CLUCK asks: Do Backyard Hens or Coops Affect Real Estate Values?

"I won't be able to sell my house!" "Is the government going to pay me for the reduction in value?" These are the plaintive arguments we hear when local governments consider relaxing chicken ordinances - the fear that chickens negatively affect property values. And we hear it from some realtors.

I'm not sure I would say realtors are skittish, but they all probably have a story about a seemingly minor detail costing them thousands of dollars of commission fees when a hot prospect discovers what they think is a fatal flaw.

Photo from Center for Biological Diversity (not a New Jersey deer). 

True Story: My father was an experienced salesman who worked in Manhattan. One summer he thought he would try his hand at real estate after he came home from work. So one evening he was showing an urban couple a new home in a subdivision carved out of former New Jersey farmland. The couple was clearly interested and my observant father, hoping to seal the deal, drew their attention to a magnificent buck standing bathed in the setting rays at the edge of the woods. The woman froze, turned to her husband and demanded to be taken back to the city immediately, opining that she had no intention of living where there were wild animals. The sight of the animal that so thrilled my father, terrified the woman -- so you never know. Probably some people immediately walk out of homes with spas or granite counters.

Consequently, I'm sure that somewhere in the US a modest coop in a neighbor's yard has made a deal head south. There are alektorophobes out there. But that's a far cry from the inevitable allegations that allowing backyard hens will "obviously" depress property values. What depresses property values is the behavior of  irresponsible neighbors that color outside the lines of the neighborhood norms or standards -- and people don't need chickens to do that. There is no dormant irresponsible neighbor gene that only gets expressed when chickens enter the picture. Jerks will be jerks with or without chickens. 

A prominent realtor here in Sarasota told me that if your neighbor paints their house pink or has three lawn ornaments in their front yard, that will affect your ability to get your price more than a few hens in your backyard. For people who don't want to take that risk there are mandatory Residential Community Associations (RCAs) that uses codes, covenants, and other restrictions to enforce standards.

The rest of us live in neighborhoods with no neighborhood associations or voluntary associations that lack the power to enforce. These neighborhoods rely on municipal codes to set limits on what is acceptable so you run the risk of having a neighbor with a pink house, or three lawn ornaments. (You also have a lot more latitude to do what you want on your property.)

As far as CLUCK knows, no one has produced any data that suggests backyard hens lower property values. But there does seems to be some indirect evidence that coops are either neutral or potential assets. One real estate brokerage (Redfin) has named "the top five chicken cities" based on homes recently listed in MLS that mention coops as a feature. These cities are not Camden New Jersey or Detroit Michigan, but places people want to move to and live:

Portland: This graphic may say it all:

This wikipedia graphic shows Portland has a strong housing market
in spite of (because of?) being the most chicken friendly city.

California cities in the top five are Ventura, San Diego, and Sacramento. Seattle rounds out the list.

Some might say advertising a coop is simply attempting to make a virtue out of a necessity, but if coops were clearly deal-killers, they would not be mentioned (or owners would get rid of them before putting the property on the market). And if chickens poisoned the real estate market, would 19 of the 25 largest cities in the US allow backyard hens?

Not only does Redfin identify chicken-friendly cities, they post listings for properties that feature coops. Last time I checked, there were 75 properties FEATURING chicken coops (with photos). Check it out. 

An enterprising researcher, Anna Altic, looked at a 2010 Forbes article profiling the top ten housing markets appreciating in value and found nine allowed chickens. Then she looked at the ten sickest housing markets. Guess what? Only three allowed chickens. Does that prove anything? No, but it suggests chickens need not be a drag on a housing market and than banning chickens is not a key to a strong market. Read her article here.

So what are the top four reasons backyard hens or coops appear to be neutral or assets when selling a home?

1) Some MLS properties are now FEATURING chicken coops. - You don't advertise a problem.

2) Cities with strong real estate markets are chicken-friendly. And places young people want to move are chicken friendly. See also the data in Can Backyard Chickens Make Sarasota Hip?

3) The vast majority of large/major US cities allow backyard hens. If they were deal-killers, this number would not be so high. (This urban reality also punches a gigantic hole in the "farm animal" or "livestock" argument).

4) No one seems to have produced any data (that's different than a random anecdote or supposition) that backyard hens or coops by themselves depress real estate values.

Colbert Comments on Confining California Chicken Cages

One factor driving the resurgence in backyard chickens has been growing awareness of the inhumane conditions that layer hens are subjected to in large commercial layer operations in what are called battery cages.

