Petition to Reject the Merrimack, NH Chicken Ordinance.
Reject the Merrimack, NH Chicken Ordinance — Protect Our Town’s Agricultural Roots and Residents.
We, the residents of Merrimack, New Hampshire, urge the Town Council to reject the proposed chicken ordinance.
Merrimack has a long, proud history of small-scale agriculture. Backyard hens have been part of this community for generations—long before large developments and restrictive proposals. Chickens are not only a tradition here; they are a practical and sustainable way for families to provide food, supplement income, and stay connected to the land.
This ordinance, introduced by a former council member, in regards to his own individual dispute, rather than in response to widespread resident concerns, creates unnecessary restrictions that would burden responsible owners and harm those who rely on fresh eggs to reduce grocery costs or support limited household budgets.
This ordinance does not reflect Merrimack’s values, history, or the needs of its residents.
We ask the Town Council to:
• Reject the proposed chicken ordinance
• Respect our agricultural heritage
• Protect low-income and food-insecure families who depend on backyard hens
• Engage residents in transparent, community-first decision making
Sign this petition to tell the Merrimack Town Council:
Vote NO on the chicken ordinance.
________________________________________
See the proposed ordinance as posted on Town Council page, https://www.merrimacknh.gov/town-council , up to date as of 11/19/25:
Chapter 117, Backyard Poultry (Chickens & Roosters)
A. B. C. D. Purpose. It is the intent of this section to allow for the keeping of domestic female chickens on a lot for the sole use and enjoyment of the residents of the lot on which such chickens are kept, while at the same time preserving the quality of life of the surrounding neighborhood by not allowing chickens to be kept in a number or in a manner that could create a nuisance. Keeping fewer than 10 chickens, defined as livestock is an accessory use to a residence subject to the following standards:
(1) The activity is not carried out as a business;
(2) No roosters or crowing chickens are allowed and the number of chickens is limited to fewer than 10 on lots designated as R-1, R-2, R-3 or R-4 (Residential), whether by map, or by soils unless there is 1 ½ or more Acres.
(3) No roosters, crowning chickens or chickens are permitted in the I-1, I- 2, I-3 (Industrial) or C-1 and C-2 (Commercial) Districts.
(4) No area or structure for the housing of animals, storage of manure/animal waste, or feeding of animals shall be located within 20 feet of any abutting property lines.
(5) Handling of manure/animal waste must follow the Pet Waste BMPs of the Manure Best Management Practices contained within the Manual of Best Management Practices (BMPs) for Agriculture in New Hampshire published by the NH Dept. of Agriculture, Markets and Food Prohibited uses.
Prohibited uses. The following uses are prohibited:
(1) The keeping or raising of poultry on the premises of any lot or open space within a cluster development is prohibited.
The keeping of chickens under this section shall not be considered “agriculture”, “farming” or a “farm” under RSA 21:34-a. E. Standards.
(1) Chickens shall be kept in accordance with all applicable Town ordinances and regulations, and state laws, including but not limited to RSA 644:8, Cruelty to Animals. 1 https://mm.nh.gov/files/uploads/agriculture/documents/best-management-practices-bmp-manual.pdf
Chapter 117, Backyard Poultry (Chickens & Roosters) – Merrimack Town Code Page 1 of 3(2) (3) (4) (5) (6)
Only adult female chickens may be kept on a lot. Adult male (roosters) or crowing chickens are prohibited on lots smaller than 1 ½ acres.
The keeping of chickens shall be accessory to and on the premises of a single-family or two-family detached dwelling in an accessory structure or coop and shall be for personal use only.
Free roaming chickens must be kept on owner’s property.
Chickens shall be secured in a coop during all non-daylight hours.
A coop must be provided for the chickens. A coop is a roofed structure enclosed on all sides which protects the chickens from the weather, rodents and wild and domestic animals.
Coops must meet the following standards:
(1) The coop must provide roosting space off the floor.
(2) The coop must provide adequate ventilation, be kept in a neat and sanitary condition at all times, and in a manner that will not disturb neighboring lots due to noise, odor or other adverse impact.
(3) The materials used in building the coop shall be uniform for each element of the structure.
(7) An enclosed run is permitted. A run is a fenced area outside the coop. An enclosed run is completely bound on all sides, including overhead, by a fence, cage or wire. An enclosed run must be attached to the coop. A run shall be kept in a sanitary condition at all times, and in a manner that will not disturb neighboring lots due to noise, odor or other adverse impact.
(8) The coop and any run must be located in side or rear yards and cannot be located within 20 feet of any property line.
(9) All feed supplies must be kept in rodent-proof containers.
(10) All stored manure shall be covered by a fully enclosed structure or container. No more than three cubic feet of manure shall be stored.
(11) All manure not used for composting or fertilizing, waste material (including but not limited to spent feed, litter, and waste eggs) and dead chickens shall be properly and promptly removed from the property.
1 https://mm.nh.gov/files/uploads/agriculture/documents/best-management-practices-bmp-manual.pdf
Chapter 117, Backyard Poultry (Chickens & Roosters) – Merrimack Town Code Page 2 of 3F.
Grandfather clause:
For those who have Roosters already on a lot that is not 1 ½ acres as of December 18, 2025, the following provision:
(1) If there have been no complaints, any rooster in existence as of December 18th 2025 will be exempt from this ordinance
G. Penalty:
(1) Any person found violating the provisions of this chapter may be assessed a penalty as follows: first offense: a penalty of $100;
second offense in a calendar year: $250;
third or more offenses in a calendar year: $500 or the maximum allowed per RSA 31:39,
III, said penalty to be placed in the Town of Merrimack's General Fund.
