Backyard chickens now legal in Brainerd, MN

Backyard chickens were recently legalized in Brainerd Minnesota. Yeah!

Here is the breakdown with my comments:

• Four hen limit (Reasonable)
• No roosters (Reasonable)
• Limitations on coop and run size (Seems reasonable)
• Composting chicken manure prohibited (Poor choice. Composting is good and should be encouraged, as it reduces municipal waste going into landfills.)
• Square foot requirements per bird (Coop must provide at least 4 square feet, but no more than 10 square feet per bird.  This sounds good.)
• Annual $30 dollar permit required (This is not the highest permit fee I've seen, but given the economy it may be a lot for some people.)
• Distance requirement from buildings (25 seems reasonable, depending on average lot sizes.)
• Requires 100% neighbor approval of abutting properties (I am against this.  It's either legal or its not.  Your right to produce food should not be based on approval from neighbors.)

For urban livestock ordinance geeks like me who want all the details, the full text is below. Link to code online

Section 900 – ANIMALS

900.08. Chickens.

Subd. 1. Chickens Limited. It is unlawful for any person to own, control, keep, maintain or harbor hen chickens on any residential premises in the City unless issued a permit to do so as provided herein. In the case of rental residential property, including multi-family residential property, written permission must be given by the property owner for a tenant to keep or harbor chickens on said residential premises. No permit shall be issued for the keeping or harboring of more than four (4) hen chickens on any premises unless the property is located in an agricultural or rural zoning district. The keeping of roosters is prohibited. It shall be unlawful to keep or harbor hen chickens in addition to the limitations set forth in Section 900.13, subd. 1. (For example, the limitation is further clarified as follows: 4 dogs, or 4 cats, or 4 chickens, or 3 dogs and 1 cat, or 3 chickens and 1 dog, or 2 cats and 2 chickens, etc.)

Subd. 2. Definitions. The term “At Large” shall be intended to mean a chicken out of its chicken run, off the premises or not under the custody and control of the owner. The term “Chicken” means a female chicken or hen. The term “Chicken Coop” means a structure providing housing for chickens made of wood or other similar materials that provides shelter from the elements. The term “Chicken Run” means a fenced outside yard for the keeping and exercising of chickens. The term “Owner” shall mean the resident, property owner, custodian or keeper of any chicken. The term “Premises” means any platted lot or group of contiguous lots, parcels or tracts of land.

Subd. 3. Permit. No person shall maintain a chicken coop and/or chicken run unless granted a permit by the City. The permit shall be subject to all terms and conditions of this Section and any additional conditions deemed necessary by the City to protect the public health, safety and welfare. The necessary permit may be obtained from the City Administrator’s office. Included with the information required prior to issuance of the permit must be a scaled diagram that indicates the location of any chicken coop and run, and the approximate size and distance from adjoining structures and property lines. The owner must also obtain written approval of the keeping of chickens from all abutting property owners. A permit for the keeping of chickens may be revoked or suspended by the Council for any violation of this Section following written notice and a public hearing. An annual fee of $30 will be charged for each permit which shall expire on December 31 of each year.

Subd. 4. Confinement. Every person who owns, controls, keeps, maintains or harbors hen chickens must keep them confined on the premises at all times in a chicken coop or chicken run while in the City. Any coop and run shall be screened with a solid fence or landscaped buffer with a minimum height of four (4) feet. Any coop and run shall be at least 25 feet from any residential structure or any other premises on any adjacent lots.

Subd. 5. Chicken Coops and Chicken Runs.

A. All chicken coops and runs must be located within the rear yard subject to the required setbacks for the principal building and at least 25 feet from any dwelling or any other premises on any adjacent lots. All chicken coops must be a minimum of 4 square feet per chicken in size, must not exceed 10 square feet per chicken in size and must not exceed 6 feet in total height. Attached fenced-in chicken runs must not exceed 20 square feet per chicken and fencing must not exceed six feet in total height. Chicken runs may be enclosed with wood and/or woven wire materials, and may allow chickens to contact the ground. Chicken feed must be kept in metal, predator proof containers. Chicken manure shall not be placed in yard compost piles.

B. Chicken coops must either be:

1) Elevated with a clear open space of at least 24 inches between the ground surface and framing/floor of the coop; or,

2) The coop floor, foundation and footings must be constructed using rodent resistant construction.

C. Chicken coops are not allowed to be located in any part of a home and/or garage.

D. Chickens must be secured in a chicken coop from sunset to sunrise each day.

Subd. 6. Conditions and Inspection. No person who owns, controls, keeps, maintains or harbors hen chickens shall permit the premises where the hen chickens are kept to be or remain in an unhealthy, unsanitary or noxious condition or to permit the premises to be in such condition that noxious odors are carried to adjacent public or private property. Any chicken coop and chicken run authorized by permit under this Section may be inspected at any reasonable time by the City Animal Control Officer or other agent of the City. Slaughter and breeding of chickens on any premises within the City is prohibited.

Subd. 7. Violations. Any person who owns, controls, keeps, maintains or harbors hen chickens in the City limits of Brainerd without obtaining or maintaining a current permit or after a permit has been suspended or revoked by Council action shall be guilty of a petty misdemeanor.