Can I keep backyard chickens in Salem, Massachusetts?
Yes. Salem's zoning allows domestic fowl (hens) as an urban agriculture accessory use in every district, but roosters are banned. Coops and runs can be up to 8 feet tall and must be at least 5 feet from side and rear lot lines and from any house, and at least 20 feet from the front lot line. The Board of Health has separate Urban Agriculture rules that we did not review and that may limit flock size or require a permit, so check with the Health Department first.
| Allowed where | All zoning districts, as an accessory use [1] |
| Roosters | Not allowed anywhere in Salem [2] |
| Who may keep them | A resident or commercial tenant of the property [3] |
| Max coop/run height | 8 feet [4] |
| Coop setbacks | 5 ft from side/rear lot lines and any principal building (incl. neighbors') [5] |
| Front lot line setback | 20 feet [9] |
| Building permit | Needed for coops over 120 sq ft or 8 ft tall [6] |
| Max number of hens | No limit in zoning; check Board of Health rules [1] |
| Swine or cattle | Board of Health license required [8] |
Allowed citywide
Section 3.2.7 of the Zoning Ordinance allows urban agriculture, including keeping domestic fowl, as an accessory use in all zoning districts, as long as it complies with the building code and any Salem Board of Health requirements [1]. The fowl must belong to a resident or commercial tenant who is responsible for their care [3]. No roosters may be kept on any lot in Salem [2].
The zoning text doesn't cap the number of hens. The Board of Health also has separate Urban Agriculture regulations, which may set limits or require a permit. We did not review them (the city's posted copy is a scanned image with no readable text), so check with the Health Department before buying birds.
Coops and runs
Enclosed coops and runs may be no more than 8 feet tall [4]. A fixed coop or run must be at least 5 feet from any principal building (including the house next door) and 5 feet from side and rear lot lines, and coops and runs aren't allowed within 20 feet of the front lot line [5][9]. Moveable coops on wheels are exempt from the setbacks. Coops over 120 square feet or 8 feet tall need a building permit, and any electrical or plumbing needs its own permits [6]. Housing must protect birds from wind, weather and predators, with ventilation and enough space.
Selling eggs
You may sell eggs produced on the lot from one farm stand, with a display area up to 50 sq ft, between 7 a.m. and 6 p.m. from May 1 to October 31, no more than three days a week and 25 days a year.
Board of Health rules
Board of Health Regulation No. 5 bars keeping any fowl or animal inside a house, or anywhere the Board finds it harmful to neighbors' health or comfort, and lets the Board order the animals removed [7]. Swine and cattle need a Board of Health license [8].
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Next steps
- Contact the Salem Health Department / Board of Health to ask about any hen permit or number limit under its Urban Agriculture regulations.
- Plan a coop no taller than 8 feet, at least 5 feet from side/rear lines and any house and 20+ feet back from the front lot line (or use a coop on wheels).
- Get a building permit from Inspectional Services if the coop is over 120 sq ft or 8 feet tall, or has electrical/plumbing.
- Keep hens only; roosters aren't allowed.
Common questions
- Can I have chickens in Salem, Massachusetts?
- Yes. Salem's zoning allows hens as an urban agriculture accessory use in every district, kept by a resident or commercial tenant. The Board of Health has separate Urban Agriculture rules that may limit flock size or require a permit, so check with the Health Department first.
- Are roosters allowed in Salem, MA?
- No. Roosters are not allowed on any lot in Salem.
- How far does a chicken coop have to be from the property line in Salem, MA?
- A fixed coop or run must be at least 5 feet from side and rear lot lines and from any house (including the neighbor's), and at least 20 feet from the front lot line. Coops and runs can be up to 8 feet tall; moveable coops on wheels are exempt from the setbacks.
- Do I need a permit for a chicken coop in Salem, Massachusetts?
- Only for larger coops. Coops over 120 sq ft or 8 feet tall need a building permit, and electrical or plumbing work needs its own permits. The Board of Health may separately require a hen permit, so ask the Health Department.
- How many chickens can I have in Salem, MA?
- Salem's zoning sets no limit on the number of hens. The Board of Health's Urban Agriculture regulations may set a limit, so check with the Health Department before buying birds.
