Can I keep backyard chickens in Falmouth, Massachusetts?
Generally yes. Falmouth's zoning bylaw (November 2022 version, which may have changed) allows agriculture, including keeping poultry for the household's own use, in all residence districts. A Board of Health poultry regulation, posted only as a draft and not confirmed as adopted, would put coops and runs at least 50 feet from a neighbor's house and 10 feet from the property line, with 10 sq ft per bird.
| Agriculture in residence districts | Allowed by right (SR-AA, SR-A, SR-B, SR-C, GR) [1] |
| Livestock not for household use | Only on parcels of 5 acres or more [1] |
| Coop/run setback from abutter's dwelling (draft Board of Health rule) | 50 ft [4] |
| Coop/run setback from property line (draft Board of Health rule) | 10 ft [4] |
| Setback from wells and swimming/shellfish waters (draft Board of Health rule) | 100 ft [5] |
| Run space per bird (draft Board of Health rule) | 10 sq ft (4 sq ft for daily-moved tractor coops) [6] |
Zoning: poultry is an agricultural use
These zoning rules come from the November 2022 compiled bylaw and may have been amended since. Falmouth's zoning bylaw defines agriculture to include "the keeping and raising of poultry" [2]. The Residence District use table allows agriculture by right in every residence district. If livestock is raised for anyone other than the people living there, the lot must be at least 5 acres [1]. In plain terms, a backyard flock for your own family is allowed on an ordinary house lot. Selling eggs or birds commercially needs more land. Livestock must be properly fenced and sheltered, and all agricultural activities must follow Board of Health rules [3].
Board of Health poultry regulation (draft)
The Board of Health has posted a draft of "Regulations Relating to the Keeping of Poultry." They cover chickens, ducks, geese, guinea fowl and turkeys. Under the draft:
- Coops, runs and other poultry structures must be at least 50 feet from any abutter's house and 10 feet from any property line [4], and 100 feet from drinking water wells and from waters used for shellfishing or swimming [5].
- Runs need 10 sq ft per bird. Mobile "tractor coops" moved daily need 4 sq ft [6].
- Birds can't stray off your property. Outdoor enclosures must have a roof of netting, fencing or solid covering, and feed must be kept in watertight containers.
- The Health Agent may inspect, and the draft sets a daily fine for violations.
What's not settled
The posted document is labeled a draft and still has placeholder section numbers. Its rooster rule leaves the curfew hours blank [7]. It sets no maximum number of hens and doesn't mention a permit or registration. Check with the Health Department whether the regulation was adopted in this form and whether a permit is required.
Near water
A coop within 100 feet of a wetland or shore may also need Conservation Commission review.
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Next steps
- Ask the Falmouth Health Department whether the poultry regulation is in force and whether you need a permit or registration.
- Site the coop and run at least 50 ft from neighbors' houses, 10 ft from your lot lines, and 100 ft from any well or swimming/shellfishing water.
- Size the run at 10 sq ft per bird, cover it with netting or a roof, and store feed in watertight containers.
- If the coop is within 100 ft of a wetland, pond or the shore, check with the Conservation Commission before building.
Common questions
- Can I keep chickens in Falmouth, Massachusetts?
- Generally yes. The zoning bylaw (November 2022 version, which may have changed) allows agriculture, including poultry for the household's own use, in all residence districts.
- How far must a chicken coop be from my neighbor in Falmouth, Massachusetts?
- A Board of Health poultry regulation, posted only as a draft and not confirmed as adopted, would put coops and runs at least 50 feet from a neighbor's house and 10 feet from the property line.
- How much space do chickens need under Falmouth's rules in Falmouth, Massachusetts?
- The draft Board of Health rule calls for 10 sq ft per bird in the run, or 4 sq ft for tractor coops moved daily. Ask the Health Department whether it is in force.
- Can I keep livestock other than poultry in Falmouth, Massachusetts?
- Livestock not for household use is allowed only on parcels of 5 acres or more.
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
- § 240-6.6B Residence Districts Use Table, Other Principal Uses, Zoning Bylaw, Town Code Chapter 240, Articles 1-14 (November 2022 recodification), p. 55
Agriculture, if involving the raising and keeping of Y Y Y Y Y Horticulture, and livestock for other than private use of the Floriculture residents of the premises, then only on parcels of 5 acres or larger
- § 240-3.3 Definitions, Agriculture, Zoning Bylaw, Town Code Chapter 240, Articles 1-14 (November 2022 recodification), p. 15
g. the keeping and raising of poultry, swine, cattle, or other domesticated animals used for food purposes;
- § 240-14.4B-C Agricultural Regulations, Zoning Bylaw, Town Code Chapter 240, Articles 1-14 (November 2022 recodification), p. 143
All agricultural activities shall conform to the rules, regulations, and determinations of the Board of Health and other bylaws of the Town of Falmouth. 240 – 14.4C Keeping of Livestock Livestock shall be properly fenced and adequate shelter shall be provided.
- XX.5 Location (a)-(b), Town of Falmouth Regulations Relating to the Keeping of Poultry (Board of Health; posted as 'Poultry3 draft regulation'), p. 1
Poultry coops, runs, buildings or any other type of a building structure used to house or maintain poultry shall be located: a. Not less than 50 feet from any abutters’ dwelling. b. Not less than 10 feet from any adjoining property line.
- XX.5 Location (c)-(d), Town of Falmouth Regulations Relating to the Keeping of Poultry (Board of Health; posted as 'Poultry3 draft regulation'), p. 2
c. Not less than 100 feet from any drinking water well. d. Not less than 100 feet from any surface waters used for shellfish harvesting or bathing/swimming.
- XX.4 Restrictions (b), Town of Falmouth Regulations Relating to the Keeping of Poultry (Board of Health; posted as 'Poultry3 draft regulation'), p. 1
b. There shall be a minimum of ten square feet for each bird contained within the run or outside enclosed area, except that mobile runs (commonly referred to as “tractor coops” that are moved daily providing fresh pasture area shall be exempt from this requirement and be allowed a density of four square feet per animal.
- XX.4 Restrictions (a), Town of Falmouth Regulations Relating to the Keeping of Poultry (Board of Health; posted as 'Poultry3 draft regulation'), p. 1
a. Poultry operations shall maintain any roosters inside a coop between the hours of ---- and ----.