New York Real Estate Lawyer Blog
(Update-COVID Response-June 23, 2020-Nyack)- A few years ago, farm to table eating became a “thing,” now it is even more important because of the COVID response of homeowners to staying in place. Everywhere you look in suburbia gardens are going in, chickens are being tended, honey bees added to back yards like never before. At the same time, people who have never lived next to animals, bees, poultry, chickens, or other back yard friends (some say “nuisances”), are reporting their friends and neighbors to building departments to complain. Suddenly the back yard chicken farmers must review the laws of zoning and morality.
We have seen these types of complaints in the Town of Clarkstown, New York. New neighbors, new problems. If taking fresh eggs to the new neighbor doesn’t work and you need to review the law, zoning and planning attorneys can help with violations, building permit applications and zoning variances we can help you. In places like Congers, Valley Cottage, Nanuet, different zones beget different sized lots. Right now, the Town of Clarkstown Code provides:
Additional Bulk Regulations §290-20(K). In the R-160, R-80, R-40, R-22, R-15 and R-10 Zoning Districts, keeping domestic animals (except pigs) for individual domestic purposes shall be permitted, provided that not more than one horse or cow per acre, five cats or dogs over six months old, and not more than 25 fowl shall be kept on any lot. No animals (except cats or dogs) shall be penned or housed within 50 feet of any lot line, and there shall be no storage of manure, animal waste or odor- or dust-producing substance or use, except spraying or dusting to protect vegetation, within 50 feet of any lot line, watercourse or wetland. [Added 3-22-2016 by L.L. No. 5-2016].