Boone County examines rules for backyard chickens, rabbits and bees

Backyard chickens in unincorporated Boone County? How about bees and rabbits? In June, the fiscal court instructed the planning commission to consider whether or not to relax restrictions.

Currently, unincorporated Boone County does not allow property owners to keep backyard chickens, rabbits and bees in certain residential zoning areas. The Boone County Zoning Code states that chickens are generally allowed in rural and agricultural zoning districts, as well as Rural Suburban Estates and Rural Suburban zones. 

A-1 Agricultural districts are mainly designated for crop production, livestock, forestry and other traditional farm uses. Residential development is allowed only at very low densities. A-1 districts require a minimum lot size of five acres. A-2 Agriculture Estate districts permit slightly more housing, serving as a transition between farmland and suburban neighborhoods. Both districts restrict development to protect agricultural activities.

Chickens, rabbits and bees are not allowed in higher-density residential zones such as Suburban Residential 2, Suburban Residential 3, Urban Residential 1, Urban Residential 2, and Urban Residential 3. In Suburban Residential 1 zones, chickens are generally allowed as pets, but not for any commercial purposes.

During a Boone County Fiscal Court meeting on June 17, Hand motioned for the planning commission to research and explore changes to the zoning rules surrounding backyard chickens, rabbits and bees. Commissioner Cathy Flaig seconded the motion.

Hand emphasized that he was strictly looking for recommendations from the planning commission, rather than seeking any concrete legislative action at this point in time.

“I make a motion to direct the staff to coordinate with the planning commission to look at options for removing the restrictions on backyard chickens, rabbits and bees,” he said.

From Hand’s perspective, raising chickens, rabbits and bees has become an agricultural hobby in the post-pandemic world. As such, the stigma surrounding raising chickens in residential areas has lessened, partly due to economic considerations, such as higher egg prices.

“We restrict chickens, rabbits and bees, which today are very much a hobby type thing for many, many families and people. Bees, especially – it’s really a low impact, or no impact,” Hand said. “If you want to put a couple hives in your backyard, that’s real common. In fact, we have them in Boone County in some places. Same with chickens and rabbits are low-impact, and they’re generally considered pets. There really shouldn’t be a reason why, I think, we restrict people from having them.”

Animals such as chickens, rabbits and bees are not permitted under Boone County’s current definition of Household Agriculture. This definition allows residents to keep chickens and similar animals on a small scale as long as it is attached to the home, not used for commercial purposes and does not create a nuisance.

One Boone County city, Florence, went so far as to ban backyard chickens within suburban residential zones, categorizing chickens as farm animals rather than household pets.

The county’s zoning rules typically permit chickens, rabbits and bees in Rural Suburban Estates because livestock farming is a primary use, and keeping animals is allowed as a secondary use. While poultry is not specifically listed as a primary use in Rural Suburban zones, chickens can be kept as non-commercial pets under the “pets and animals” category.

Hand and Commissioner Jesse Brewer noted that neighborhood homeowner associations throughout unincorporated Boone County would still be able to outlaw or restrict backyard chickens within their neighborhoods.

Boone County Administrator Matthew Webster explained the legislative process for changing the zoning ordinance.

“What will happen, Judge, is they (planning commission staff) will do a draft and they’ll be happy to come back and present that to the court,” he said. “If you decide you do not like where that’s headed, we can really stop it there. If at that point, if you like the direction, then it will require a full text amendment process that will go through the full process.

Boone County Judge/Executive Gary Moore wanted the discussion to continue.

“We would want to have an intense public discussion about it,” Moore said. “We wouldn’t want folks to find out about it when they wake the next morning and didn’t know we were doing it.”

At least one community organization has publicly supported changes to the zoning code. In June 2024, the Boone County Agricultural Extension Office published a newsletter advocating for allowing backyard chickens in the county’s urban areas. 

Public discussion picked back up at the Boone County Planning and Zoning Commission’s technical design/review committee meeting on Aug. 20. During the meeting, Boone County Zoning Administrator Michael Schwartz noted that the primary sticking point is “Household Agriculture.”

Animals classified under household agriculture are only allowed in the county’s agricultural zones and in its lowest-density residential districts, RS and RSE. Kentucky state law generally exempts agricultural uses on five or more acres from most zoning restrictions.

“Most important, we think that while some people in these traditional or urban residential zoning districts may desire to have this household agriculture, we feel that it is equally important to protect the rights of those people in those districts that don’t want it,” Schwartz said.

After some discussion, the committee decided that chickens and other animals like rabbits and bees should stay restricted to agricultural and very low-density residential zones. They also agreed that bringing them into suburban or urban areas leads to conflicts between neighbors, complaints about noise and smells, and issues with enforcement related to sanitation and animal care.

Still, recognizing that the fiscal court might want to consider broader allowances, Schwartz and his team drafted an “Alternative B” proposal. This version would allow a limited number of animals in suburban areas, under strict conditions: up to six chickens or rabbits, or one beehive; placement in the rear yard with a 20-foot setback; screening requirements; and restrictions on roosters and breeding.

Ultimately, Schwartz and the committee decided not to recommend any changes to the current zoning code, while providing the fiscal court with draft language for Alternative B only if the legislative body urges further consideration.