Can I keep backyard chickens in Brookline, Massachusetts?
Possibly, but it's hard on a typical Brookline lot. You need a Keeping of Animals permit from the Public Health Department, with Building Department zoning sign-off and a public hearing; typical conditions allow up to 12 hens, no roosters, in a fully covered pen. The 2018 zoning bylaw we have (§4.07, Use 57) also requires any coop or enclosure to be at least 100 feet from neighboring homes, and in single- and two-family districts 100 feet from the street, which many lots can't meet.
| Permit | Keeping of Animals permit from the Public Health Department [1] |
| Zoning sign-off | Building Department approval required [2] |
| Max number | 12 chickens (typical permit condition) [3] |
| Roosters | Not allowed [3] |
| Coop and pen | Enclosed coop and pen, covered over the top; chickens kept in it at all times [4] |
| Coop setback (zoning) | At least 100 ft from any neighboring home (2018 zoning bylaw) [5] |
Permit required
Brookline handles backyard chickens through a Keeping of Animals permit. You get the application from the Public Health Department [1], and the Building Department must sign off on zoning [2]. The application includes:
- a plot plan drawn to scale
- pest management, manure management and emergency disaster plans
- Building Department approval, plus Zoning Board approval if needed
- the application fee (listed as "fee rate pending")
The Health Department notifies abutters for a public hearing.
Typical conditions for chickens
The department lists these as examples of permit conditions:
- No more than 12 chickens, and no roosters [3].
- An enclosed coop and pen built as shown in your plans. The pen can be chicken wire but must be covered over the top, and the birds must stay in the coop and pen at all times [4].
- Feed only inside the coop and pen. Clean up manure regularly and compost or dispose of it in a sanitary way.
- Report sick birds to the Health Department and the state Division of Animal Health right away.
- Expect routine, unannounced inspections.
Because these are "examples of conditions," your permit may set different limits.
Zoning: 100-foot setbacks
The Health Department document says the Building Department applies zoning rules to animal keeping. In the 2018 copy of the zoning bylaw we have, the Table of Use Regulations (§4.07, Use 57) lists the keeping of poultry, rabbits, bees and similar animals as allowed in every district, provided that no stable or enclosure is less than 100 feet from any existing residence on other premises [5], and that in the S, SC, T, F and M districts no enclosure is less than 100 feet from a street or holds more than 25 animals. The Director of Public Health can add limits on number and location. This is the 2018 version and may have changed. On most Brookline house lots these distances are hard to meet, so ask the Building Department during sign-off whether your coop location complies or would need Zoning Board relief.
The same permit process covers bees (limit of 2 hives) and other animals such as pigeons, horses and swine.
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Next steps
- Before you buy birds, measure from your planned coop to the nearest neighboring house and to the street, and ask the Building Department whether the 100-foot zoning setbacks (§4.07, Use 57) apply to your lot.
- Get the Keeping of Animals application (with the chicken requirements) from the Brookline Public Health Department (617-730-2300).
- Prepare a plot plan drawn to scale showing the coop and covered pen, plus pest management, manure management and emergency plans.
- Have the Building Department complete its zoning sign-off form, and get Zoning Board approval if the Building Department says you need it.
- Attend the public hearing the Health Department schedules after notifying abutters, then build the coop to the approved plans.
Common questions
- Can I keep chickens in Brookline, Massachusetts?
- Possibly, but it's hard on a typical lot. You need a Keeping of Animals permit from the Public Health Department, Building Department zoning sign-off and a public hearing. The 2018 zoning text we have may have changed since.
- How many chickens can I have in Brookline, Massachusetts?
- Typical permit conditions allow no more than 12 chickens and no roosters, kept in an enclosed coop and pen covered over the top. These are examples of conditions, so your permit may set different limits.
- How far must a chicken coop be from neighbors in Brookline, Massachusetts?
- The 2018 zoning bylaw requires any enclosure to be at least 100 feet from any neighboring residence, and in single- and two-family districts 100 feet from the street. Many lots can't meet this, so ask the Building Department.
- Do I need a permit for backyard chickens in Brookline, Massachusetts?
- Yes. Apply for a Keeping of Animals permit through the Public Health Department, with a plot plan, pest and manure management plans, and Building Department approval. The Health Department notifies abutters for a public hearing.
Massachusetts state rules on backyard poultry
Massachusetts has no statewide right to keep backyard hens. Whether you can keep chickens, how many, and where the coop goes are set locally, through your town's zoning bylaw and Board of Health regulations.
- Board of Health power: under M.G.L. c. 111, §31, local boards of health may adopt "reasonable health regulations", and many use this power to require a permit to keep poultry. Violations can bring fines of up to $1,000. In towns with an agricultural commission, the board must send that commission any proposed rule affecting the non-commercial keeping of poultry, livestock or bees for a 45-day review.
- Agricultural zoning protection is for farms, not most backyards: c. 40A, §3 stops zoning from banning or requiring a special permit for commercial agriculture. Towns may limit that protection to parcels of 5 acres or more, or 2 acres or more if the land produces at least $1,000 per acre a year in sales. A typical backyard flock doesn't qualify.
- Annual barn inspections: your town's animal inspector, working under the state Department of Agricultural Resources (MDAR), does annual barn inspections and a census of livestock and poultry. Backyard flock owners may be contacted.
- Nuisance rules still apply: a board of health may also regulate or prohibit an activity that causes a nuisance or offensive odors (c. 111, §143).
What the bylaw says
- Requirements for the Keeping of Animals and Bees, Public Health Department - Requirements for the Keeping of Animals and Bees, p. 1
Applications are obtained from the Public Health Department
- Requirements for the Keeping of Animals and Bees, Public Health Department - Requirements for the Keeping of Animals and Bees, p. 1
Applications requires sign off from Building Department (form provided by Health Department)
- Examples of conditions established for permit issuance: Chickens, Public Health Department - Requirements for the Keeping of Animals and Bees, p. 1
Limit of 12 chickens. (no roosters).
- Examples of conditions established for permit issuance: Chickens, Public Health Department - Requirements for the Keeping of Animals and Bees, p. 1
An enclosed pod and pen for chickens must be constructed as outlined in submitted plans. Penned area may be chicken wire. The Penned area must be covered over the top. Chickens will be restricted to the pod and enclosed pen at all times.
- §4.07 Table of Use Regulations, Use 57, Zoning By-Law full PDF (effective Nov 13, 2018; file dated 12/16/2021) - STALE, p. 51
provided that no stable or enclosure for any animal may be less than 100 feet from any existing residence building on other premises in any district, or any obvious residence building site on other premises in an S, SC, T, F or M District