Can I keep backyard chickens in Swampscott, Massachusetts?
Swampscott's zoning bylaw and general bylaws that we reviewed don't specifically regulate backyard chickens, and we found no Board of Health animal-keeping regulation. Contact the Swampscott Health Department before getting hens.
| Agriculture by right | Only on parcels of more than 5 acres [1] |
What the bylaws say
We found no rule on backyard poultry, hens, roosters or coops in Swampscott's zoning bylaw or general bylaws. The only zoning provision on farming is the exempt use for agriculture on a parcel of more than 5 acres, allowed in all districts (the table marks it "Y," permitted by right) [1], which doesn't cover a typical house lot.
Board of Health
In Massachusetts, chickens are usually regulated by local Board of Health rules. Swampscott's posted health regulations list only a tobacco regulation, so we couldn't find a local permit requirement, hen limit or coop setback. That doesn't mean there are no rules. Ask the Health Department directly.
Other rules that may apply
A coop is likely to count as an accessory structure under zoning, so it would need to follow the accessory building setbacks (see Sheds), and only one accessory building is allowed without a special permit.
See how Swampscott compares with 8+ other Massachusetts towns on backyard chickens →
Next steps
- Call the Swampscott Health Department at Town Hall to ask whether keeping hens needs a permit and whether roosters are allowed.
- Ask the Building Department (781-596-8857) whether a coop counts as your one allowed accessory building and which setbacks apply.
Common questions
- Can I keep chickens in Swampscott, Massachusetts?
- The zoning and general bylaws reviewed don't specifically regulate backyard chickens, and no Board of Health animal-keeping regulation was found. Contact the Swampscott Health Department before getting hens.
- Does Swampscott, Massachusetts have rules on backyard hens?
- The bylaws we reviewed don't specifically regulate them. Contact the Swampscott Health Department to confirm.
- Can I have a rooster in Swampscott, Massachusetts?
- The bylaws reviewed don't address roosters or other backyard poultry. Contact the Swampscott Health Department before getting any.
- Is farming allowed on my lot in Swampscott, Massachusetts?
- Agriculture is allowed by right only on parcels of more than 5 acres.
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. 2.2.3.0 Table of Principal Uses, B.4, Zoning By-Law (Version 5-21-25; updated through Annual Town Meeting May 19, 2025), p. 9
4. Use of land for the primary purpose of agriculture, Y horticulture, floriculture, or viticulture on a parcel of more than five acres in area