BOX ELDER – City officials are weighing three versions of a backyard chicken ordinance, each offering different levels of regulation and city oversight. Director of Planning & Zoning Lauralee Patton presented the draft options to the Finance, Legal and Public Safety Committee during the June 16 meeting.
The Box Elder City Council directed staff to draft the ordinances during its May 19 meeting following two public meetings and an online poll seeking resident input.
The three draft ordinances differ primarily in the level of regulation and oversight required by the city. Option A would allow backyard chickens without permits, annual renewals or limits on the number of chickens, while maintaining the city’s prohibition on roosters. Enforcement would remain complaint-driven under existing nuisance and animal control regulations.
Option B would require permits in most residential and mixed-use zoning districts, establish chicken limits based on property size, require consent from adjacent property owners and impose restrictions on coop placement. Agricultural and rural residential districts would be exempt from permitting requirements.
Option C includes the same permit and neighbor consent requirements as Option B but adds annual permit renewals, a six-chicken limit, stricter operational standards for coops and enclosures, and additional restrictions on the sale of eggs or related products. It would also include more extensive inspection and compliance requirements and could require additional city staffing. Patton noted Option C is closely aligned with Rapid City’s recently adopted ordinance.
Patton said city staff reviewed ordinances in South Dakota’s 10 largest communities by population as part of the drafting process. Of those communities, seven allow chickens within city limits in some form, one limits them to agricultural zoning and two currently prohibits them — including Box Elder.
Patton also presented key questions for the council, including permitting requirements, zoning and property restrictions, neighbor consent provisions and the potential administrative impact on city staff. Patton said the three options are not final and can be modified as council discussion continues. She added the draft options are proposed as modifications to Chapter 4 of the municipal code, which covers animals. Existing enforcement, inspection, citations and penalties are already established.
“I’ve always said I have not been for this,” Council President and committee member Michael Knight said. “I do feel that we’re not going to have much of an option, and if we’re going to do something we need to do it in the best interest of the city.”
Knight said he leans toward Option B, noting he would like to limit additional workload for staff. Committee members Steve Bixel and Kirk Beauchamp agreed, echoing concerns about enforcement capacity and potential impacts on city staff responsibilities.
“Will we have enough staff to come in and follow up on complaints?” Beauchamp said. “I know the enforcement staff are probably busy enough the way it is. It’s going to add another item to their plate.”
Discussion also centered on how permit applications would be reviewed under a permit-based system. City Attorney Matt Naasz said the city would need to clearly define who is responsible for reviewing applications and any permit system would need clear standards for approval and denial, as well as guidelines for annual renewals.
As discussions continue, Knight said he would like to see written consent from adjacent property owners as part of any initial permit requirement, noting that residents may not have anticipated chickens when purchasing homes in the community.
The committee took no formal action on the draft ordinances. Council members are expected to provide additional direction before city staff prepare revised drafts for further consideration.
The next Finance, Legal and Public Safety Committee meeting is scheduled for Tuesday, July 7 at 6 p.m. at Box Elder City Hall.
