Bill To Allow Backyard Chickens In Residential Areas Withdrawn

Councilman Carter says he’s opposed to amendments added to the legislation.

Councilman Mason Carter  (Photo from Frederick County Government Website)

Frederick, Md (KM) It could be back to the drawing board for legislation to amend the accessory uses on residential property in Frederick County to allow homeowners to keep eight or less chickens on their properties. In a unanimous vote on Tuesday, the County Council agreed  to withdraw the legislation at the request of its sponsor, Councilman Mason Carter.

In comments during the meeting, Carter said he could no longer support this legislation after some amendments were added. “Over the years, this County, this Council, has repeatedly displayed the appetite for making things more difficult than they need to be,” he said. “And the amendments made to such a simple bill is proof of that.”

The bill proposed by Councilman Carter in April would have allowed property owners  to keep no more than eight chickens on their property. No roosters would be allowed, and the lots would have to be at least 30,000 square feet. The chickens must be confined to the backyard at all times.

The bill had a public hearing, but no one testified.

In early July, Councilwoman Renee Knapp introduced several amendments to the bill. One stated that no pen, stall, coop or any structure may be closer than 25 feet from a lot line. The amendments also required a minimal floor area of two square feet per chicken. A portion of the backyard where the chickens will be kept be enclosed by a fence of at least four feet in height. The coop where the chickens are kept would be kept in a “neat and sanitary  condition,” and  must be cleaned to prevent an odor form being detected  at the property line. . And no chickens would be allowed to roam outside of if the coop or the enclosed backyard area.

At the time these amendments were voted on by the Council, Carter said they went “too far”.

During Tuesday’s meeting, he said he wanted his bill to be simple for the public to understand. “What we have before us tonight are regulations on a 30,000-square-foot lot that are stricter than those found under our limited ag activity which can be applied for with any lot size,” he said. “This is one of those bad bills. I cannot in good faith sponsor a bill that I cannot support.”

“I’d be more comfortable if we start all over again,” he continued.

By Kevin McManus