Keeping hens · State rules

Can you keep backyard chickens in North Dakota?

North Dakota cities may regulate or prohibit poultry running at large and, subject to chapter 54-21.3, zone land use (Century Code 40-05-01, 40-47-01), so check yours. Whether keepers must register wasn't established.

Read from 11 official sources40 passages quotedChecked October 26, 2026

At a glance

Registering your flock

Not established

Where hens can live

Set locally

Bird-flu housing orders

Status needs rechecking

Welfare rules

Rule with conditions
Set locally

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, morals or the general welfare, the governing body of any North Dakota city may, subject to Century Code chapter 54-21.3, regulate and restrict the location and use of buildings, structures and land for trade, industry, residence or other purposes. A city’s governing body may also regulate or prohibit animals and poultry running at large.
  • The board of county commissioners of any county may, subject to chapter 54-21.3, regulate and restrict the location and use of buildings and structures and the use of land for residence, recreation and other purposes, and may divide the county into districts subject to the farming and ranching limit in 11-33-02.1.

No statewide permission or ban on keeping chickens is established by this finding. Your city or county may zone land use, so check with it. This page doesn't cover township zoning, city charters or local ordinances. Under 11-33-02.1 a board of county commissioners may not prohibit or prevent the use of land or buildings for farming or ranching, or the normal incidents of farming or ranching; farming or ranching includes raising, feeding or producing livestock or poultry. Whether a backyard flock counts as farming or ranching was not established.

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 North Dakota'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: North Dakota

Applies to: North Dakota Century Code chapters 36-01 and 36-14, the State Board of Animal Health rules in North Dakota Administrative Code 48.1-01-01, 48.1-01-05 and 48.1-10-01, and the North Dakota Department of Agriculture’s Avian Health page, as checked on 26 October 2026.

Outside this finding's scope

  • No registration duty for people who keep chickens was found in those statutes and rules; the poultry rules read deal with bringing birds into the state, exhibitions and disease testing. The rules behind the dealer and permit statements below were not read, so this is not proof that no keeper duty exists.

What the checked sources say

  • The Department’s Avian Health page says the Board of Animal Health requires all poultry dealers in North Dakota to register, and that every retail store selling chicks counts as a poultry dealer.
  • The same page says non-domestic birds are Category 1 or Category 2 non-traditional livestock. Its Category 1 list includes pigeons, guinea fowl, peafowl, pheasants, chukars, quail, and turkeys, geese and ducks that look different from wild ones. It says that in most cases keeping protected bird species needs a Permit to Possess, Propagate, or Domesticate (PPD), and that, for these birds, you need a PPD permit and/or a non-traditional livestock license if you sell live birds, buy birds from someone without a valid North Dakota PPD permit (including out-of-state birds), or hold birds longer than 90 days. Chickens are not named in those lists; whether any permit applies to chickens was not established.

Authority: North Dakota State Board of Animal Health (as described by the North Dakota Department of Agriculture)

Fee: Not established from the sources checked.

The official wording

Bird-flu housing orders

Current status needs rechecking

Check the official current-status page

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.

Not established from the sources checked

Uses housing orders in this scope: Not established from the sources checked.

Jurisdiction: North Dakota

Applies to: The quarantine powers of North Dakota’s State Board of Animal Health in Century Code 36-01-12, and the matching rule authorizing the state veterinarian to quarantine (Administrative Code 48.1-01-05-01). In chapter 36-01 a “domestic animal” is a dog, cat, horse, bovine animal, sheep, goat, bison, farmed elk, llama, alpaca or swine; poultry is not on that list.

Outside this finding's scope

  • Whether these powers reach chickens or the places where they are kept is not established: the definition leaves poultry out, while the area and building quarantine sentence is worded more widely, and no source read for this finding settles the point. This finding does not establish that any quarantine or order applies now, and these powers do not in terms require birds to be kept indoors.
  • Read in the Legislature’s Century Code files on 26 October 2026. The Legislature’s Century Code page says, in an update note dated 02/03/26, that all statutory changes approved during the 2026 special session are now reflected; the site also lists a September 2026 special session, and whether that session changed these sections was not checked.

