Laws/Ordinances about roosters in NY?

Our zoning is RA, and I'm in Ulster co.

I'm not seeing an "RA" zone in the Ulster County Zoning viewer. R-1, R-2, R-3, R-5, R-10, R-30, R-60, A-1, A-2, A-2.5, A-3, A-4, etc.

There's an RAg1 in Marlborough, and an RA1 in Olive.
Marlborough has its own zoning, but in zones RAg1, these are your permitted uses:


R-Ag-1 Rural Agricultural District.
(1)
Purpose. The purpose of this district is to encourage the continuation of agriculture and uses compatible with the soil, topography and location of this district, to preserve important natural and economic resources and to create conditions conducive to rural life and country living on lands within an area primarily dedicated to agriculture.
(2)
Principal permitted uses shall be:
(a)
All agricultural land uses, buildings and activities, including the growing of field, truck and tree crops, dairying, livestock raising, low-density poultry raising and similar agricultural uses.

(b)
Cemeteries.
(c)
Essential services.
(d)
Nurseries and greenhouses.
(e)
Public parks and recreation areas.
(f)
One-family or two-family detached dwellings.
(g)
Water taking, with the following conditions:
[Added 4-8-1996 by L.L. No. 2-1996]
[1]
The water to be taken shall be drawn from a parcel of no less than 10 acres.
[2]
If the water is to be used for human consumption, it must meet all applicable Ulster County Health Department regulations.
(h)
Solar energy system, subdivision use.
[Added 7-10-2017 by L.L. No. 6-2017]

and in definitions,
POULTRY RAISING, LOW-DENSITYA farm, the major occupation of which is the raising of poultry, wherein there is more than one square foot of ground floor area per bird in those structures housing the poultry.

In Olive, this is the zoning.

FARM USEThe use of a parcel of land either as a principal or accessory use for the purpose of producing agricultural, horticultural, floricultural, vegetable and fruit products of the soil, livestock and meats, poultry, eggs, dairy products, nuts, honey, wool and hides. A customary farm occupation shall be the conducting of usual farm activities, and shall include the processing and retail sale, in a farm produce stand, or otherwise on the premises, of the products of only the farm on which such activities and processing are conducted.

and Farm Use is a permitted activity only in areas zoned R/C-10A


Permitted principal uses in Residential/Conservation R/C-10A Districts.
(1)
Single-family dwelling, on individual lots or in accordance with § 155-8 (also see § 155-10);

(2)
Timber harvesting, forestry management, saw mills, sand, gravel, shale and stone quarrying*, farm use, farm produce stands, nurseries and greenhouses, provided that no unenclosed storage of manure, odor- or dust-producing substance or use shall be permitted within 100 feet of any street or residential property line.

(3)
Tourist home, or boardinghouse.

(4)
Day nursery or nursery school.

(5)
Kennel* and the raising, breeding, training, care and boarding of dogs for sale*.

(6)
Private nonprofit membership club*.

(7)
Subject to the rules and regulations of the Public Service Commission of the State of New York, utility transmission lines*, unit substations* and public utility structures*.

(8)
Governmental use*.
 
In either case, if you are in a zone which allows the raising of poultry, its all poultry, not just laying hens. That is, rooster permitted. Toms, too. Whatever you call male geese. Etc...

Okay, that's great. They don't have any legal way to make me get rid of him. Thank you so much for your help!
 
Okay, that's great. They don't have any legal way to make me get rid of him. Thank you so much for your help!
Normally, the law of Nuisance is used to force people to rehome roosters, barking dogs, etc. The problem (for you) with Nuisance law is that its very amorphous and unclearly defined, and worse, that they can bring the claim in front of a Small Claims judge who doesn't need to follow the law at all - its a court of Equity. You may have some protection from your State's "Right to Farm" Act, but as most R2F acts were written to protect commercial operations (not pets), its a case where the larger your operation, the more protection it provides you.

Of course, if the Small Claims Judge has acreage and birds of his own, it doesn't matter how much noise your roo makes. ;)

Most often, complaints about Roos come from people who have recently bought property in the area, and are seeking to (in their mind) protect property values - and it simply can't be the case, when an owner moves into an agriculturally zoned district where poultry operations are permitted, that a neighbor can legitimately complain about a rooster crowing.

It also helps if you began your poultry operations before they bought property in the area.
 
Last edited:
Normally, the law of Nuisance is used to force people to rehome roosters, barking dogs, etc. The problem (for you) with Nuisance law is that its very amorphous and unclearly defined, and worse, that they can bring the claim in front of a Small Claims judge who doesn't need to follow the law at all - its a court of Equity. You may have some protection from your State's "Right to Farm" Act, but as most R2F acts were written to protect commercial operations (not pets), its a case where the larger your operation, the more protection it provides you.

I doubt this issue will go that far, but if it does, my father is actually a lawyer, so that helps a lot. :D This is good to know though.

It also helps if you began your poultry operations before they bought property in the area.

Yes, I have had chickens long before these neighbors came. I started keeping chickens 5 years ago, and they bought the house only a few months ago.
 
That explains it - all too often, people buy into the "country lifestyle" then immediately try and make it conform with city expectations. What they have done is akin to buying into an HOA community and being pissed about what it restricts, only they have bought into rural zoning and are pissed about what it allows! Some people have a hatred for other's freedoms.

I can guess how they vote, with some confidence as to their political affiliation.

and on that note, I'm stepping off. Good luck with the new neighbors!
 
That explains it - all too often, people buy into the "country lifestyle" then immediately try and make it conform with city expectations. What they have done is akin to buying into an HOA community and being pissed about what it restricts, only they have bought into rural zoning and are pissed about what it allows! Some people have a hatred for other's freedoms.

I can guess how they vote, with some confidence as to their political affiliation.

and on that note, I'm stepping off. Good luck with the new neighbors!

Yes, I think that is exactly what has happened here.
Thank you again for all your help!
 

New posts New threads Active threads

Back
Top Bottom