Regulations regarding urban farming vary greatly. Some Communities either prohibit urban farming entirely or have difficult to achieve standards. For instance, Grand Rapids. MI prohibits livestock within 100 feet of any dwelling. On the other hand, some communities have almost no regulation at all. I worked in a community that allowed chickens where the only requirements was to have a fence and the only restriction was the prohibition on owning roosters.
Read More>Urban Agriculture-A Sixteen City Survey of Urban Agriculture Practices Across the Country
BASIS FOR REGULATION
Zoning is one of the primary tools for regulating uses in America. In the now famous case Village of Euclid, Ohio v. Ambler Realty Co. the U.S. Supreme Court held that local governments could "enact reasonable laws to keep the pig out of the parlor". They made two findings:"zoning extended and improved on nuisance law in that it provided advance notice that certain types of uses were incompatible with other uses in a particular district. The second argument was that zoning was a necessary municipal-planning instrument." (see wikipedia)In my opinion regulations of any sort should be rational and based on facts and the best science available with a bias towards property rights. I have often heard the phrase "the proposed regulations are for the health, safety and welfare of the community" as justification for regulations with absolutely no facts to back up that statement. I have also often heard the phrase "this will lower my property value" used in opposition to proposed regulations, again with no facts to back it up.
REGULATING THE URBAN FARM
The only rational basis for regulating urban farming is nuisance abatement and protection of health. While not all inclusive, the following is a list of the biggest nuisance and health factors that should be regulated.Overcrowding
Any given piece of land has a "carrying capacity" on the number of animals that can be successfully raised. The carrying capacity can be raised by introducing food sources from off site. For instance, free range chickens require about 800 square feet per chicken. Chickens raised in a pen and given feed need a minimum of 4 square feet of space in the hen house and an additional 4 square feet of room in the chicken run.
There are several problems with over crowding. The first is animal waste. The soil can only absorb so much waste before it starts to run off, creating a pollution and smell problem. Also, the accumulation of waste will attract obnoxious insects such as flies. Additionally, too much waste can cause chemical burns to the grass, killing it off. Finally, having too many animals can affect herd health by permitting easier transmission of disease.
Other animals such as cows, pigs and goats have their own space requirements.
Confinement
Gardening and raising plants generally does not require fencing for nuisance abatement, though urban farmers may desire to erect them for other reasons. Raising animals generally does. Wandering animals are problematic for several reasons. They can be traffic hazards, can damage off-property vegetation, possibly injure people or other animals and may transmit disease.Fencing type, material and size should be based on the type of animals being kept as well as the surrounding neighborhood. If animals are to be penned, the confinement area must be based on the space needs of the animal as mentioned above.
Noise
Animals can be noisy. The king of the urban agriculture noise makers is the rooster. Contrary to popular belief, these animals do not just crow at sunrise. They will call out when hungry or bored or if they spot a rival rooster. They will also crow in response to random light sources such as car headlights. I know from personal experience, that their crowing can be heard several city blocks away. Rather than prohibiting potentially noisy animals, urban farmers should be held accountable for managing noise through buffering, animal selection and behavior modification.Smell
I discussed the smellier aspects of farming in my blog post entitled Welcome to the Country.....here's your gas mask.and solutions to smells in 4 Ways to Manage Farm Nuisance.
Welcome to the Country.....here's your gas mask.
Welcome to the Country.....here's your gas mask.
Welcome to the Country.....here's your gas mask.
Welcome to the Country.....here's your gas mask.
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