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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- H 6108 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC002470 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO AGRICULTURE AND FORESTRY -- RIGHT TO FARM |
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| 16 | 16 | | Introduced By: Representative Joseph J. Solomon |
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| 17 | 17 | | Date Introduced: March 19, 2025 |
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| 18 | 18 | | Referred To: House Environment and Natural Resources |
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| 19 | 19 | | |
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| 20 | 20 | | |
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| 21 | 21 | | It is enacted by the General Assembly as follows: |
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| 22 | 22 | | SECTION 1. Chapter 2-23 of the General Laws entitled "Right to Farm" is hereby amended 1 |
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| 23 | 23 | | by adding thereto the following section: 2 |
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| 24 | 24 | | 2-23-8. Domestic chickens. 3 |
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| 25 | 25 | | (a) The keeping of chicken hens ("hens") pursuant to this section shall be primarily for the 4 |
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| 26 | 26 | | purpose of raising hens and collecting the eggs produced. This section shall not be construed to 5 |
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| 27 | 27 | | allow for the commercial slaughter and sale of any hens for any purpose. 6 |
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| 28 | 28 | | (b) As used herein, "lot" means one or more parcels of land which are contiguous and are 7 |
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| 29 | 29 | | under the same ownership according to the tax assessor's records and which are zoned residential 8 |
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| 30 | 30 | | or are residential as a legal nonconforming use pursuant to the zoning ordinance. 9 |
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| 31 | 31 | | (c) The owner of any dwelling may keep or permit to be kept on the lot containing the 10 |
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| 32 | 32 | | dwelling, one hen per eight hundred square feet (800 sq. ft.) of total lot area, with a maximum of 11 |
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| 33 | 33 | | ten (10) on any lot; provided that, they comply with each and every provision of this section. 12 |
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| 34 | 34 | | (d) The owner of the hen(s) shall be a resident of said dwelling. 13 |
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| 35 | 35 | | (e) No person shall keep any rooster. 14 |
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| 36 | 36 | | (f) The raising of hens shall be restricted to backyards or side yards; and hens shall not be 15 |
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| 37 | 37 | | permitted at any time on the part of the property directly abutting a main road or a street. 16 |
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| 38 | 38 | | (g) No hen house ("coop") shall be built onto any shared fence, and the coop shall not be 17 |
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| 39 | 39 | | more than eight feet (8') in height and a maximum of sixty-four square feet (64 sq. ft.) in area. 18 |
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| 40 | 40 | | (h) The coop and hen run shall not be located closer than twenty feet (20') to any residential 19 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC002470 - Page 2 of 3 |
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| 44 | 44 | | structure on an adjacent property and shall comply with zoning setback requirements of each city 1 |
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| 45 | 45 | | or town. 2 |
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| 46 | 46 | | (i) All hens shall be provided with both a coop and a fenced outdoor enclosure ("run"), 3 |
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| 47 | 47 | | subject to the following provisions: 4 |
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| 48 | 48 | | (1) The coop shall provide the hens with adequate protection from the elements, inclement 5 |
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| 49 | 49 | | weather and provide for the hens' good health and prevent unnecessary or unjustified suffering; 6 |
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| 50 | 50 | | (2) The coop shall be covered, predator resistant, and well ventilated; 7 |
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| 51 | 51 | | (3) All above ground openings in the coop, such as windows and ventilation holes shall be 8 |
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| 52 | 52 | | covered with half inch (1/2") hardware cloth to prevent predator/rodent access; 9 |
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| 53 | 53 | | (4) The coop shall have a floor and be surrounded by half inch (1/2") hardware cloth, buried 10 |
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| 54 | 54 | | at least twelve inches (12") into the ground to prevent unwanted access from below; 11 |
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| 55 | 55 | | (5) The coop shall provide a minimum of two square feet (2 sq. ft.) per chicken; 12 |
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| 56 | 56 | | (6) The coop shall be located upon a permeable surface that prevents waste runoff; 13 |
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| 57 | 57 | | (7) The fencing of the run shall be surrounded on the sides and the top and shall adequately 14 |
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| 58 | 58 | | contain the hen run. 15 |
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| 59 | 59 | | (8) The run shall be kept clean and sanitary at all times and manure shall be composted in 16 |
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| 60 | 60 | | enclosed bins; and 17 |
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| 61 | 61 | | (9) All enclosures shall be so constructed or repaired as to prevent predators or rodents 18 |
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| 62 | 62 | | from being harbored. 19 |
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| 63 | 63 | | (j) All hens shall be fed regularly and the feed shall be stored securely. 20 |
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| 64 | 64 | | (k) All hens shall be confined within the coop from sunset to sunrise. 21 |
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| 65 | 65 | | (l) Notwithstanding the terms of this section, private restrictions on the use of property 22 |
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| 66 | 66 | | shall remain enforceable and take precedence over this section. Private restrictions include, but are 23 |
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| 67 | 67 | | not limited to, deed restrictions, condominium master deed restrictions, neighborhood association 24 |
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| 68 | 68 | | by-laws, and covenant deeds. The interpretation and enforcement of the private restrictions shall 25 |
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| 69 | 69 | | be the sole responsibility of the private parties involved. 26 |
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| 70 | 70 | | (m) Individual cities and towns have the authority to modify, by ordinance, any limits 27 |
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| 71 | 71 | | established by this section. 28 |
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| 72 | 72 | | SECTION 2. This act shall take effect upon passage. 29 |
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| 73 | 73 | | ======== |
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| 74 | 74 | | LC002470 |
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| 75 | 75 | | ======== |
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| 76 | 76 | | |
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| 77 | 77 | | |
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| 78 | 78 | | LC002470 - Page 3 of 3 |
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| 79 | 79 | | EXPLANATION |
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| 80 | 80 | | BY THE LEGISLATIVE COUNCIL |
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| 81 | 81 | | OF |
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| 82 | 82 | | A N A C T |
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| 83 | 83 | | RELATING TO AGRICULTURE AND FORESTRY -- RIGHT TO FARM |
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| 84 | 84 | | *** |
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| 85 | 85 | | This act would allow the possession of chickens ("hens") throughout the state subject to 1 |
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| 86 | 86 | | the provisions of this section, local ordinances and any deed restrictions or neighborhood 2 |
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| 87 | 87 | | association by-laws. 3 |
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| 88 | 88 | | This act would take effect upon passage. 4 |
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| 89 | 89 | | ======== |
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| 90 | 90 | | LC002470 |
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| 91 | 91 | | ======== |
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