In 2008, California voters passed Proposition 2, the Prevention of Farm Cruelty Act, requiring, among other things, that calves raised for veal, egg-laying hens and pregnant pigs be confined only in way that allow these animals to lie down, stand up, fully extend their limbs and turn around freely. 

Stephen Colbert contemplates 200 square inch cage. 

Egg producers were given until January 1, 2015 to come into compliance. 

(ABC) Annotated Bibliography of Chicken Legalization Reference Material

Here are several documents you need to get hold of and read if you are trying to legalize chickens in your community. These are NOT how to raise or take care of chicken documents, but rather material related to legalizing backyard hens. 

There are three basic types of documents: synoptic reviews of chicken communities and their ordinances, persuasive case statements, and strategic advice. 

CLUCK News: Chickens in Orlando, Tampa, Venice!

Three years ago no one probably thought the City of Sarasota, Hernando County, Pinellas County, Holmes Beach, and Manatee County would vote to allow backyard hens. They did and it looks like chickens aren't done. Check out recent developments:

Orange County and Orlando: Move over mouse, the chickens are coming. Orange County is looking at a three hen ordinance that may be approved July 2nd. 

Orange County Ready to Welcome Backyard Chickens After Public Hearing

And after Orlando started with a three hen pilot program involving 25 households, in April they tripled the number of pilot households and bumped the number of birds up to 4. It seems unlikely these changes would have happened if the original program was going astray.

Urban Chickens, Backyard Coops Allowed in Orlando. and More Chickens Flocking to Orlando.

And, that's not all. According to the Orlando Sentinel:

"Maitland is hatching its own ordinance, and Lake County and Winter Park are exploring the idea."

Tampa: After two years of consideration, a measure relaxing chicken rules in Tampa has passed the City Council. The final vote is July 18, but with only two (of seven) City Council members voting against, the change is believed to have a strong chance of passing. Provisions inlcude: hens only, one bird per 1,000 square feet of land, coop no more than 125 square feet and no more than 6 feet high. They will have to be confined to the owner's property by a fence or wall. The Council wisely directed staff to review the City's Wildlife Sanctuary laws to make sure they don't complicate enforcement.

Tampa Bay Times Story

Venice: It turns that what CLUCK has long claimed is true: Chickens are not illegal in the City of Venice. They cannot be "at large" (ranging off the owners property) and are no doubt subject to standard nuisance laws that would make roosters (noise) and large numbers violations, but apparently discreet hen harborers need not fear the man in Venice. 

Sec. 10-4. - Domestic fowl running at large.

It shall be unlawful for any person to allow chickens and other domestic fowl to run or be at large within the city. The term "chickens and other domestic fowl," as used in this section, shall be construed to mean any chicken, goose, turkey, guinea hen, duck, peafowl or other domestic or domesticated fowl.

(Code 1982, § 5-4)

Manatee County Approves Backyard Hens!

After a long campaign led by Manatee CLUCK, the Manatee County Commission voted on June 4th to allow single family homeowners in the unincorporated county to have up to four backyard hens.

Detail of artwork by Old Miakka artist, Jean Blackburn, which may be seen at Bradenton Riverwalk

The vote was 4-2 with Commissioners Chappie, Gallen, Bustle and Whitmore voting for Whitmore's motion. Commissioners Benac and Baugh voted against. Commissioner Benac conceded chickens could be pets, but voiced concerns about the impact on neighborhoods. Her position evolved more than Commissioner DiSabatino who seemed stuck on her position that chickens can only be farm animals. 

Commissioner DiSabatino had a conflicting appointment, but prior to leaving reported she would have voted against the motion -- shattering any illusion that she was open-minded since her announcement preceded the public testimony.

There was some confusion regarding the draft ordinance because staff had submitted CLUCK's preferred limit of 12 chickens and the Board seemed intent on voting on staff's preferred alternative, which was four hens. The motion that passed also increased the side setback from 20 to 25 feet. 

Much credit is due Rob Kluson who combined professional expertise and volunteer dedication to shepherd the process and keep Manatee CLUCK chicken advocates motivated for several years.

Manatee County joins Hernando and Pinellas counties and the City of Sarasota as governments that have recently voted to relax regulations on keeping backyard hens. 

The ordinance wording may be found by clicking on this highlighted text. 

Chickens 101 Workshop Saturday May 25th

North Port: One Vote Short

On Monday May 13th, 2013, the North Port City Commission fell one vote shy of getting ahead of the pet chicken phenomenon, a vote they may come to regret. With Commissioner Tom Jones still not back on the dais, measures need a 75% (3-1) approval rating to pass instead of the usual 60% (3-2). As a result the group deadlocked 2-2 and the measure failed when Commissioner Blucher switched his vote from the first reading. 

