TOWNSHIP OF NORTH DUMFRIES DISCUSSION PAPER BACKYARD HENS Prepared By: Planning Division, Development Services Department Township of North Dumfries April 2018
TABLE OF CONTENTS 1. INTRODUCTION... 3 2. REGULATORY TOOLS... 4 3. EXISTING BY LAWS IN THE TOWNSHIP OF NORTH DUMFRIES... 4 4. PLANNING POLICY... 5 4.1 Planning Act... 5 4.2 Growth Plan for the Greater Golden Horseshoe... 5 4.4 Region of Waterloo... 6 4.5 Township of North Dumfries Official Plan... 8 5. AGENCY CONSULTATION... 9 6. REVIEW OF OTHER MUNICIPALITIES... 9 7. BENEFITS OF BACKYARD HENS... 13 8. POTENTIAL ISSUES OF BACKYARD HENS... 13 9. OPTIONS AND ANALYSIS... 15 9.1 Option 1 Do Nothing... 15 9.2 Option 2 Pilot Program... 15 9.3 Option 3 Update Zoning By law and Create an Urban Hens By law... 17 10. CONSULTATION AND REVIEW PROCESS... 17 Appendix 1: Region of Waterloo: Public Health Perspective on Small Scale Urban Chicken Raising Appendix 2: OMAFRA: Urban Agriculture Livestock and Poultry Appendix 3: OMAFRA: Biosecurity Recommendations for Small Flock Poultry Owners Page 2
1. INTRODUCTION Urban agriculture, urban farming, or urban gardening is the practice of cultivating, processing, and distributing food in or around a village, town, or city. Urban agriculture can also involve animal husbandry, aquaculture, agroforestry, urban beekeeping, and horticulture. There is an increasing concern about access to fresh and healthy food products in society and the desire of individuals to have more control over what they consume. There is a growing trend of residents in urban areas requesting to raise their own livestock and food products. Backyard hens are the most common type of animal husbandry being requested in urban areas. The Township of North Dumfries is initiating a community consultation process, as a first step in determining if backyard hens should be permitted in urban areas. The purpose of this discussion paper is to present information for the purposes of review and to generate feedback from the community, local stakeholders and government agencies on backyard hens. This paper provides background information including an overview of existing by-laws; planning policy; community benefits; potential issues; agency consultation; how other municipalities have addressed this issue; options to be considered including do nothing, a pilot program on larger lots, or implementing changes to Township by-laws; and criteria that could be considered to regulate this land use if permitted. Page 3
2. REGULATORY TOOLS There are two separate and distinct documents that are available to the Township to regulate backyard hens: 1) A By-law adopted under the authority of the Planning Act, which allows municipalities to regulate the use of land under the provisions of Section 34 of the Act (zoning). A zoning by-law can be used to provide regulations on matters such as setbacks and the size of a chicken coop. 2) A By-law adopted under the authority of the Municipal Act, which allows municipalities to regulate the keeping of animals. Regulations can be passed to permit the keeping of hens, subject to criteria such as the location and size of the coop, the number of hens, maintenance, and the storage of manure. A municipality could require a permit for backyard hens to allow for tracking, inspections, and to help offset the cost of enforcement. The approach to regulating backyard hens varies with some municipalities addressing backyard hens solely through a by-law passed under the Municipal Act, with other municipalities using both the zoning by-law and a by-law passed under the Municipal Act. Several municipalities have launched pilot programs by amending or developing a new by-law (e.g. animal control, backyard hens) under the Municipal Act. 3. EXISTING BY-LAWS IN THE TOWNSHIP OF NORTH DUMFRIES Township of North Dumfries Animal Control By-law In August 1984, By-law Number 762-84 was approved under the authority of the Municipal Act to prohibit the keeping of certain animals. The by-law only refers to exotic animals such as venomous reptiles, alligators, and mammals (e.g. lions, bears). The bylaw does not cover the topic of livestock. Township of North Dumfries Zoning By-law The Zoning By-law only permits the housing, breeding, or raising of livestock of any kind within Zone 1 on lots that are greater than 4 hectares (10 acres) in size. Page 4
