Is Keeping Backyard Chickens Legal in North Dakota After the 2026 Regulatory Updates?

Yes, backyard chickens are legal in North Dakota, but local ordinances and state health codes impose specific constraints. The North Dakota Department of Agriculture does not prohibit small-scale poultry keeping, yet municipalities retain authority to regulate flock size, coop placement, and sanitation. Recent 2026 amendments to the North Dakota Century Code require compliance with county-specific zoning laws, particularly in urban and suburban areas.


Key Regulations for Keeping Backyard Chickens in North Dakota

  • Flock Size Limits: Most counties cap backyard flocks at 12 hens, excluding roosters, to mitigate noise and nuisance complaints. Cass County (Fargo) and Burleigh County (Bismarck) enforce this cap under their 2025 zoning ordinances, with exceptions for agricultural homesteads.
  • Coop and Run Specifications: Structures must be set back at least 25 feet from neighboring residences and 50 feet from water sources, per North Dakota Sanitation Rules (NDAC 33-16-03). Roofed enclosures are mandatory to prevent predator access and fecal runoff.
  • Permit and Inspection Requirements: Fargo and Grand Forks mandate annual permits ($15–$30) and bi-annual health inspections by the North Dakota State University Extension. Violations trigger fines up to $500, with mandatory flock culling for salmonella-positive birds under NDAC 33-16-05.