Commissioner Blucher started the questioning inquiring if the chickens could just be wandering free-range when not in the coop. Commissioner Cook wanted to know if people who wanted chickens would have the obtain permission from the owners of undeveloped neighboring lots. 

Citizens speaking in opposition seemed to be using chickens as proxies for other complaints they have with the City or their neighbors. One gentleman complained about four or five families living on one house. Entertaining and erratic former Commissioner Buddy Hughes managed to talk about a shopping center, cholesterol, and her cats. She said she "looked it up on the internet" and found chickens were "noisy, smelly and poop all over".

Several citizens spoke in favor and several mentioned the wild birds and other animals found in their yards that should pose a well-contamination risk comparable to the one hypothesized by Commissioner Cook. They also hit on the basic fairness theme and their right to keep animals so long as they weren't a nuisance. Angela Funes deserves lots of credit for stepping up and working to organize supporters by creating the NP City Chickens Facebook page.

Once they closed the public hearing it became evident the measure was in trouble, even though staff had delivered what the Commissioners had asked for: a requirement to have neighbor permission without burdening permitting staff. 

Commissioner Cook had a long list of complaints and concerns starting with her lingering disappointment that staff never took time to address the theoretical concern that chicken droppings could somehow contaminate wells. She wanted all neighbors to have to give permission, questioned compost, and alluded to some chicken problem in China. And then, apparently in a effort to show she was reasonable, suggested one chicken might be okay as pet and observed that she would be more likely to consider this if the gated communities wanted chickens -- which is roughly comparable to arguing that prayers should become a regular part of the school-day when atheists demand it. She finished by expressing concern that this "might open the door to zoning issues". 

Chicken owner and supporter Commissioner DiFranco spoke next, lamenting the fact that people are not taking care of their animals. She mentioned overbreeding and people walking away from their pets. She pointed out that even if North Port had as many code enforcement staff as Sarasota, the far larger territory complicated matters and made it more important that people police themselves. 

Commissioner Blucher observed that he had been non-committal to start with, but that he had heard from a lot of people since the first reading and had concluded "the majority do not want" chickens, without commenting on whether American governments exist to impose the preferences of the majority or protect the rights of the minority. He expressed concerns about enforcement and raised, for the first time, the issue of flies*. It was obvious he was going to switch his vote.

Mayor Yates, reading her peers, stated that 34 people had contacted the commission in support and only a handful opposed. She stated it was a private property rights issue and pointed out that banning chickens wasn't going to solve other animal issues in the City. She said it was unfortunate and sad that the measure was going down and repeated her plea to give it a try. But when the board flashed it was 2-2. 

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CLUCK's North Port chicken prediction: Chicken complaints in North Port will increase, possibly dramatically. There are two reasons for this: first, all the media coverage and outcome (chickens are illegal) will drive a wave of complaints about pre-existing chickens (that previously may have been thought to be okay) and 2) people who wanted to color inside the lines and supported a reasonable ordinance will simply give up on their government and just get chickens anyway. For people like Commissioner Cook and former Commissioner Hughes, this will elicit a "see, I told you so" response. 

The North Port chicken community will continue to grow and organize (the Facebook page has 51 "likes" as of this posting) and eventually, possibly when a new Commission is seated, the Commissioners will realize it makes more sense to provide reasonable accommodations for backyard hens so that code enforcement can focus on real problems like animal abandonment, pet hoarding, animal abuse, and cockfighting. 

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*FLIES

CLUCK wishes Commissioner Blucher had raised the fly issue sooner, since chicken waste can attract flies. Here is one chicken keepers experience:

I go for weeks or months with no noticeable fly problem. That convinced me my hens weren't creating a problem because their numbers are constant. Then all of a sudden there will be droves. At first I thought it was the weather - maybe drought suppressed flies. But eventually I realized my chickens were not creating the fly problem - they were the victims. 

Here's what I've figured out is going on: Some one throws out a lot of chicken carcasses from a barbecue, or they gut their fish when they get home, and they drag the garbage out to the curb where attracts flies that lay eggs. Or a raccoon or opossum gets hit by a car and crawls off to die. Soon it is crawling with hundreds, if not thousands, of maggots that turn into hundreds or thousands of flies. Those flies hatch out and need to find a place to lay their eggs. 

Here's where my chickens come in. The flies bred elsewhere show up in my yard, only to find tiny quarter-sized chicken droppings. Any port in a storm. So I end up doing the fly-trapping -- putting a stop to a fly problem generated by my neighbors or road-kill. Instead of chicken owners CREATING a neighborhood fly problem, they are the people motivated and equipped to STOP a neighborhood fly problem.