4. PLANNING POLICY 4.1 Planning Act The Planning Act allows a municipality to pass zoning by-laws restricting the use of land. Zoning by-law amendments can be applied for, for uses that are prohibited in a zoning by-law. 4.2 Growth Plan for the Greater Golden Horseshoe The 2017 Growth Plan encourages compact communities with higher densities, in which development is to be directed to settlement areas and agricultural lands are to be protected for agricultural uses. General policies are provided on urban agricultural, such as achieving complete communities by expanding access to healthy, local food options including urban agriculture. Municipalities are encouraged to implement regional agri-food strategies and other approaches to sustain and enhance the agricultural system and the long-term economic prosperity and viability of the agri-food sector, including the maintenance and improvement of the agri-food network by: Providing opportunities to support access to healthy, local, and affordable food, urban and near-urban agriculture, food system planning and promoting the sustainability of agricultural, agri-food, and agri-product businesses while protecting agricultural resources and minimizing land use conflicts Urban agriculture is not defined, and details have not been provided on how to minimize land use conflicts. 4.3 Ministry of Agriculture, Food and Rural Affairs Minimum Distance Separation Minimum Distance Separation (MDS) is a Provincial requirement intended to reduce land use conflicts related to odour complaints between agricultural uses and new development. Direction is provided in the MDS Document Publication 853, produced by the Ministry of Agriculture, Food and Rural Affairs (OMAFRA). MDS does not apply to livestock facilities occupying an area of less than 10 m 2. Specific direction is also provided on settlement areas, in which MDS setbacks are not required where municipalities permit urban agriculture, as MDS was not designed to be applied to an urban setting. However, it is noted that since other issues could arise when raising Page 5
livestock in settlement areas, that municipalities may choose to establish local approaches governing urban agriculture. Guidelines OMAFRA has several guidelines and resources on their website related to urban agriculture. Appendix 2 provides information on Urban Agriculture for Livestock and Poultry, while Appendix 3, contains information on Biosecurity Recommendations for Small Flock Poultry Owners. The information provided from OMAFRA states that municipalities should consider the following issues prior to developing by-laws on permitting urban hens: Animal Health Public Health Animal Care Predators Food Safety Biosecurity measures recommended include: Restricting visitors and ensuring proper hygiene Preventing contact with wild birds Practicing proper rodent control Ensuring outside diseases are not introduced to the hens Recognizing and reporting any illness The above-noted issues are discussed in more detail throughout this Report. 4.4 Region of Waterloo Region of Waterloo Official Plan Similar to the PPS, the Regional Official Plan has policies that encourage residents to have access to locally grown and other healthy foods in neighbourhoods. Section 3.F contains policies on developing a Regional food system, which focuses on protecting lands in the Countryside for agriculture. Policies specific to agriculture in urban centres relate to community and rooftop gardens. The Regional Official Plan does not address backyard hens in urban areas. Page 6
Region of Waterloo Public Health Perspective The Public Health Unit completed a document on Public Health Perspective on Small Scale Urban Chicken Raising which has been provided in Appendix 1. The Report states that there are risks from zoonotic and foodborne diseases such as avian flu, salmonella and listeria. Backyard hens can be infected through contact with livestock, waterfowl, and wild/domestic animals and may not show symptoms of diseases. Additional concerns may stem from: Improper disposal of dead birds Improper management of feces, litter disposal and general backyard operations Improper food safety, egg handling, or home slaughtering techniques Possible neighbour nuisances such as odour and noise Biosecurity of other flocks, transmissions of diseases between commercial and other bird operations These risks can be significantly reduced with proper biosecurity measures. The report includes recommendations from the Canadian Food Inspection Agency such as routine sanitation and preventing other birds or wildlife from coming into contact with the hens. After a review of health risks, peer-reviewed literature and experiences from other health units on backyard urban chicken farming, Public Health determined that the raising of chickens in urban areas contributes to enhanced urban agriculture and increased food security. While there are risks to backyard chickens, it was concluded that these risks can be minimized. The following measures are recommended should a municipality decide to permit this use: That local by-law enforcement officers be trained to enforce and respond to complaints That an education campaign be implemented so that households are aware of the risks and how to mitigate potential health risks That a licensing process be considered to assist in regulating, tracking, and enforcing this activity That the following terms, like the City of Niagara Falls be applied: o Define chicken or poultry o Do not permit roosters Page 7
