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The Town of Burgaw has officially amended the ordinance to permit backyard poultry in residential zones. We are currently finalizing the permit paperwork to ensure our flock remains in full compliance with the new language. Thank you for maintaining the pressure that forced this regulatory review.

August 23, 2021

Chickens of Burgaw NC

Chickens of Burgaw NC

🏆 Won — 128 supporters Verified

Final supporters

G
Grace W.
J
Jennifer A.
K
Kana B.
A
April R.
E
Edward E.
K
Kathy R.
S
Sandra B.
M
Mark R.
C
Christina R.
N
Nolan j.
+118 more
TL
Started by Tulani Lyon 5 years, 5 months ago

Our family recently moved to Burgaw, NC. We have a small backyard flock of chickens and planted a garden, mainly to assist with the education of our three young children. We believe it is beneficial to them to learn about where their food comes from and they love the chickens and collecting their eggs for breakfast each day.

Our neighbors on both sides are long time Burgaw residents and expressed their happiness at having the chickens next door.

We have recently received a citation from the town of Burgaw claiming that our chickens violate code due to being "agricultural use" in a residential zone. "Agricultural use" is only permitted in the "Residential Agricultural" zone of the town.

The sole section cited by the planning director in her letter is the definition of agriculture per the Town of Burgaw Unified Development Ordinance. That definition is found in section 6-2 and reads as follows:

"Agricultural—Livestock: The use of land for dairying, pasturage, animal and poultry husbandry, and the necessary accessory uses. Intensive livestock operations as defined by this ordinance are excluded.

Agricultural—Other Than Livestock: The use of land for the production of cash grains, field crops, vegetables, fruits and nuts, and for horticulture and floriculture."

We believe that it would be impractical to extrapolate the prohibition of backyard poultry from the definition provided, as it would be to use it to prohibit backyard gardening or fruit trees.

Meanwhile the only reference to "fowl" in the Burgaw Code of Ordinances is where it states

"Sec. 4-1. - Running at large.

No person owning or having control of any animal or fowl shall permit it to run at large within the corporate limits."

We plan to appeal the planning director's interpretation, and ask those Burgaw residents who agree that this is an error on the part of the planning department to sign in support.

Thank you!

Updates

May 26, 2021

I have submitted a formal request for a variance hearing with the town planning board to address the classification of residential poultry. My legal counsel is currently reviewing the town ordinances to prepare our testimony regarding accessory land use.

May 26, 2021

The volume of support for this petition has gained the attention of the local town council. I am currently coordinating a time to present these signatures at the next public planning meeting to formally request an amendment to the residential codes.

Reached 100 supporters

May 26, 2021

25 Comments

T
Tammy Hanson
5 years ago Featured

Even urban areas and town like Carolina Beach allow backyard chickens with limitation. Come on Burgaw you are in the middle of a rural area update this outdated rule.

C
Calmeese howard
5 years ago Featured

People pay tooo much money in mortgages for the city to tell what they can and can not have in there back yards

J
Jennifer Carter
5 years ago Featured

Backyard chickens used to be a suggestion of the govt for each family to raise and help sustain. Granted, we've come a long way since WWII but self-sufficiency and sustenance is still thriving and should be allowed for everyone.

H
Hannah Rouse
5 years ago Featured

Why would Burgaw, a town with multiple feed/tack/hardware stores to cater to their citizens, in a rural area where farming is not only big business, but a huge part of the community, not allow someone to keep a few hens for eggs? Self sufficiency is so important - we've seen how hard it can be when storms come through, when supply chains are interrupted...families need to feel food secure. Please allow backyard hens.

C
Catherine Figgs
5 years ago Featured

I raise chickens . It is to help feed my family. Also chickens are quieter than dogs.

T
TJ Dineen
5 years ago Featured

To prevent citizens from providing for their own family via a backyard flock is a government overreach.

G
Grace Wadford
4 years ago

Allow chickens in Burgaw!

J
Jennifer Andrew's
5 years ago

There is no law that says you cant have live stock in burgaw.