HB 2325
Initials EB/BSR Page 1 House Engrossed
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
House: LARA DP 7-2-0-0
HB 2325: backyard fowl; regulation; prohibition
Sponsor: Representative Payne, LD 27
House Engrossed
Overview
Prohibits a municipality or county from adopting a zoning ordinance that restricts a resident
of a single-family detached residence from keeping fowl in their backyard . Allows
municipalities and counties to establish certain requirements for keeping fowl.
History
Municipalities and towns have the general power to adopt and enforce zoning ordinances that
regulate certain aspects of land use (A.R.S. §§ 9-240, 9-499.01, 9-462.01).
Some Arizona cities have adopted ordinances to regulate how many backyard fowl may be
kept at a residence and the conditions in which these animals may be kept:
1) In Phoenix, poultry may be kept in an enclosure within 80 feet of a residence if written
permission is given by each lawful occupant and owner of a residence within 80 feet
of the enclosure;
2) In Chandler, up to five chickens per yard are allowed if the coop is set back at least
five feet from all property lines;
3) In Scottsdale, fowl is allowed unless it is a frequent or habitual nuisance that disturbs
a neighborhood or any two or more persons;
4) In Flagstaff, small livestock such as chickens, ducks, rabbits, miniature goats and
bees are allowed on residential or educational property. Unless the property is located
in Estate and Rural Residential zoning, a permit is required to keep backyard
livestock. On property less than 20,000 square feet, up to 5 chickens are allowed
provided that they are fenced in to keep them on the owner's property and have at
least 10 square feet of outdoor space and 4 square feet of indoor space; and
5) In Tucson, residents may keep up to 24 chickens if they have an enclosure that is not
within 50 feet of the dwelling of another person. Coops must be kept in a clean and
sanitary condition.
Counties have a similar power to adopt and enforce such ordinances. In 2017, the Pima
County Board of Supervisors approved a zoning change to allow residents to keep up to 8
hens in certain properties that are usually 6,000 to 8,000 square feet in size. Single-family
dwelling lots and manufactured home lots of 6,000 square feet or smaller or multi-family
dwellings could keep up to four hens per dwelling (A.R.S. §§ 11-251.05, 11-811) (Pima County
Ordinance 2017- 36).
HB 2325
Initials EB/BSR Page 2 House Engrossed
Provisions
1. Prohibits a municipality or county from adopting a law, ordinance or regulation that
restricts a resident of a single-family detached residence that is one-acre or smaller in
size from keeping fowl in the property's backyard. (Sec.1 and 2)
2. Allows a municipality or county to:
a) restrict the number of fowl that a resident may keep in the property's backyard to no
more than six;
b) prohibit a resident from keeping male fowl, including roosters;
c) require fowl to be kept in an enclosure in the rear or side of the yard at least 15 feet
from a neighboring property and with a maximum size of 200 square feet and a
maximum height of 8 feet;
d) require the enclosure to be maintained and manure picked up , disposed of or
composted at least twice weekly;
e) require that composted manure be kept in a way that prevents migration of insects;
f) require water resources with adequate overflow drainage;
g) require that feed be stored in insect-proof and rodent-proof containers; and
h) prohibit fowl from running at large. (Sec. 1 and 2)
3. States that the property rights of property owners in Arizona are of statewide concern.
(Sec. 1 and 2)
4. Preempts local laws, ordinances and charter provisions. (Sec. 1 and 2)
5. Defines fowl to mean a cock or hen of the domestic chicken. (Sec. 1 and 2)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note