o Define specific locations where chickens may be permitted o Do not permit more than a dozen hens o Chickens coops must meet the following criteria: Located in the rear yard Fully enclose the chickens to prevent them from escaping or being at large Design to ensure proper ventilation and sufficient space for the chickens and maintain in accordance with good animal husbandry practices Construct coop to keep all other animals out Locate at least 7.6 m (25 ft) from the rear lot line and 4.5 m (15 ft) from any side lot line o All dead chickens to be disposed of immediately and in any event, within 24 hours, conforming to local or municipal guidelines o Hygienic storage and prompt removal of chicken feces o Only permit on single detached lots with a minimum width of 12 m (40 ft) and a lot depth of 30 m (100 ft) 4.5 Township of North Dumfries Official Plan Similar to the Regional Official Plan, the Township Official Plan encourages residents access to locally grown and other healthy foods in neighbourhoods. The Township is to encourage development that is compatible with the location, density and other characteristics of surrounding land uses. Factors that will be used to assess compatibility include, but are not limited to: The density, scale, height, massing, visual impact, building materials and architectural character of surrounding buildings and the proposed development; The continued visibility and viability of adjacent land uses; Landscaping, setbacks, and buffering; and Noise, dust, emissions or odour generated by surrounding land uses as well as the proposed development. Page 8
The Township must prevent or minimize potential adverse effects from odour, noise, and other contaminants, and risks to public health and safety due to potentially incompatible uses on one another. 5. AGENCY CONSULTATION The Township conducted early consultation with the Waterloo Region District School Board, the Waterloo Catholic District School Board, and the Region of Waterloo to determine any criteria regarding regulating backyard hens. Both the Waterloo Region District School Board and Waterloo Catholic District School Board advised that they do not have any standards or minimum criteria regarding this land use. As discussed above, Tte Region of Waterloo provided information from their Public Health Unit. 6. REVIEW OF OTHER MUNICIPALITIES A summary of by-laws on backyard chickens, from a sampling of other municipalities, is outlined in the table below. BY-LAWS RELATED TO BACKYARD CHICKENS Examples of Municipalities Not Permitting Urban Livestock City of Waterloo Chickens are prohibited unless zoned for agricultural Property owners that had chickens before enactment of the Animal Control By-law in 2009 may keep chickens (grandfathering) Township of Chickens are prohibited unless zoned for agricultural Woolwich No other livestock is permitted in settlement areas Township of Wilmot Chickens are prohibited in settlement areas Puslinch Township Chickens are only permitted in agricultural zones Town of Erin In 2012, the Town of Erin assessed whether to allow chickens and pigeons in urban areas Chickens are only permitted in agricultural zones City of Hamilton Chickens are restricted to agricultural lands Township of Guelph Eramosa The keeping or raising of chickens on any residential lot is prohibited City of Cambridge Under Review City of Cambridge The City of Cambridge initiated a public process to consider allowing backyard hens. Options being considered: o Status quo where hens are only allowed in rural residential or agricultural areas Page 9