Ký thỉnh nguyện thưKý thỉnh nguyện thưWe, the residents of Merrimack, New Hampshire, urge the Town Council to reject the proposed chicken ordinance.
Merrimack has a long, proud history of small-scale agriculture. Backyard hens have been part of this community for generations—long before large developments and restrictive proposals. Chickens are not only a tradition here; they are a practical and sustainable way for families to provide food, supplement income, and stay connected to the land.
This ordinance, introduced by a former council member, in regards to his own individual dispute, rather than in response to widespread resident concerns, creates unnecessary restrictions that would burden responsible owners and harm those who rely on fresh eggs to reduce grocery costs or support limited household budgets.
This ordinance does not reflect Merrimack’s values, history, or the needs of its residents.
We ask the Town Council to:
• Reject the proposed chicken ordinance
• Respect our agricultural heritage
• Protect low-income and food-insecure families who depend on backyard hens
• Engage residents in transparent, community-first decision making
Sign this petition to tell the Merrimack Town Council:
Vote NO on the chicken ordinance.
________________________________________
See the proposed ordinance as posted on Town Council page, https://www.merrimacknh.gov/town-council , up to date as of 11/19/25:
Chapter 117, Backyard Poultry (Chickens & Roosters)
A. B. C. D. Purpose. It is the intent of this section to allow for the keeping of domestic female chickens on a lot for the sole use and enjoyment of the residents of the lot on which such chickens are kept, while at the same time preserving the quality of life of the surrounding neighborhood by not allowing chickens to be kept in a number or in a manner that could create a nuisance. Keeping fewer than 10 chickens, defined as livestock is an accessory use to a residence subject to the following standards:
(1) The activity is not carried out as a business;
(2) No roosters or crowing chickens are allowed and the number of chickens is limited to fewer than 10 on lots designated as R-1, R-2, R-3 or R-4 (Residential), whether by map, or by soils unless there is 1 ½ or more Acres.
(3) No roosters, crowning chickens or chickens are permitted in the I-1, I- 2, I-3 (Industrial) or C-1 and C-2 (Commercial) Districts.
(4) No area or structure for the housing of animals, storage of manure/animal waste, or feeding of animals shall be located within 20 feet of any abutting property lines.
(5) Handling of manure/animal waste must follow the Pet Waste BMPs of the Manure Best Management Practices contained within the Manual of Best Management Practices (BMPs) for Agriculture in New Hampshire published by the NH Dept. of Agriculture, Markets and Food Prohibited uses.
Prohibited uses. The following uses are prohibited:
(1) The keeping or raising of poultry on the premises of any lot or open space within a cluster development is prohibited.
The keeping of chickens under this section shall not be considered “agriculture”, “farming” or a “farm” under RSA 21:34-a. E. Standards.
(1) Chickens shall be kept in accordance with all applicable Town ordinances and regulations, and state laws, including but not limited to RSA 644:8, Cruelty to Animals. 1 https://mm.nh.gov/files/uploads/agriculture/documents/best-management-practices-bmp-manual.pdf
Chapter 117, Backyard Poultry (Chickens & Roosters) – Merrimack Town Code Page 1 of 3(2) (3) (4) (5) (6)
Only adult female chickens may be kept on a lot. Adult male (roosters) or crowing chickens are prohibited on lots smaller than 1 ½ acres.
The keeping of chickens shall be accessory to and on the premises of a single-family or two-family detached dwelling in an accessory structure or coop and shall be for personal use only.
Free roaming chickens must be kept on owner’s property.
Chickens shall be secured in a coop during all non-daylight hours.
A coop must be provided for the chickens. A coop is a roofed structure enclosed on all sides which protects the chickens from the weather, rodents and wild and domestic animals.
Coops must meet the following standards:
(1) The coop must provide roosting space off the floor.
(2) The coop must provide adequate ventilation, be kept in a neat and sanitary condition at all times, and in a manner that will not disturb neighboring lots due to noise, odor or other adverse impact.
(3) The materials used in building the coop shall be uniform for each element of the structure.
(7) An enclosed run is permitted. A run is a fenced area outside the coop. An enclosed run is completely bound on all sides, including overhead, by a fence, cage or wire. An enclosed run must be attached to the coop. A run shall be kept in a sanitary condition at all times, and in a manner that will not disturb neighboring lots due to noise, odor or other adverse impact.
(8) The coop and any run must be located in side or rear yards and cannot be located within 20 feet of any property line.
(9) All feed supplies must be kept in rodent-proof containers.
(10) All stored manure shall be covered by a fully enclosed structure or container. No more than three cubic feet of manure shall be stored.
(11) All manure not used for composting or fertilizing, waste material (including but not limited to spent feed, litter, and waste eggs) and dead chickens shall be properly and promptly removed from the property.
1 https://mm.nh.gov/files/uploads/agriculture/documents/best-management-practices-bmp-manual.pdf
Chapter 117, Backyard Poultry (Chickens & Roosters) – Merrimack Town Code Page 2 of 3F.
Grandfather clause:
For those who have Roosters already on a lot that is not 1 ½ acres as of December 18, 2025, the following provision:
(1) If there have been no complaints, any rooster in existence as of December 18th 2025 will be exempt from this ordinance
G. Penalty:
(1) Any person found violating the provisions of this chapter may be assessed a penalty as follows: first offense: a penalty of $100;
second offense in a calendar year: $250;
third or more offenses in a calendar year: $500 or the maximum allowed per RSA 31:39,
III, said penalty to be placed in the Town of Merrimack's General Fund.
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