Salem Lays an Egg on Keeping Hens

So we were talking about keeping chickens as part of a scheme for implementing the "Food Not Lawns" ideal (Victory Gardening for The New Reality). Someone thought you could keep hens but not roosters, someone else thought you couldn't keep either. It all led to an inquiry to the powers that be, who replied:

From: "Brady Rogers"

My name is Brady Rogers. I am the Compliance Services Administrator for the City of Salem. The brief answer to your question is no chickens are allowed to be kept within Salem City Limits, unless your residence is in an "RA" zone (Residential Agriculture).

From your e-mail it appears you have been reading the Salem Revised Code online. If you consult SRC Chapter 145 and look for the heading "Permitted Uses," you will find a list of land use activities that are legal, and need no special permissions or permits. SRC 145.020(3) allows for the raising of chickens in the RA zone. There are no other zones in Salem that allow for raising chickens at all. If you check the other Residential Zone chapters, you will find that no where else is the raising of foul permitted. [Oh, fowl bawl I say, fowl bawl! We might want to raise a metaphorical stink about this short-sighted policy, but not to raise anything foul.]

It is most probable that your home is not in the RA zone, as not much of this land is left. I could only tell you for certain what zone you are in if I had your exact address. If you would like, you can e-mail me your address and I can give you a 100% answer.

Thanks,
Brady

Brady Rogers
Compliance Services Division
(503) 588-6421 x7408

To which our intrepid correspondent replied:

Hi Brady. My immediate response, or course, is to go looking for the loopholes. I don't want to "raise" chickens. I just want to have a couple of hens as part of my organic, integrated pest management system. They would be bug-eating pets rather than livestock.

I, too, suspect I am not in an RA zone . . . .

Thanks for the SRC citation. I will not be surprised to see future discussions between citizens and City Council on this and other codes that restrict raising food (in my case, a few eggs produced by my pest manager pets) on our little piece of the city. As our gas supply disappears and our nation can no longer afford to import cheap food from around the world, we are all going to be looking for ways to feed our families. [emphasis added]

Thanks again for the quick response.

To which our power-that-be responded:

Based on the address you provided, officially your property is zoned RS and subject to the permitted uses listed in SRC Chapter 146. I'm afraid that does not include raising or keeping chickens for any purpose. This issue of chickens as pets has come up several times in recent years, and each time courts have ruled in the city's favor.

As it turns out, the Salem Zone Code is presently entering a re-write process that will take the next couple of years. It is possible that chickens may be addressed for such a limited use. You have plenty of time to submit your comments and recommendations to city staff. The Planning Division will be working on the re- write.

Thank you for your understanding, and feel free to contact me if you have any further questions.
Thanks,
Brady

Brady Rogers
Compliance Services Division
(503) 588-6421 x7408

Of course, calling chickens kept as part of a permaculture scheme "pets" is inaccurate and misleading. Chickens consume pests, condition soil, and produce rich fertilizer. In addition, their diets, which include lots of table scraps, helps reduce waste streams headed for landfills. In other words, they promote soil fertility, reduce exposure to pests, and--not least of all--produce nutritious eggs in abundance, which will be an important factor for many of us.

It's interesting that Salem won't allow laying hens but already permits a for-profit corporation to operate a helicopter school within the city, a city that is also serenaded nightly by the lonesome wail (or pierced by the sleep-shattering shriek, depending on your proximity to them) of nightly freight trains. Could the city's refusal to permit laying hens even pass the rational basis test? (Or is it true what they say about Salem --- one rule for corporations, another one for mere mortals?)

Update:

The person from planning who is gathering citizen inquiries into the re-write process is Bryce Bishop (503) 588-6173. The process hasn't started yet, but I believe he is gathering the contact information from people who wish to be notified of public meetings and hearings. There will be opportunities to raise issues and speak.
Thanks,
Brady