2025 -- H 6108

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LC002470

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO AGRICULTURE AND FORESTRY -- RIGHT TO FARM

     Introduced By: Representative Joseph J. Solomon

     Date Introduced: March 19, 2025

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 2-23 of the General Laws entitled "Right to Farm" is hereby amended

by adding thereto the following section:

     2-23-8. Domestic chickens.

     (a) The keeping of chicken hens ("hens") pursuant to this section shall be primarily for the

purpose of raising hens and collecting the eggs produced. This section shall not be construed to

allow for the commercial slaughter and sale of any hens for any purpose.

     (b) As used herein, "lot" means one or more parcels of land which are contiguous and are

under the same ownership according to the tax assessor's records and which are zoned residential

or are residential as a legal nonconforming use pursuant to the zoning ordinance.

     (c) The owner of any dwelling may keep or permit to be kept on the lot containing the

dwelling, one hen per eight hundred square feet (800 sq. ft.) of total lot area, with a maximum of

ten (10) on any lot; provided that, they comply with each and every provision of this section.

     (d) The owner of the hen(s) shall be a resident of said dwelling.

     (e) No person shall keep any rooster.

     (f) The raising of hens shall be restricted to backyards or side yards; and hens shall not be

permitted at any time on the part of the property directly abutting a main road or a street.

     (g) No hen house ("coop") shall be built onto any shared fence, and the coop shall not be

more than eight feet (8') in height and a maximum of sixty-four square feet (64 sq. ft.) in area.

     (h) The coop and hen run shall not be located closer than twenty feet (20') to any residential

structure on an adjacent property and shall comply with zoning setback requirements of each city

or town.

     (i) All hens shall be provided with both a coop and a fenced outdoor enclosure ("run"),

subject to the following provisions:

     (1) The coop shall provide the hens with adequate protection from the elements, inclement

weather and provide for the hens' good health and prevent unnecessary or unjustified suffering;

     (2) The coop shall be covered, predator resistant, and well ventilated;

     (3) All above ground openings in the coop, such as windows and ventilation holes shall be

covered with half inch (1/2") hardware cloth to prevent predator/rodent access;

     (4) The coop shall have a floor and be surrounded by half inch (1/2") hardware cloth, buried

at least twelve inches (12") into the ground to prevent unwanted access from below;

     (5) The coop shall provide a minimum of two square feet (2 sq. ft.) per chicken;

     (6) The coop shall be located upon a permeable surface that prevents waste runoff;

     (7) The fencing of the run shall be surrounded on the sides and the top and shall adequately

contain the hen run.

     (8) The run shall be kept clean and sanitary at all times and manure shall be composted in

enclosed bins; and

     (9) All enclosures shall be so constructed or repaired as to prevent predators or rodents

from being harbored.

     (j) All hens shall be fed regularly and the feed shall be stored securely.

     (k) All hens shall be confined within the coop from sunset to sunrise.

     (l) Notwithstanding the terms of this section, private restrictions on the use of property

shall remain enforceable and take precedence over this section. Private restrictions include, but are

not limited to, deed restrictions, condominium master deed restrictions, neighborhood association

by-laws, and covenant deeds. The interpretation and enforcement of the private restrictions shall

be the sole responsibility of the private parties involved.

     (m) Individual cities and towns have the authority to modify, by ordinance, any limits

established by this section.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO AGRICULTURE AND FORESTRY -- RIGHT TO FARM

***

     This act would allow the possession of chickens ("hens") throughout the state subject to

the provisions of this section, local ordinances and any deed restrictions or neighborhood

association by-laws.

     This act would take effect upon passage.

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LC002470

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