What the checked sources say

  • The Board may quarantine any domestic animal or non-traditional livestock that is or may be infected with, or exposed to, a contagious or infectious disease. It may also quarantine any city, civil township, county or area within a county, and any enclosure, building, or domestic animal or non-traditional livestock in it, that is or may be infected or exposed to any contagious or infectious disease.
  • The Board’s poultry rules say no birds or bird products from areas under quarantine for exotic Newcastle disease or avian influenza may be brought into North Dakota unless the state veterinarian approves, and poultry that is infected or recently exposed to a contagious or infectious disease may not be brought in. Those rules list Century Code 36-01-12 among the laws they carry out.
  • Current mandatory housing status remains unconfirmed; check the North Dakota Department of Agriculture’s avian influenza page.
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.

  • "Domestic animal" means dog, cat, horse, bovine animal, sheep, goat, bison, farmed elk, llama, alpaca, or swine.

    NDCC 36-01-00.1(3) · Checked

  • "Nontraditional livestock" means any wildlife held in a cage, fence, enclosure, or other manmade means of confinement that limits its movement within definite boundaries or an animal that is physically altered to limit movement and facilitate capture.

    NDCC 36-01-00.1(4) · Checked

  • The board may take such steps as it may deem necessary to control, suppress, and eradicate any and all contagious and infectious diseases among any of the domestic animals and nontraditional livestock of this state.

    NDCC 36-01-12, first sentence · Checked

  • For this purpose, the board may quarantine any domestic animal or nontraditional livestock which is infected, or may be infected, with any such disease or which has been exposed, or may be exposed, to infection,

    NDCC 36-01-12, second sentence (opening) · Checked

  • The board may also quarantine any city, civil township, or county or areas within a county in this state and any enclosure, building, or any domestic animal or nontraditional livestock therein which is or may be infected or exposed or may be exposed to any contagious or infectious disease.

    NDCC 36-01-12, last sentence · Checked

  • The board authorizes the state veterinarian to quarantine:

    NDAC 48.1-01-05-01, opening · Checked

  • Any city, civil township, county, or areas within a county in North Dakota and any enclosure, building, or any domestic animal or nontraditional livestock therein, which is infected or may be infected or exposed or may be exposed to any contagious or infectious disease.

    NDAC 48.1-01-05-01(2) · Checked

  • The terms used throughout this title have the same meaning as in North Dakota Century Code chapter 36-01.

    NDAC 48.1-01-01-01, opening · Checked

  • No avian species or avian products originating from areas under quarantine for exotic Newcastle disease or avian influenza may be imported, unless approved by the state veterinarian based upon epidemiological evaluation and risk assessment.

    NDAC 48.1-10-01-01(6) · Checked

  • Poultry that is infected, or recently exposed to any contagious or infectious disease, may not be imported into the state.

    NDAC 48.1-10-01-01(8) · Checked

  • Law Implemented: NDCC 36-01-08, 36-01-12, 36-14-04.1

    NDAC 48.1-10-01-01, history note · Checked

  • Avian Influenza in North Dakota

    NDDA avian influenza page, heading · Checked

  • 02/03/26 UPDATE: All statutory changes approved during the 2026 special session are now reflected on this website.

    Legislative Branch Century Code page, update note · Checked

  • 69th Legislative Assembly - Sep 2026 Special Session

    Legislative Branch Century Code page, Session Information menu · Checked

Small-flock welfare minimums

Conditions apply to this finding

Jurisdiction: North Dakota

Applies to: North Dakota’s treatment of animals offenses (Century Code chapter 36-21.2: neglect, abuse and cruelty).

Outside this finding's scope

  • These offenses do not cover any usual and customary practice in producing food, feed, fiber or ornament (including all parts of the livestock industry), or in the boarding, breeding, competition, exhibition, feeding, raising, showing and training of animals, among other listed exemptions such as humane or swift destruction for cause and care given by or under a licensed veterinarian. Whether keeping a backyard flock counts as one of those practices was not established.
  • The sections read set no numerical space standard for poultry.
  • Read in the Legislature’s Century Code files on 26 October 2026. The Legislature’s Century Code page says, in an update note dated 02/03/26, that all statutory changes approved during the 2026 special session are now reflected; the site also lists a September 2026 special session, and whether that session changed these sections was not checked.