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
- Sec. 3.2.7 Urban Agriculture, Zoning Ordinance Sec. 3.0 Use Regulations (3.1 Table of Principal Uses, 3.2 Accessory Uses incl. 3.2.2 Home Occupations, 3.2.4 accessory buildings, 3.2.5 Swimming Pools, 3.2.7 Urban Agriculture, 3.2.8 Accessory Dwelling Units), p. 1
Urban Agriculture is allowed as an Accessory Use in all zoning districts, provided that no Urban Agriculture activity shall be conducted, nor Farm Structure erected, except in compliance herewith and with any other applicable laws, rules regulations including without limitation the building code and any requirements of the Salem Board of Health.
- Sec. 3.2.7(2)(b) Domestic Fowl, Zoning Ordinance Sec. 3.0 Use Regulations (3.1 Table of Principal Uses, 3.2 Accessory Uses incl. 3.2.2 Home Occupations, 3.2.4 accessory buildings, 3.2.5 Swimming Pools, 3.2.7 Urban Agriculture, 3.2.8 Accessory Dwelling Units), p. 1
No roosters shall be kept under an Urban Agricultural use or any other use on lots in Salem.
- Sec. 3.2.7(2)(a) Domestic Fowl, Zoning Ordinance Sec. 3.0 Use Regulations (3.1 Table of Principal Uses, 3.2 Accessory Uses incl. 3.2.2 Home Occupations, 3.2.4 accessory buildings, 3.2.5 Swimming Pools, 3.2.7 Urban Agriculture, 3.2.8 Accessory Dwelling Units), p. 1
Domestic fowl must be owned by a resident or commercial tenant of the location who shall be responsible for the care and control of the fowl.
- Sec. 3.2.7(2)(c)(i) Maximum Height, Zoning Ordinance Sec. 3.0 Use Regulations (3.1 Table of Principal Uses, 3.2 Accessory Uses incl. 3.2.2 Home Occupations, 3.2.4 accessory buildings, 3.2.5 Swimming Pools, 3.2.7 Urban Agriculture, 3.2.8 Accessory Dwelling Units), p. 1
Coop. Enclosed Coop space shall not exceed eight (8) feet in height.
- Sec. 3.2.7(2)(d)(i)-(ii) Setback Requirements, Zoning Ordinance Sec. 3.0 Use Regulations (3.1 Table of Principal Uses, 3.2 Accessory Uses incl. 3.2.2 Home Occupations, 3.2.4 accessory buildings, 3.2.5 Swimming Pools, 3.2.7 Urban Agriculture, 3.2.8 Accessory Dwelling Units), p. 1
No fixed coop or run shall be located nearer than five (5) feet to any principal building, including the principal building on an abutting lot, and no coop or run shall be located nearer than five (5) feet to any side or rear lot line.
- Sec. 3.2.7(2)(c)(ii) Size, Zoning Ordinance Sec. 3.0 Use Regulations (3.1 Table of Principal Uses, 3.2 Accessory Uses incl. 3.2.2 Home Occupations, 3.2.4 accessory buildings, 3.2.5 Swimming Pools, 3.2.7 Urban Agriculture, 3.2.8 Accessory Dwelling Units), p. 1
Structures exceeding one hundred twenty (120) sq feet or eight (8) feet in height will require building permits and structures with electrical or plumbing shall require appropriate permits.
- Board of Health Regulation No. 5, Section 1, Board of Health Regulation No. 5 - Swine, Cattle, Fowl, etc., p. 1
SECTION 1. No person shall keep any fowl or animal in any part of a dwelling house, or in any place in the city where the Board of Health may deem such keeping detrimental to the health or comfort of the residents of the neighborhood, or to those who may pass thereby; and said board shall have the power to remove or cause to be removed therefrom any such fowl or animal so kept.
- Board of Health Regulation No. 5, Section 2, Board of Health Regulation No. 5 - Swine, Cattle, Fowl, etc., p. 1
SECTION 2. No swine or cattle shall be kept within the limits of the city without a license first obtained from the Board of Health, and then only in such places and manner as it shall direct.
- Sec. 3.2.7(2)(d)(ii) Setback Requirements, Zoning Ordinance Sec. 3.0 Use Regulations (3.1 Table of Principal Uses, 3.2 Accessory Uses incl. 3.2.2 Home Occupations, 3.2.4 accessory buildings, 3.2.5 Swimming Pools, 3.2.7 Urban Agriculture, 3.2.8 Accessory Dwelling Units), p. 1
Coops and/or runs are not permitted within 20 feet of a front lot line.