Raising Poultry in Holden
Many people have expressed interest in raising poultry in Holden. Reasons expressed for this desire are varied, but most revolve around a desire to have more control over the food their family consumes. A number of regulations exist which must be complied with for Holden residents to raise poultry on their properties. Most of these regulations are related to zoning and must be satisfied prior to beginning to raise poultry at your residence. The paragraphs below describe four specific situations where raising poultry may be possible. Every resident should fit into one of these categories. Determine which description fits your planned poultry operation and proceed as indicated. Remember though, that any person keeping animals other than typical dogs, cats, and birds as pets, is subject to an annual inspection by the Town’s Health Agent in her role as Animal Inspector. Good luck!!
Large acreage:
Properties five acres or more may be used as “farms” without regard to zoning restrictions. The legal definition of a farm has mostly to do with what crops/products are grown/produced (poultry is one which expressly meets the definition) and the income generated by the “farm” operation. If gross income (NOT profit!) from farm operations of $500 per year, plus $5 per acre can be documented, the residence is considered a farm. Poultry keeping is an acceptable farm operation and can be added to any existing farm. If poultry keeping is the only farm operation, it must generate the $500 plus $5 per acre gross income per year.
A recent change to state laws defining small farms allows two acre parcels as farms if sales from the agriculture products generates $1,000 per acre in gross sales. If this condition is met, the parcel is considered to have all the rights and privileges of larger farms, provided the owner/operator can document $1,000 annual gross sales from the operation.
If you can meet either of the requirements above, you may keep poultry without obtaining permission from any Town authority.
There may be property tax implications (lower!) to being considered a farm as well. Check with the Assessors’ office (508) 210-5516, Rose Scully rscully@holdenma.gov for details and documentation requirements.
On other than agricultural land, zoning regulations dictate what uses are permitted on specific properties. Zoning districts are described at http://www.holdenma.gov/department-of-public-works/pages/chapter-71-section-3-establishment-of-zoning-districts
Allowed uses are outlined in Table 1, Use Regulations which is part of the Holden Zoning regulations. Table 1 may be referenced at:
http://www.holdenma.gov/department-of-public-works/pages/chapter-71-section-5-use-regulations
A summary of each case is below. If the information provided here does not answer your questions, contact the Building Commissioner/Zoning Enforcement Officer, David Lindberg at 508-210-5536 or dlindberg@holdenma.gov.
R-40 zoning.
If you live on a property zoned “R-40”, you can keep poultry without obtaining permission from any Town authority.
R-1 Zoning
If you live on a property in an R-1 zoned district, you may be able to keep poultry, but you will have to obtain a “Special Permit” to do so. Such permits are obtained through the Zoning Board of Appeals. The process involves an application and a public hearing, at which all abutters have the opportunity to voice support or concerns. The process of application and hearing can take up to 90 days and involves some fees. It is described in Town bylaws at:
If you have a good plan to present to the Board and no issues with abutters concerns and only wish a small number of animals, approval of the Special Permit is fairly likely.
R-2, R-10, R-M Zoning
If you live in R-2, R-10, or R-M zoned areas, keeping poultry is generally not permitted. Technically it is possible to apply for a variance, but in order for it to be approved (through a process similar to that described above for R-1 zones) you must be able to demonstrate that denial of the variance would impose a significant financial or other hardship and that approval of the variance would not have any substantial adverse impacts on your neighbors. The standard is high, the process difficult, and positive outcome is not likely.