Beginning in August 2024, Missouri passed a significant law that limits HOA restrictions on backyard chickens. Here’s a clear and detailed breakdown you can use—whether you’re planning to raise hens or just curious about the state of poultry regulations in Missouri.
1. State Law Takes Priority Over HOAs
Under the new law (HB 2062 / SB 985)—signed in July 2024 and effective August 28, 2024—Homeowner Associations and similar deed restrictions can no longer outright ban backyard chickens. If you own at least 0.2 acres (2/10ths of an acre), you may keep up to six chickens, and your HOA must allow it. Even single chicken coops intended for up to six birds are protected under this law.
Illustration: You could live in a subdivision with an HOA that previously prohibited chickens, but now, if your property is large enough, they must permit them. :contentReference[oaicite:0]{index=0}
2. HOAs Can Still Set Rules—but Not Bans
While HOAs can’t enforce blanket bans anymore, they may institute reasonable regulations concerning:
- Rooster ownership—many HOAs still restrict roosters due to noise concerns.
- Coop placement and design—e.g. setbacks, coop materials, size, or aesthetics.
- Maintenance—rules about cleanliness, feed storage, or pest control to maintain community standards.
These rules must comply with state and local laws and cannot conflict with the homeowner’s right to have chickens on qualifying properties.
3. City & County Laws Still Apply
The new legislation does not override municipal or county ordinances. If your city prohibits chickens or imposes restrictions (like coop size, setbacks, or hygiene standards), those regulations still apply. The state law only limits HOA control—it does not override local government rules.
4. Why the Law Changed
The change began with a fairly local issue: a lawmaker’s grandchildren wanted chickens but faced pushback from their HOA. The subsequent bill championed private property rights—calling into question HOA overreach when it came to simple, small-scale chicken keeping.
5. Legal Challenges & Opposition
The Community Associations Institute (CAI), particularly its Missouri chapter, opposed the law—arguing that it infringes on contractual agreements defining community standards. The CAI filed a lawsuit against the state, claiming legislative overreach and procedural issues with how the provision was added to a larger omnibus bill. That case is currently pending.
6. User Perspective
In online forums, some homeowners noted the difference between earlier proposals and the final law. One user explained that a 2023 draft permitted six hens per each incremental 0.2-acre lot; the 2024 law simplified it to six hens total if your lot is at least 0.2 acres—not per segment.
Another clarified: the bill doesn’t affect city rules at all—only HOA restrictions.
Quick Summary Table
Authority | What’s Allowed | How It Affects You |
---|---|---|
State Law (HB 2062 / SB 985) | Protects the right to keep up to six chickens (on ≥ 0.2-acre lots) despite HOA bans | Overrules HOAs on chicken ownership for qualifying properties |
HOAs | Cannot ban chickens, but may enforce reasonable rules (like coop placement or no roosters) | Can regulate but not prohibit chicken-keeping |
Cities / Counties | Existing municipal rules still stand (if applicable) | You must still comply with local ordinances even if HOA can’t ban chickens |
Common Questions (FAQs)
How many chickens can I keep?
Up to six, if your lot is at least 0.2 acres—regardless of what HOA documents say.
Can I keep roosters?
Possibly not. HOAs may still prohibit roosters as a reasonable rule—even though total bans are off limits. Cities may also restrict roosters. Always check your HOA and local code.
Do I need to check city rules?
Yes. Missouri’s law doesn’t override local ordinances—only HOA rules. If your city restricts chickens, you still must comply.
What if my HOA doesn’t update its rules?
Old HOA restrictions banning chickens may now be unenforceable on qualifying lots—but it’s wise to request written confirmation from your HOA before building a coop.
Is this law final?
It’s in effect as of August 28, 2024, but legal challenges from HOA groups are underway. Stay tuned for court rulings.
Bottom Line
Missouri’s new law empowers property owners by limiting HOA overreach on backyard chickens—but only if your property is at least 0.2 acres. You can keep up to six hens and your HOA must allow it. Still, city and county regulations, as well as reasonable HOA rules (like those on coop design or roosters), may apply. Confirm your lot size, check local ordinances, and get clear HOA guidance before you start building that coop.