The ongoing debate about whether or not backyard chickens should be allowed in residential communities in Michigan is as controversial and divided as ever.
Advocates are gaining momentum, which is likely due to the cost of eggs driving up the overall grocery costs for families. Opponents argue they are unsanitary and increase predatory animals and rodents. If your community wishes to ban backyard chickens, your Association needs to draft a carefully and correctly worded ban on backyard chickens to ensure your Association’s restrictions are followed. Don’t solely rely on your municipal ordinance because ordinances can be changed or waived, they can be struck down by the courts, and your own more restrictive backyard chicken prohibition may be deemed to supersede the ordinance, as the most restrictive terms generally should apply.
On March 20, 2025, the Oakland County Circuit Court ruled in favor of the homeowner and against the municipality in a case where the resident maintained backyard chickens in his yard as “pets”, contrary to the local ordinance prohibiting farm animals. The detailed language of the ordinance was deemed unconstitutionally void for vagueness, and the homeowner was allowed to keep his pet chickens; see Hrydziusko v. Village of Beverly Hills; Case No. 2024-21-258-AA. A Circuit Court case is not controlling law in Michigan, so other courts are not required to follow this ruling, but it could be viewed as support of a trend in favor of backyard chickens. Click here to read to full Opinion and Order re Claim of Appeal.
On January 31, 2025, the City of Detroit amended the Detroit City Code to adopt a new agricultural use regulation, “Animal Husbandry and Beekeeping”, which applies to single family residential districts, two-family residential districts, and medium and high density residential districts. The new regulation permits up to 8 chickens and/or ducks, and up to 4 honeybee hives. However, it is a very detailed and restrictive regulation which contains stringent licensing requirements and extensive restrictions and requirements regarding shelters and enclosures, waste management, identification tags, and a prohibition on slaughtering other than at a licensed facility, among many more regulations. This could represent a trend toward municipalities loosening their restrictions on backyard chickens, so if your community wishes to maintain a ban on backyard chickens you should confirm your governing documents contain the required provision to ensure it can enforce a prohibition on backyard chickens. For a full copy of the Animal Husbandry and Beekeeping regulation, click here.
Please contact our office if you would like your governing document provisions reviewed to determine if your animal or pet restrictions need to be amended.
The above is provided as a courtesy for general informational purposes only and does not constitute legal advice. If your Association or other entity would like our assistance in deciding how to proceed, please contact us so we can provide legal advice specific to your situation.
