Can I keep backyard chickens in Nantucket, Massachusetts?
Yes, with a permit. Nantucket's Board of Health requires a permit to keep hens (or ducks, goats, cows or swine) anywhere in town; the permit costs $5 a year and expires every April 30.
| Permit required | Yes, from the Board of Health (hens, ducks, goats, cows, swine) [1] |
| Annual permit fee | $5 [4] |
| Permit expires | Every April 30 (renew annually) [3] |
| Coop upkeep | Must be kept clean and free of filth, dirt and stagnant water [2] |
Permit from the Board of Health
Nantucket's Board of Health animal regulation says no one may keep cows, ducks, goats, hens or swine on any premises in town, whether as owner, tenant or occupant, without a permit from the Board of Health [1]. That covers a typical backyard flock of hens, so a permit is the first step before you bring birds home.
Fee and renewal
The keeping-of-animals permit costs $5 per year [4]. All permits expire every April 30, so you need to renew each year, and the Board can revoke a permit at any time for cause [3].
Keeping the coop clean
Buildings, yards and enclosures for the animals must be kept clean and free from filth, dirt and stagnant water at all times [2]. Complaints about odor or mess can be grounds for the Board to revoke a permit.
What the regulation doesn't say
The Board of Health regulation we reviewed doesn't set a maximum number of hens, ban roosters or set coop setbacks from property lines. Those limits, if any, may be in the Chapter 139 Zoning Bylaw, which we couldn't review, so ask before building a coop. Exterior structures on Nantucket can also need Historic District Commission approval.
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Next steps
- Apply to the Nantucket Board of Health (Health Department) for a keeping-of-animals permit and pay the annual fee ($5 under the regulation) before getting hens.
- Ask the PLUS Building Office (508-325-7587) whether the Zoning Bylaw limits poultry or sets coop setbacks in your district.
- Renew the permit each year before it expires on April 30.
Common questions
- Can I keep chickens in Nantucket, Massachusetts?
- Yes, with a permit. The Board of Health requires a permit to keep hens (or ducks, goats, cows or swine) anywhere in town.
- How much is a chicken permit in Nantucket, Massachusetts?
- The permit costs $5 a year and expires every April 30.
- Does zoning limit backyard hens in Nantucket, Massachusetts?
- Ask the PLUS Building Office whether the Zoning Bylaw limits poultry or sets coop setbacks in your district. The coop must be kept clean and free of filth, dirt and stagnant water.
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
- Ch. 211, Animals (Board of Health regulation), permit requirement, Chapter 211: Animals (Board of Health regulation; keeping of hens, ducks, goats etc. by permit) (eCode360), p. 1
No person shall keep within the limits of this Town in any building, or on any premises of which he may be the owner, lessee, tenant, or occupant, any cows, ducks, goats, hens, or swine without a permit from the Board of Health.
- Ch. 211, Animals (Board of Health regulation), sanitation, Chapter 211: Animals (Board of Health regulation; keeping of hens, ducks, goats etc. by permit) (eCode360), p. 1
Buildings, yards and enclosures for cows, ducks, goats, hens, or swine must at all times be kept clean and free from filth, dirt, and stagnant water.
- Ch. 211, Animals (Board of Health regulation), permit term, Chapter 211: Animals (Board of Health regulation; keeping of hens, ducks, goats etc. by permit) (eCode360), p. 1
All such permits expire annually on April 30, and may be revoked by the Board at any time for cause.
- Ch. 211, Animals (Board of Health regulation), fee, Chapter 211: Animals (Board of Health regulation; keeping of hens, ducks, goats etc. by permit) (eCode360), p. 1
As established by the Board of Health, the keeping of animals annual permit fee is $5.