Can you keep backyard chickens in New Hampshire?
New Hampshire deems farm uses, poultry included, permitted where zoning is silent, if they follow best practices and laws; new or expanded ones may need local approval. Whether a backyard flock counts wasn't established.
Read from 8 official sources31 passages quotedChecked October 26, 2026
At a glance
Registering your flock
Where hens can live
Bird-flu housing orders
Welfare rules
Who decides where hens can live
The state law we read gives a named local body its own powers over where hens can live. What the checked sources say:
- To promote health, safety or the general welfare, the local legislative body of a city, a town, or a county with unincorporated towns or unorganized places may adopt or amend a zoning ordinance regulating the location and use of buildings, structures and land.
Your city or town may adopt a zoning ordinance, so check with it. Under state law, agricultural operations a zoning ordinance doesn't explicitly address are deemed permitted if they follow the commissioner's best management practices and applicable laws, and a new or significantly expanded operation keeping poultry may need local approval. Whether a backyard flock kept at a home counts as an agricultural operation of a farm under these rules was not established. This page doesn't cover local ordinances or deed or association rules.
Registration: not established in the state sources we read.
The law's own words are quoted under state rules on keeping poultry below.
How to check: Look up the local rules where you live (the ordinances, bylaws or zoning of the body named here), or ask that office, before you get hens.
A sourced reading of New Hampshire's state law, not legal advice. Local ordinances and zoning, HOA rules, and any local rooster or coop limits aren't covered here yet: check your local code before you get hens.
Keeping your flock
These findings cover the national or state scope stated below. They do not determine whether chickens are allowed at a particular home. City zoning, property restrictions and other local rules are outside this research.
Registering as a poultry keeper
Not established from the sources checked
Jurisdiction: New Hampshire
Applies to: New Hampshire RSA chapter 436 (Diseases of Domestic Animals) and RSA chapter 428 (Poultry and Poultry Products), read on 26 October 2026.
Outside this finding's scope
- No registration duty for people who keep poultry was found in RSA chapters 436 and 428 as read. New Hampshire’s poultry rules (Agr 1600) were read but are not relied on, because whether they are still in force was not established, and the Department of Agriculture, Markets, and Food’s web pages could not be read for this check. This is not proof that no keeper duty exists.
What the checked sources say
- The one licence found in these chapters is for people in the business of buying live poultry for food from its owner: they need a licence from the commissioner of agriculture, markets, and food (RSA 428:9). It is not a licence to keep birds.
Authority: Not established from the sources checked.
Fee: Not established from the sources checked.
The official wording
No person shall engage in the business of buying live poultry in this state, the meat or meat product of which is to be sold or used for food, from the owner thereof, as defined in this section, unless he has a license from the commissioner of agriculture, markets, and food.
RSA 428:9, I, first sentence · Checked
Bird-flu housing orders
Current status needs rechecking
An official current-status link has not been established.
Orders can change between checks. A missed check or an expired order does not establish that no order applies.
Housing-order finding as checked on 2026-10-26
The scope and conditions below are a dated record, not confirmation of today's position.
Conditions apply to this finding
Uses housing orders in this scope: Yes, according to the checked evidence, within the limits listed under “Outside this finding’s scope” below.
Jurisdiction: New Hampshire
Applies to: The quarantine powers of the commissioner under RSA chapter 436 (Diseases of Domestic Animals), where domestic animals means all animals, including poultry, that are kept or harbored as domesticated animals. The chapter sets up a division of animal industry in the Department of Agriculture, Markets, and Food.
Outside this finding's scope
- These powers do not in terms require birds to be kept indoors, and this finding does not establish that any quarantine or order applies now. The department’s website could not be read for this check, so no current-status page is linked.
What the checked sources say
- When the commissioner has reason to believe a domestic animal is infected with a contagious or infectious disease, the commissioner shall have it quarantined or isolated on the premises of its owner or of the person who has it, or in another place or enclosure the commissioner designates, and moving it from where it is ordered to be kept is forbidden.
- The commissioner may also quarantine premises holding an animal that is infected, suspected of being infected or exposed, and forbid the removal of animals susceptible to the disease, by a written order served on the owner or occupier or posted at the premises’ usual entrance. The animals stay under quarantine as long as the commissioner deems necessary to keep the disease from spreading off the premises.
- If such a disease becomes epidemic, the commissioner may proclaim a quarantine of the locality and forbid moving diseased or susceptible animals out of it without the commissioner’s permission.
- Violating a quarantine provision or rule is a misdemeanor and may also bring an administrative fine of up to $1,000 for each violation.
- Current mandatory housing status remains unconfirmed.
- Checked
- Recheck due
Historical evidence, as checked
These quotations record what was checked on the dates shown. They do not confirm an order's current status.
II. "Domestic animals" means all animals, including poultry, that are kept or harbored as domesticated animals.
RSA 436:1, II · Checked
There shall be a division of the department of agriculture, markets, and food known as the division of animal industry.
