Northampton settles dispute over backyard chicken coop by approving SUP

A request to allow backyard chickens to remain on a residential property in the Wilsonia Shores community won approval from the Northampton County Board of Supervisors after a public hearing that drew both support and opposition.

The special use permit was filed by Michael and Amy Young for property in Machipongo. The application sought approval for the continued use of a coop to keep chickens as pets on the residential lot.

County Zoning Administrator Mike Starling told the board the property is zoned for residential use and that the request met the criteria for a special use permit under the county’s zoning ordinance. Staff recommended approval with conditions limiting the use to female poultry and requiring the birds to be confined to a coop, pen or run on the property except during supervised daytime roaming.

The Northampton County Planning Commission previously reviewed the request on March 17 and recommended approval, but with revised conditions that would allow one rooster in addition to hens.

During the public hearing, attorney Joseph V. Sherman, speaking on behalf of the Youngs, said the chickens had been kept on the property for years without incident and argued the matter only became an issue because of a separate dispute involving the community’s boat ramp and property owners association, which became “a political football.”

Sherman said the applicants had the support of the zoning administrator and the Planning Commission, and noted that a court order had found the subdivision covenants did not prohibit chickens.

Opposition came from Wilsonia Property Owners Association member Kevin Cannon, who said the neighborhood covenants allow dogs and cats but prohibit other domestic animals. Cannon said association members had previously voted down a proposal in 2016 that would have allowed chickens. He also raised concerns about possible impacts on Hungars Creek, saying the waterway is important to local watermen.

Other speakers supported the request. Martin Mayer questioned whether the matter amounted to selective enforcement in a rural county where many residents keep backyard chickens. Steve Smurka, who said he recently purchased the home next to the Young property, told the board the chickens had not created any problem and could not be heard or seen from his property. Another speaker, Joanne Molera, said chickens help control ticks and fleas and argued that small backyard flocks were once common in rural communities.

Board members also discussed the visibility of the coop and its distance from neighboring homes. Staff said the coop is set back from the road and is difficult to see even during winter when leaves are off the trees.

At the close of discussion, a motion was made to approve the permit with the Planning Commission’s recommendation, including permission for one rooster and supervised daytime roaming outside the pen. The motion passed unanimously.