(PHOTO BY JESSE DAVIS / THE VILLAGE REPORTER)
POULTRY PROPOSAL … A Buff Orpington hen peeks out of its coop in rural Fulton County. The possibility of laying hens to be allowed in the village limits of Swanton drew heated debate during a public hearing Monday evening.
By: Jesse Davis
THE VILLAGE REPORTER
jesse@thevillagereporter.com
A proposal to allow backyard chickens within the village limits of Swanton drew more questions and concerns than support during a public hearing Monday evening.
The hearing was held following resident Shawn McCaughey brought the request up to the village council during its meeting on February 24.
Based on research done by multiple members of the council, a tentative framework for a future ordinance was put together and presented to the public at the meeting in addition to being shared on the village’s website and social media.
During Monday’s hearing, held immediately following the council’s regular meeting, Mayor Neil Toeppe said the issue – like many faced by the village – is about finding the correct path forward amid contrasting voices in the community.
“As elected officials, we recognize the tension between private property rights and the shared interests of our community. Zoning and ordinances aren’t about control, they’re about balance – my freedom ends where it adversely effects my neighbor’s quality of life,” Toeppe said.
THE PROPOSAL
Councilman Derek Kania presented the potential framework of the ordinance, which he put together after spending some time researching the matter, and with the help of Councilman John Schmidt, who took a poultry certification course as part of his own research.
According to framework details published by the village prior to the hearing, a limitation on the number of hens and coop setback based on the property lot size showed four hens allowed for properties between one quarter and one half an acre with a coop setback of 10 feet, six for properties up to .99 acre with a coop setback of 15 feet, 8 for properties up to 2.5 acres with a coop setback of 20 feet, and 12 allowed for properties larger than 2.5 acres, with a coop setback “subject to agricultural zoning regulations.” No hens would be allowed at properties smaller than one quarter of an acre, and no roosters would be allowed.
Chickens would have to be kept in a secure, enclosed area at all times, with coops “well-maintained, ventilated, and predator-resistant.”
Coops could not exceed 120 square feet. Waste would need to be disposed of in a way to prevent odor and pests, with composting following best practices.
Anyone wishing to own chickens would need to obtain a one-time permit, the process for which would include inspection of the coop, completion of the Ohio State University Backyard Poultry Certification Course (offered online at a cost of $25), and annual renewal to allow for compliance review. Cost for the permit itself would be $25, with a continuing $10 annual fee.
The certification course, which Schmidt took in preparation for the hearing, covers such topics as coop design, proper care of chickens, and disease prevention.
Slaughtering, butchering, and processing of chickens would be prohibited, and chickens would be allowed for “egg production and personal use” only.
The framework further stated that “if a resident wishes to process poultry, they must do so at a licensed facility or in a jurisdiction where such activities are legally permitted.” Kania said that included elimination of any roosters discovered to have been obtained in error due to sexing mistakes by the seller.
Inspections, both on a preliminary and neighborhood complaint basis, would be completed by the village’s zoning inspector.
COMMUNITY CONCERNS
Kania addressed a variety of concerns that had already been shared on social media. Regarding the bird flu, which Kania said is influenza A and includes multiple strains of flu, he pointed out it is transmitted initially through cross contamination from wild, migratory birds who come into contact with domesticated or privately held birds.
Kania said having a pair of shoes set aside to use exclusively while in the coop could help prevent the contamination of backyard flocks, and that only certain strains can infect humans.
According to the website of the U.S. Centers for Disease Control and Prevention, only one person in the United States has ever died from bird flu, with 67 total cases from 2022 through January 6, 2025.
The website states that the World Health Organization has reported 950 cases of H5N1 bird flu throughout the rest of the world, about half of them fatal.
“CDC has carefully studied the available information about the person who died in Louisiana and continues to assess that the risk to the general public remains low,” the website states. “Most importantly, no person-to-person transmission spread has been identified.”
Kania spoke to concerns about rats and predation. Both issues, he said, could be prevented through proper construction, cleaning, and maintenance of coops and runs.
He also spoke about the possible contraction of histoplasmosis, which he said comes from a fungal spore growing in dried chicken feces.
Kania said it only causes mild, flu-like symptoms in those not suffering from an autoimmune disease or who are not otherwise more vulnerable than the general public.
Finally, Kania pointed out that people who think that raising backyard chickens would save them money versus buying eggs at the store was “absolutely crazy.”
He estimated that the cost of constructing an appropriate coop and run was, conservatively, between $500 and $2,000.
PUBLIC COMMENT
McCaughey, whose request was the impetus for the hearing, said he was concerned that village staff would attempt to access his property without notice, something he said had already happened once. He also said he didn’t think it was fair that the village would charge an annual fee.
Resident Odene Carroll said he didn’t believe he should have to take the OSU course. “I’ve raised ostriches, wild turkeys, pheasants, swans, cockatiels – I used to have 500 breeding pair of those. 500. That course ain’t gonna teach me nothing,” Carroll said. “I’ve been there and done it.”
One topic that incited heated discussion and nearly devolved into arguments was the potential impact to property values.
While McCaughey said there was no link between chicken ownership and a decline in property values, resident Bob Pilliod said the opposite amid other strong statements against the proposal.
“You spent years trying to get rid of the ‘Swantucky’ moniker, you’re not gonna do it if you do this,” Pilliod said.
He said the council had already turned down proposals to allow backyard chickens twice prior “without going through a dog and pony show,” and that he didn’t understand the need to consider it again.
He outlined his concerns regarding neighbor disputes, smell, noise, unsightly coops, and additional costs to the village to administer the program.
In addition to his own comments, Pilliod turned in a collection of 67 signed statements in opposition to the measure collected from village residents.
Councilwoman Dianne Westhoven reported that she had also been contacted by between 80 and 90 residents who were concerned about backyard chickens affecting their property values.
Donna Rowe had a different perspective, pointing out all the other villages in the area that allow residents to own chickens.
She also said the rules should be less stringent, relying more on people to be reasonable than holding them to explicit requirements, and that there was “value in freedom.”
NEXT STEPS
While no actions have yet been taken by the council or village, the next steps if the proposal were to move forward would consist of a motion at the next council meeting (scheduled for Monday, May 12 at 6 p.m.) to refer the matter to the village attorney and plan commission.
“If the motion receives a second and is approved by the majority of council members, then the solicitor and plan commission will draft any recommended revisions to our zoning and ordinance codes,” Mayor Neil Toeppe said.
The revisions would then be put into an ordinance which would have to pass three separate votes by the council at consecutive meetings.