RSA 436:2 · Checked
Whenever the commissioner, upon investigation or upon notification, has reason to believe that a domestic animal or captive wildlife is infected with a contagious or infectious disease the commissioner shall immediately cause it to be quarantined or isolated upon the premises of the owner or the person in whose possession it is found,
RSA 436:34, first part · Checked
or in such other place or enclosure as the commissioner may designate, and the removal of the animal from any premises where it may be ordered to be kept shall be forbidden.
RSA 436:34, second part · Checked
The commissioner may quarantine the premises upon which there is a domestic animal or captive wildlife infected with any contagious or infectious disease, or that is suspected of being so infected, or that has been exposed to such disease,
RSA 436:35, first sentence, first part · Checked
and may forbid the removal of any such animal or wildlife or any animals or wildlife susceptible to such disease by serving a written order upon the owner or person in possession of said premises or by posting a copy of such order at the premises' usual entrance.
RSA 436:35, first sentence, second part · Checked
Such animal or wildlife or animals or wildlife shall be kept under quarantine for such periods of time as the commissioner may deem necessary to prevent the spread of the suspected disease to other animals off the quarantined premises.
RSA 436:35, second sentence · Checked
If any such disease becomes epidemic, the commissioner may issue a proclamation quarantining the locality and forbidding the removal from the locality of any animal so diseased or susceptible without his permission.
RSA 436:36 · Checked
I. Whoever violates a quarantine provision or rule shall be guilty of a misdemeanor.
RSA 436:38, I · Checked
II. In addition, whoever violates a quarantine provision or rule relating to a quarantine may be subject to an administrative fine levied by the commissioner, not to exceed $1,000 for each violation.
RSA 436:38, II · Checked
Small-flock welfare minimums
Rule identified for the scope below
Jurisdiction: New Hampshire
Applies to: New Hampshire’s cruelty to animals offence (RSA 644:8), where an animal means a domestic animal, a household pet or a wild animal in captivity.
Outside this finding's scope
- RSA 644:8 does not define “domestic animal”. No exception for farming practices was found in that section as read; other cruelty sections were not read, and no numerical space standard for poultry was found.
What the checked sources say
- A person who, without lawful authority, negligently deprives an animal in his or her possession or custody of necessary care, sustenance or shelter commits this offence, as does a person who otherwise negligently permits or causes such an animal to be subjected to cruelty, inhumane treatment or unnecessary suffering.
- Cruelty includes acts or omissions that harm an animal’s health, safety or welfare, including abandoning it without proper provision for its care, sustenance, protection or shelter.
- A first offence is a misdemeanor and a second or later offence a class B felony; purposely beating, cruelly whipping, torturing or mutilating an animal is a class B felony.
The official wording
I. In this section, "cruelty" shall include, but not be limited to, acts or omissions injurious or detrimental to the health, safety or welfare of any animal, including the abandoning of any animal without proper provision for its care, sustenance, protection or shelter.
RSA 644:8, I · Checked
II. In this section, "animal" means a domestic animal, a household pet or a wild animal in captivity.
RSA 644:8, II · Checked
III. A person is guilty of a misdemeanor for a first offense, and of a class B felony for a second or subsequent offense, who:
RSA 644:8, III, opening · Checked
(a) Without lawful authority negligently deprives or causes to be deprived any animal in his possession or custody necessary care, sustenance or shelter;
RSA 644:8, III(a) · Checked
(h) Otherwise negligently permits or causes any animal in his or her possession or custody to be subjected to cruelty, inhumane treatment, or unnecessary suffering of any kind.
RSA 644:8, III(h) · Checked
III-a. A person is guilty of a class B felony who purposely beats, cruelly whips, tortures, or mutilates any animal or causes any animal to be beaten, cruelly whipped, tortured, or mutilated.
RSA 644:8, III-a · Checked
2025, 27:1, eff. July 13, 2025. 2026, 143:1, eff. Jan. 1, 2027.
RSA 644:8, source note (end) · Checked
National or state rules on keeping poultry
Conditions apply to this finding
Jurisdiction: New Hampshire
Applies to: New Hampshire’s local zoning power (RSA 674:16) and the state rules on agricultural uses of land in local zoning (RSA 674:32-a to 674:32-c), where agriculture means all operations or activities of a farm, including the husbandry of poultry and the production of eggs (RSA 21:34-a).
Outside this finding's scope
- Your city or town may adopt a zoning ordinance, so check with it. Under state law, agricultural operations a zoning ordinance doesn't explicitly address are deemed permitted if they follow the commissioner's best management practices and applicable laws, and a new or significantly expanded operation keeping poultry may need local approval. Whether a backyard flock kept at a home counts as an agricultural operation of a farm under these rules was not established. This page doesn't cover local ordinances or deed or association rules.
What the checked sources say
- To promote health, safety or the general welfare, the local legislative body of a city, a town, or a county with unincorporated towns or unorganized places may adopt or amend a zoning ordinance regulating the location and use of buildings, structures and land.
- Under state law, agricultural operations or activities that a zoning ordinance does not explicitly address for a district or location are deemed permitted there, as a primary or accessory use, so long as they follow the best management practices guidelines adopted by the commissioner of agriculture, markets, and food and applicable federal and state laws, regulations and rules.