o Permit hens, in which a permit/fee and an initial inspection are not required. Only investigate when there is a complaint o Permit hens, requiring a permit/fee, plus one-time inspection. Criteria proposed if permitted in urban residential areas to include: o Minimum lot of 500 m 2 (5,382 sq ft) o Chicken coop must have proper ventilation, sufficient space, and be protected from other animals o 3 m (9.8 ft) setback from property line (based on existing by-law setbacks) o Maximum of four hens o Only permitted in the rear yard o No roosters, home slaughter, or sale of eggs o Property must be fenced o No nuisance including noise and odour o Food supply to be protect from pests and other animals Considering updates to both animal control and zoning by-laws Pilot Programs City of Newmarket Pilot program regulated through animal control Bb-law in February 2016 to allow on residential properties in Ward 2 After a 12-month pilot project, chickens were removed from the prohibited animals list Registration is required Maximum three hens per lot, must be kept in coop at night Minimum hen enclosure of 1 m 2 (10 ft 2 ) 1.2 m (3.9 ft) from rear and side lot lines Require consent of adjacent land owners City of Toronto Toronto launched an UrbanHensTO pilot project from March 2018 to March 2021 to allow residents to have urban hens in four wards. Regulatory tool used is the animal control by-law Registration is required Criteria o Maximum of four hens; minimum age of four months o Eggs produced for personal consumption only o Coop cannot be more than 2 m (6 ft) high and a maximum of 9.2 m 2 (100 sq ft) o Each hen must have at least 0.37 m 2 (4 sq ft) of coop floor area and at least 0.92 m 2 (10 sq ft) of roofed outdoor enclosure o The coop must include a perch for each hen that is at least 20 cm (8 in) long; and nest box(es) of a size suitable for the number of hens o Coop must have a roof and doors that are locked at night Page 10
o Must be in rear yard at least 3 m (9.8 ft) from windows on another property; and at least 1 m (3.3 ft) from the lot line o Hens cannot run at large o Residents must provide weather-proofed and insulated enclosure with air temperature suitable for health of hens Examples of Municipalities Permitting Urban Livestock City of Guelph Regulated through poultry by-law Registration is required Pens must be at least 15 m (50 ft) from any school, church, or residential building City of Kitchener Regulated through an Urban Chicken By-law Maximum four hens per residential lot including singe detached, semi-detached and townhomes Setback of 2.5 m (8.2 ft) from side lot line and 1.5 m (4.9 ft) from Registration is required Hens must be banded City of Quinte West Regulated through zoning by-law and animal control by-law Maximum four hens per lot, roosters not permitted Registration required, renewal required every year Single detached lots only with a lot size of at least 0.4 hectares (one acre) 3 m (9.8 ft) from a side lot line and from abutting dwellings, 1.2 m (3.9 ft) from a rear lot line 7.5 m (24 ft) from any church of school City of Kingston Maximum 6 hens per lot, roosters not permitted Registration required, renewal required every year Setback of 15 m (49 ft) from schools and 7.5 m (24 ft) from any church or business 3 m (9.8 ft) setback from all windows and doors of dwellings located on an abutting property Must be in the rear yard with a 1.2 m (3.9 ft) setback Town of Minto Passed a policy on keeping backyard hens Must receive approval from Council for exemption to By-law 02-80 (exotic animals) No more than five hens Must be in rear yard Coop cannot be closer than 10 m (33 ft) from any part of a church or residence building, and at least 3 m (10 ft) from any interior or rear lot line Registration required, renewal required every year Niagara Falls Minimum lot frontage 12 m (40 ft) and lot depth of 30.5 m (100 ft) Setback of 7.6 m (25 ft) from the rear lot line and 4.5 m (15 ft) from any side lot line Page 11
No more than 10 hens The following is a summary of provisions relating to urban hens: Roosters: Not permitted Minimum Age of Hens: 4 months to ensure a hen is not a rooster Number of Hens: Ranges from 3 to 10 per property Adjacent Land Owners: Ranges from requiring consent to only having to provide notice Overnight Hours (kept in coop): Ranges from enclosing at all times to only enclosing at night (9 pm to 6 am) Lot Sizes: In most cases a minimum lot size is not specified. The City of Quinte West requires a minimum lot size of at least 0.4 hectares (one acre) Setbacks: A wide variety of setbacks have been applied: o Pens must be at least 7.5 m (24 ft) to 15 m (50 ft) from any school, church, business, or residential building o Rear Lot and Side Yard Lot Setbacks (other than above): 1.2 m (3.9 ft) to 7.6 m (25 ft) o Maximum Height: 2 m (6.5 ft) to 4.5 m (14.8 ft) Home Slaughter: Prohibited and deceased hens shall be disposed of at a livestock disposal facility, veterinarian clinic, or an animal shelter Sale of Eggs: Prohibited Yearly Licence: Most municipalities require registration and renewal on an annual basis Clean Conditions: Hen coops must be kept in a clean condition and free of obnoxious odours, substances and vermin Manure Storage: Shall be in an enclosed structure such as a compost bin, no more than three cubic feet shall be stored at any one time Banding Hens: Some municipalities require banding Page 12
