Can I keep backyard chickens in Weston, Massachusetts?
Likely yes, with a license from the Weston Board of Health. Keeping poultry counts as farming, which Weston's zoning allows by right in Single Family Residence Districts, and the Board of Health requires an annual livestock license that expires December 31. The sources we reviewed don't set a hen limit, rooster rules or coop setbacks, so ask the Board of Health (781-786-5030).
| License | Board of Health License to Keep Livestock, renewed each year (expires Dec. 31) [1] |
| License fee | $55 (as printed on the 2019 application form; confirm the current fee) [1] |
| Zoning | "Farm" is a by-right use in Single Family Residence Districts [3] |
| Farming definition | Includes keeping and raising of poultry [2] |
| Commercial poultry in residence districts | Needs a permit from the Permit Granting Authority [4] |
| Max hens / roosters | Not stated in the sources we reviewed [1] |
Board of Health license
Weston's Board of Health uses an "Application for License to Keep Livestock." The form asks for the address where animals will be kept and the number and type of animals, lists a $55 fee (on the form revised July 1, 2019), and states that the license expires on December 31 each year [1]. The town doesn't post the Board of Health's animal-keeping regulations online, so we couldn't confirm hen limits, rooster rules, coop setbacks or sanitation standards. Ask the Board of Health before you buy birds.
Zoning
The Zoning By-law defines farming to include "the keeping and raising of poultry" and other domesticated animals used for food [2]. "Farm" is listed among the by-right uses in the Single Family Residence Districts [3]. The commercial raising, keeping or selling of poultry or livestock in a residence district, in connection with a farm use, needs a permit from the Permit Granting Authority [4].
Note that the farming definition refers to work "performed by a farmer," so whether a small backyard flock fits squarely within it is a matter of interpretation. Inspectional Services can confirm.
Coops and nuisances
A coop is likely a "structure" under the Zoning By-law. In that case it must meet the same setbacks from lot lines as other structures: 20 to 45 ft depending on the district [6]. Any use that is offensive or a nuisance to the neighborhood through noise or odors is prohibited [5]. That matters for roosters and manure handling.
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Next steps
- Call the Weston Board of Health (781-786-5030, 11 Town House Road) to ask about any limits on the number of hens, roosters and coop placement.
- Submit the Application for License to Keep Livestock with the $55 fee, listing the number and type of birds.
- Site the coop to meet zoning setbacks from lot lines (20-45 ft depending on district). Confirm with Inspectional Services (781-786-5040) whether it needs a permit.
- Renew the license each year before December 31 and expect a yearly visit from the Animal Inspector.
Common questions
- Can I keep chickens in Weston, Massachusetts?
- Likely yes, with a license from the Weston Board of Health. Poultry keeping counts as farming, which zoning allows by right in Single Family Residence Districts, and the Board requires an annual livestock license that expires December 31.
- How much is a chicken license in Weston, Massachusetts?
- The fee was $55 as printed on the 2019 application form. Confirm the current fee with the Board of Health.
- How many hens or roosters can I have in Weston, Massachusetts?
- The sources reviewed don't state a limit on hens or roosters. Ask the Board of Health at 781-786-5030.
- Are there coop setback rules in Weston, Massachusetts?
- The sources reviewed don't set coop setbacks. Commercial poultry in residence districts needs a permit from the Permit Granting Authority.
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
- Board of Health, Application for License to Keep Livestock, Board of Health - Application for License to Keep Livestock, p. 1
APPLICATION FOR LICENSE TO KEEP LIVESTOCK Check One: New Application ______ Renewal of Application ________ This license expires on December 31st of each year.
- Sec. II Definitions, Farm, Farming, Zoning By-law (Article VIII of the By-laws), through 2025 Special Town Meeting, p. 5
the raising of livestock including horses, the keeping of horses as a commercial enterprise, the keeping and raising of poultry, swine, cattle and other domesticated animals used for food purposes, bees, fur- bearing animals, and any forestry or lumbering operations, performed by a farmer
- Sec. V.B.1.c Single Family Residence Districts, By-Right Uses, Zoning By-law (Article VIII of the By-laws), through 2025 Special Town Meeting, p. 19
c. Preservation of a lot in its natural condition; fields, pastures, woodlots, and orchards; greenhouses for private use; farm; sale or offering for sale of farm produce by owner or resident tenant providing a substantial portion is raised on the premises;
- Sec. V.B.5 Uses Allowed By Permit, Zoning By-law (Article VIII of the By-laws), through 2025 Special Town Meeting, p. 22
and may in connection with a farm use, in a residence district, permit the commercial raising, keeping, selling or other dealing with poultry or livestock.
- Sec. V.A.2 General, Zoning By-law (Article VIII of the By-laws), through 2025 Special Town Meeting, p. 18
2. Notwithstanding any other provision of this Zoning By-law, any building or structure, and any use of any building or structure or premises, which is injurious, obnoxious, offensive, dangerous, or a nuisance to the community or to the neighborhood through noise, vibration, concussion, odors, fumes, smoke, gases, dust, harmful fluids or substances, danger of fire or explosion, or other objectionable feature detrimental to the community or neighborhood health, safety, convenience, morals or welfare, is prohibited.
- Sec. VI.B.2 Table of Conventional Dimensional Requirements, Zoning By-law (Article VIII of the By-laws), through 2025 Special Town Meeting, p. 55
Minimum setback from lot line (e) (f) 45 ft. 35 ft. 25 ft. 20 ft.