- Any new, re-established (after abandonment) or significantly expanded operation keeping livestock, poultry or other animals may be made subject to special exception, building permit, site plan review or other local land use board approval.
- General building and site requirements, such as setbacks and noise or odor limits, still apply. Where applying one literally would effectively prohibit an allowed agricultural use or be unreasonable, the board of adjustment or other local board, after notice and hearing, shall grant a waiver to the extent needed to reasonably permit the use, unless the waiver would have a demonstrated adverse effect on public health or safety or on the value of adjacent property.
The official wording
I. For the purpose of promoting the health, safety, or the general welfare of the community, the local legislative body of any city, town, or county in which there are located unincorporated towns or unorganized places is authorized to adopt or amend a zoning ordinance under the ordinance enactment procedures of RSA 675:2-5.
RSA 674:16, I, first sentence · Checked
(d) The location and use of buildings, structures and land used for business, industrial, residential, or other purposes.
RSA 674:16, I(d) · Checked
2025, 188:1, eff. Sept. 13, 2025; 258:1, eff. Sept. 13, 2025. 2026, 217:1, eff. July 1, 2026; 329:1, eff. Sept. 13, 2026.
RSA 674:16, source note (end) · Checked
II. The words "agriculture" and "farming" mean all operations or activities of a farm, including:
RSA 21:34-a, II, opening · Checked
(7) The husbandry of poultry or game birds or production of eggs.
RSA 21:34-a, II(a)(7) · Checked
I. The word "farm" means any land, buildings, or structures on or in which agriculture and farming operations or activities are carried out or conducted and shall include the residence or residences of owners, occupants, or employees located on such land.
RSA 21:34-a, I, first sentence · Checked
In accordance with RSA 672:1, III-d, whenever agricultural operations or activities as defined in RSA 21:34-a are not explicitly addressed with respect to any zoning district or location, such operations or activities shall be deemed to be permitted there, as either a primary or accessory use,
RSA 674:32-a, first part · Checked
so long as conducted in accordance with best management practices guidelines adopted by the commissioner of the department of agriculture, markets, and food and with applicable federal and state laws, regulations, and rules.
RSA 674:32-a, second part · Checked
I. Any new establishment, re-establishment after abandonment, or significant expansion of an operation involving the keeping of livestock, poultry, or other animals may be made subject to special exception, building permit, site plan review, or other local land use board approval in accordance with the provisions of RSA 674:32-c, II and III.
RSA 674:32-b, I · Checked
II. Nothing in this subdivision, or in RSA 674:32-b, shall exempt new, re-established, or expanded agricultural operations or activities from generally applicable building and site requirements such as dimensional standards, setbacks, driveway and traffic regulations, parking requirements, noise, odor, or vibration restrictions or sign regulations;
RSA 674:32-c, II, first part · Checked
the board of adjustment or other applicable local board, after due notice and hearing, shall grant a waiver from such requirement to the extent necessary to reasonably permit the agricultural use or activity,
RSA 674:32-c, II, waiver clause · Checked
provided, however, that in circumstances where their literal application would effectively prohibit an agricultural use or activity allowed by this subdivision, or would otherwise be unreasonable in the context of an agricultural use or activity,
RSA 674:32-c, II, proviso · Checked
unless such waiver would have a demonstrated adverse effect on public health or safety, or on the value of adjacent property.
RSA 674:32-c, II, end · Checked
Bird flu right now? PoultryPal's bird-flu tracker for New Hampshire has the latest we've checked.
Next door
Every state on the map →Common questions
- Do I have to register backyard chickens in New Hampshire?
- Registration: not established. The finding covers: New Hampshire RSA chapter 436 (Diseases of Domestic Animals) and RSA chapter 428 (Poultry and Poultry Products), read on 26 October 2026. Outside this finding's scope: No registration duty for people who keep poultry was found in RSA chapters 436 and 428 as read. New Hampshire’s poultry rules (Agr 1600) were read but are not relied on, because whether they are still in force was not established, and the Department of Agriculture, Markets, and Food’s web pages could not be read for this check. This is not proof that no keeper duty exists.
- Can I keep chickens in my backyard in New Hampshire?
- The state law we read gives a named local body its own powers over where hens can live. To promote health, safety or the general welfare, the local legislative body of a city, a town, or a county with unincorporated towns or unorganized places may adopt or amend a zoning ordinance regulating the location and use of buildings, structures and land. Your city or town may adopt a zoning ordinance, so check with it. Under state law, agricultural operations a zoning ordinance doesn't explicitly address are deemed permitted if they follow the commissioner's best management practices and applicable laws, and a new or significantly expanded operation keeping poultry may need local approval. Whether a backyard flock kept at a home counts as an agricultural operation of a farm under these rules was not established. This page doesn't cover local ordinances or deed or association rules. Look up the local rules where you live (the ordinances, bylaws or zoning of the body named here), or ask that office, before you get hens.
- Do I have to keep my hens indoors for bird flu in New Hampshire?
- Housing orders come and go, so we never show one as current. We haven't confirmed an official current-status page for it. PoultryPal's bird-flu tracker page for New Hampshire has the latest we've checked.
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