Where backyard hens are permitted there are many common elements including requiring registration, biosecurity measures, and prohibiting roosters. The lot size and setbacks vary greatly throughout the province. 7. BENEFITS OF BACKYARD HENS The following is a summary of potential benefits from permitting backyard hens: Access to nutritious, fresh, safe, and ethically raised food Provides for access to culturally acceptable and nutritionally adequate food Improved social and emotional well-being of those raising livestock Organic fertilizer for gardens Pest control of bugs such as flies, slugs, ticks and grasshoppers Cut down on food waste, by providing kitchen leftovers to hens Teach children about where their food comes from, agriculture, and the responsibility of caring for animals 8. POTENTIAL ISSUES OF BACKYARD HENS The following is a summary of potential issues that could arise from permitting backyard hens: Staff for Attending to Complaints, Staff Training, Enforcement and Public Education: There will likely be residents that are not supportive of hens that will complain to the Township. Staff will be needed to log and respond to complaints. Enforcement by qualified individuals would be needed to respond to concerns. Detailed knowledge on legislation and regulations such as on livestock care, biosecurity measures, disposal, and selling of eggs would be required. Township Staff will also need to educate the public and respond to inquiries on how to mitigate health risks. A yearly licensing fee could be introduced to help cover these costs. Public Health: Livestock and poultry can be sources of disease such as salmonella and the avian flu. Children, adults over 65, and people with weakened Page 13
immune systems have a greater chance of illness from handling live poultry or anything in the area where they live and roam. Live poultry might have germs in their droppings and on their bodies even if they appear healthy. The germs can get on coops, feed and water dishes, plants and soil in the area where the birds roam. Germs can also get on the hands, shoes, and clothing of people who handle or care for the birds. Wild birds can be infected with bird flu viruses and bird flu viruses can easily spread between birds. Biosecurity measures can be used to prevent the movement of disease-causing agents. Examples of biosecurity measures include washing hands, avoid touching chickens and then your mouth/eyes/ears, keeping chickens outside, safely cleaning cages and food containers, and setting aside a pair of outside shoes. While biosecurity may help reduce risks, it may be difficult to get young children to follow biosecurity measures. Impact on Area Agricultural Operations: Hendrix Genetics is a multi-species animal breeding, genetics and technology company that breeds turkeys, layers, guinea fowl, swine, salmon and trout. They have two locations in North Dumfries. To minimize public health issues associated with livestock, they have policies in place to mitigate transmission of diseases. For example, if an employee comes in contact with another bird (e.g. chicken in Ayr because of urban agriculture), there is a 72-hour period before they can return to work. As such, if an employee who lives in Ayr encounters a backyard hen it could affect their livelihood. Animal Health: These animals require health management and veterinary care. Basic hygiene is pertinent when caring for animals. Livestock also need proper shelter, food, water and adequate space to stay healthy. This includes care and a landowner devoted to taking care of hens and a coop during cold winter months. The animals must be taken care of while on vacation. Manure Disposal: Manure must be disposed of in a safe and environmentally responsible manner. For example, by preventing manure from entering the sewer system after a heavy rainfall. Sale of Livestock: Potential sale of livestock for profit. There are several federal and provincial regulations regarding the sale of livestock, such as ungraded eggs. Predators: Attraction of predators and pests such as racoons, flies, stray dogs, coyotes, foxes, rodents and neighbourhood pets. Page 14
