Assigned to NREW AS PASSED BY COW
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
FACT SHEET FOR H.B. 2325
backyard fowl; regulation; prohibition
Purpose
Prohibits a municipality and a county from adopting a prohibition on backyard fowl.
Prescribes regulations that a municipality or a county may adopt regarding backyard fowl.
Background
The legislative body of a municipality may enforce any zoning ordinance in the same
manner as other municipal ordinances are enforced. A city's or town's legislative body must
establish necessary and appropriate rules and procedures governing application for zoning
amendment, review and approval of plans, issuance of any necessary permits or compliance
certificates, inspection of buildings, structures and lands and any other actions which may be
considered necessary or desirable for enforcement of the zoning ordinance (A.R.S. 9-462.05).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Prohibits a municipality and a county from adopting any law, ordinance or other regulation
that prohibits a resident of a single-family detached residence on a lot that is one-half acre or
less in size from keeping fowl in the backyard of the property.
2. Allows a municipality and a county to:
a) prohibit a resident from keeping male fowl, including roosters;
b) require fowl to be kept in an enclosure located in the rear or side yard of the property at
least 15 feet from a neighboring dwelling and restrict the size of the enclosure to a
maximum of 200 square feet with a maximum height of 8 feet.
c) require the enclosure to be maintained and manure picked up and disposed of or composted
at least twice weekly;
d) require that composted manure be kept in a way that prevents migration of insects;
e) require water sources with adequate overflow drainage;
f) require that feed be stored in insect-proof and rodent-proof containers; or
g) prohibit fowl from running at large.
3. Requires a municipality and a county to enact an ordinance that requires an enclosure located
in a residential community on a lot less than one acre in size to be shorter than the fence line
of the property. FACT SHEET – Amended
H.B. 2325
Page 2
4. Declares that the outlined prohibition of regulation of backyard fowl preempts all local laws
and ordinances and that the property rights of property owners in Arizona are of statewide
concern.
5. Defines fowl as a cock or hen of the domestic chicken.
6. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Removes the ability for a municipality and a county to restrict the number of fowl to a
maximum of six for a resident keeping backyard fowl.
2. Specifies that a municipality and a county are allowed to require backyard fowl to be in an
enclosure that is at least 15 feet from a neighboring dwelling, rather than from a neighboring
property.
3. Specifies that a municipality and a county may not adopt any law, ordinance or other regulation
that prohibits a resident of a single-family detached residence on a lot, rather than just a single-
family detached residence, from keeping fowl in the backyard of the property.
4. Adds the requirement for a municipality and a county to enact an ordinance that requires an
enclosure in a residential community on a lot less than one acre to be shorter than the fence
line of the property.
House Action Senate Action
LARA 2/5/24 DP 7-2-0-0 NREW 3/14/24 DPA 4-2-1
3
rd
Read 2/26/24 35-21-3-0-1 3
rd
Read 4/2/24 DPA 17-13-0
Prepared by Senate Research
April 2, 2024
RA/KP/slp