Is Keeping Backyard Chickens Legal in West Virginia After the 2026 Law Changes?

Yes, backyard chickens are generally legal in West Virginia, but compliance hinges on municipal ordinances and state agricultural guidelines. The West Virginia Department of Agriculture (WVDA) permits small-scale poultry keeping under its Livestock Health Regulations, while counties and cities impose additional restrictions. Recent 2026 amendments to the WV Local Government Code delegate more authority to municipalities, requiring owners to verify local zoning laws before installation.


Key Regulations for Keeping Backyard Chickens in West Virginia

  • Flock Size Limits: Most counties cap backyard flocks at 12–25 hens, excluding roosters, per WVDA’s Poultry Biosecurity Guidelines. Urban areas like Kanawha County enforce stricter limits (max 6 hens) under revised 2025 zoning ordinances.
  • Coop Specifications: Structures must be predator-proof, at least 20 feet from neighboring residences, and comply with the WV State Fire Marshal’s Building Code. Morgantown’s 2026 update mandates elevated coops to mitigate rodent infestations.
  • Permit Requirements: Counties such as Berkeley and Cabell require a Livestock Operation Permit ($25–$50) for flocks over 50 birds. Failure to register risks fines under the WV Animal Health Act, effective January 2026.