture, Title 16 Land Use and Development Code as adopted January 24, 2022 (recodification), p. 45
Agriculture does not include agriculture for personal use nor forestry or sawmills, as defined in this Ordinance.
- Chapter 6.1 Animal Control: Nuisance animals (amended 6-10-2024), Chapter 6.1: Animal Control, p. 1
No owner or responsible party may keep or maintain a pet, hen, or rooster which creates a nuisance by continued or repeated barking, howling, yelping, or making of other loud or unusual noises for a half hour or intermittently for two hours, and can be heard at or beyond the boundary of the property on which the animal is located.