Can I keep backyard chickens in Topsham, Maine?
Yes, for your own household. A Topsham Codes Office handout (not the ordinance text itself) says keeping animals for personal household use is an accessory use that the zoning ordinance doesn't otherwise regulate. Keeping more than your household needs, or selling eggs or birds, may need approval as an Animal Husbandry or Agriculture use.
| Household animals | Accessory use, not further regulated by zoning [1] |
| Beyond household needs or for income | May need Animal Husbandry and/or Agriculture use approval [1] |
| Agriculture definition | Includes keeping poultry for sale [2] |
| Animal husbandry definition | Keeping domesticated animals other than customary household pets [3] |
Source note
This is based on a Codes Enforcement Office handout, an official town summary rather than the ordinance text itself. We could not download Chapter 225 (Zoning), so we couldn't check its use table or any performance standards for animals. Topsham's Animals chapter (Chapter 76) covers dogs only and says nothing about chickens.
Hens for your own use
The Codes Office says keeping animals "for personal household use" is an accessory use and "is not further regulated by the zoning ordinance" [1]. The handout gives no limit on the number of hens, no coop setbacks and no permit requirement, and it doesn't mention roosters.
When it becomes a bigger use
If your animals go beyond your household's needs or are kept to make money, you may need approval for an "Animal Husbandry" or "Agriculture" use [1]. Agriculture is defined as keeping plants or animals for sale or lease, and specifically includes "poultry and poultry products" [2]. Animal husbandry means keeping domesticated animals other than customary household pets [3]. Because hens aren't typical household pets, confirm with the Codes Office that a small flock kept for your own eggs counts as household use at your address. The handout doesn't say which zones allow those uses or what approval they need. That's in the zoning use table we couldn't review.
State rules
The handout notes that the Maine Department of Agriculture (207-287-3846) may regulate certain animals. Statewide chicken rules are shown separately on this page.
See how Topsham compares with 8+ other Maine towns on backyard chickens →
Next steps
- If you plan a small flock for your own eggs, confirm with the Topsham Codes Enforcement Office (207-725-1723) that no permit is needed at your address.
- If you'll sell eggs or birds or keep a larger flock, ask the Codes Office whether you need Animal Husbandry or Agriculture approval in your zone.
- Contact the Maine Department of Agriculture (207-287-3846) with questions about animal health rules.
Common questions
- Can I have chickens in Topsham, Maine?
- Yes, for your own household. A Topsham Codes Office handout says keeping animals for personal household use is an accessory use not further regulated by zoning. It gives no limit on hens, no coop setbacks and no permit requirement, but we could not review the ordinance itself.
- Can I sell eggs from my chickens in Topsham, Maine?
- It may need approval. Keeping more than your household needs, or selling eggs or birds, may need approval as an Animal Husbandry or Agriculture use. Which zones allow those uses isn't on the handout.
- Are roosters allowed in Topsham, Maine?
- The handout doesn't mention roosters. Hens aren't typical household pets, so confirm with the Codes Office that a small flock counts as household use at your address.
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
- Animals for Personal Home Use handout, Animals for Personal Home Use (Codes Office handout), p. 1
The keeping of animals for personal household use is considered an “Accessory Use” and is not further regulated by the zoning ordinance. If you plan to keep animals at your home that exceed the needs of the household or for income producing purposes, you may need approval for an “Animal Husbandry” and/or “Agriculture” use.
- Animals handout, definition of Agriculture, Animals for Personal Home Use (Codes Office handout), p. 1
The production, keeping or maintenance for sale or lease of plants and/or animals, including, but not limited to, forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock; fruits and vegetables; and ornamental and greenhouse products.
- Animals handout, definition of Animal Husbandry, Animals for Personal Home Use (Codes Office handout), p. 1
The keeping of any domesticated animals other than customary household pets.