Diminishing Production and Disposal of Animals: Hens start laying eggs after about five months, however production slows at the age of two, providing a short span in which hens produce eggs. Backyard hen owners may be reluctant to keep non-productive hens and may not be comfortable slaughtering the hen, leading to hens being abandoned. This issue could lead to illegal slaughter and there could be a lack of local slaughter house locations, or alternatively, the next stage of life in terms of long term care and stewardship will need to be pursued by the Owner. 9. OPTIONS AND ANALYSIS Outlined below, are three potential options for considering backyard hens: The options outlined below may change as a result of public consultation. 9.1 Option 1 - Do Nothing Township by-laws remain the same whereby hens are only permitted in agricultural areas in Zone 1 with a lot size of 4 hectares (10 acres) or more. 9.2 Option 2 Pilot Program Initiate an 18-month pilot program on larger lots through a new Urban Hens By-law under the Municipal Act. After 18 months, the program could be reviewed, and the Township could decide whether backyard hens are an appropriate use in urban areas. If the Township determines that backyard hens are appropriate, they could determine if the pilot program should be expanded to include smaller lots or initiate a process to formally update the zoning by-law. Proposed Lot Sizes (to be considered on single-detached lots): Option 2 a: Minimum lot size of 0.2 hectares / 0.5 acres (2,000m 2 ) with a minimum frontage of 18 m (60 ft). This would typically consist of lots in rural settlements areas; few lots in Ayr would meet this lot size. Option 2b: Minimum lot size of 0.1 hectares / 0.24 acres (1,000m 2 ) with a minimum frontage of 18 m (60 ft). This would typically consist of lots in rural settlement areas as well as larger lots in Ayr. Page 15
Proposed Minimum Requirements: Local by-law enforcement officers must be trained to enforce and respond to complaints Implementation of an education campaign so that households are aware of how to mitigate potential health risks A municipal permit and initial inspection to assist in regulating, tracking, and enforcing this activity through the municipality That the following provisions be incorporated into a by-law: o Only permit hens (do not permit roosters) o Limit of four hens per property o Hens must be at least four months old o Hens must be for egg production and not intended to be eaten as livestock. Eggs must be for personal consumption only with the sale of eggs prohibited o Coop must be at least 7.6 m (25 ft) from the rear lot line and 4.5 m (15 ft) from any side lot line o Property must be fenced o Hens must remain enclosed in the coop and run at all times o Coops and runs must meet the following criteria: Located in the rear yard Fully enclose hens to prevent escaping or being at large. Construct coop to keep all other animals, pets, wildlife, and vermin out Coop must have a roof and doors that are locked at night Coop must have proper ventilation, be weather-proofed and insulated with an air temperature suitable for the hens. Floor must be resistant to moisture and mould Line coop floor with shavings, straw, or other appropriate materials to absorb manure and facilitate cleaning Provide each hen with at least 0.37 m 2 (4 sq ft) of coop floor area and at least 0.92 m 2 (10 sq ft) of roofed outdoor enclosure Specify a maximum size of 10 m 2 (108 sq ft) Coop must have a perch for each hen that is at least 20 cm (8 in) long Nest box(es) and an accessible dust bath area must be provided Page 16
To be maintained in a clean condition to ensure that smells do not cause a nuisance to any residents Maximum height of 2 m (6.6 ft) and a maximum floor area of 9.2 m 2 (100 sq ft) o All dead chickens must be disposed of immediately and in any event, within 24 hours, at a livestock disposal facility, through services of a veterinarian, or through a facility approved by the Ministry of Agriculture. Must be disposed of in accordance with laws. No slaughtering or butchering of hens is permitted on the property. o Hygienic storage and daily removal of feces to be disposed of as compost or in green bin 9.3 Option 3 Update Zoning By-law and Create an Urban Hens By-law While not recommended prior to undertaking a pilot program, a third option could be to initiate a formal planning process under the Planning Act to update the Township s Zoning By-law to permit hens in urban areas. 10. CONSULTATION AND REVIEW PROCESS The intent of this Discussion Paper is to initiate a discussion on whether backyard hens should be permitted in urban areas and if so under what conditions they should be allowed. A key part of this process will involve consulting with the public by: Hosting at least one Public Open House Creating a Survey to obtain Public Input Reaching out to the public through the Ayr News and the use of social media such as Facebook, twitter, and the Township Website Once public feedback is generated on the topic of urban hens, the Township Planning Department will prepare a Recommendation Report for Council. Page 17