What the checked sources say

  • Willful animal neglect is a class A misdemeanor. For animals other than dogs and cats, neglect means failing to provide food and water that suit the species and breed and are enough to sustain the animal’s health, minimal protection from bad weather suited to the species and breed, and medical attention when the animal is injured or ill, as suits the species and breed.
  • Animal abuse (an act or omission that physically injures or kills an animal) is a class A misdemeanor for a first or second offense and a class C felony for a third or later offense within ten years; intentional animal cruelty is a class C felony.

The official wording

  • Any person that willfully engages in animal neglect is guilty of a class A misdemeanor.

    NDCC 36-21.2-01(1) · Checked

  • For purposes of this chapter, "neglect" with respect to all animals other than those included in subsection 2, means the failure to provide:

    NDCC 36-21.2-01(3), opening · Checked

  • a. Food and water that is: (1) Appropriate for the species and the breed; and (2) Sufficient to sustain the animal's health; b. Minimal protection from adverse weather conditions, as appropriate for the species and the breed; and c. Medical attention in the event of an injury or illness, as appropriate for the species and the breed.

    NDCC 36-21.2-01(3)(a)-(c) · Checked

  • The following do not constitute violations of this section: a. Any usual and customary practice in: (1) The production of food, feed, fiber, or ornament, including all aspects of the livestock industry; (2) The boarding, breeding, competition, exhibition, feeding, raising, showing, and training of animals;

    NDCC 36-21.2-01(4)(a)(1)-(2) · Checked

  • b. The humane or swift destruction of an animal for cause; and c. Services provided by or under the direction of a licensed veterinarian.

    NDCC 36-21.2-01(4)(b)-(c) · Checked

  • Any person that willfully engages in animal abuse is guilty of a class A misdemeanor for a first or a second offense and a class C felony for a third or subsequent offense occurring within ten years.

    NDCC 36-21.2-02(1) · Checked

  • For purposes of this chapter, "animal abuse" means any act or omission that results in physical injury to an animal or that causes the death of an animal,

    NDCC 36-21.2-02(2) · Checked

  • Any person that intentionally engages in animal cruelty is guilty of a class C felony.

    NDCC 36-21.2-03(1) · Checked

  • 02/03/26 UPDATE: All statutory changes approved during the 2026 special session are now reflected on this website.

    Legislative Branch Century Code page, update note · Checked

  • 69th Legislative Assembly - Sep 2026 Special Session

    Legislative Branch Century Code page, Session Information menu · Checked

National or state rules on keeping poultry

Conditions apply to this finding

Jurisdiction: North Dakota

Applies to: North Dakota city zoning (Century Code 40-47-01), city power over animals and poultry running at large (40-05-01, item 47), and county zoning (11-33-01, 11-33-02) with its limit on regulating farming or ranching (11-33-02.1).

Outside this finding's scope

  • Under 11-33-02.1 a board of county commissioners may not prohibit or prevent the use of land or buildings for farming or ranching, or the normal incidents of farming or ranching; farming or ranching includes raising, feeding or producing livestock or poultry. Whether a backyard flock counts as farming or ranching was not established.
  • No statewide permission or ban on keeping chickens is established by this finding. Your city or county may zone land use, so check with it. This page doesn't cover township zoning, city charters or local ordinances.
  • Read in the Legislature’s Century Code files on 26 October 2026. The Legislature’s Century Code page says, in an update note dated 02/03/26, that all statutory changes approved during the 2026 special session are now reflected; the site also lists a September 2026 special session, and whether that session changed these sections was not checked.

What the checked sources say

  • To promote health, safety, morals or the general welfare, the governing body of any North Dakota city may, subject to Century Code chapter 54-21.3, regulate and restrict the location and use of buildings, structures and land for trade, industry, residence or other purposes. A city’s governing body may also regulate or prohibit animals and poultry running at large.
  • The board of county commissioners of any county may, subject to chapter 54-21.3, regulate and restrict the location and use of buildings and structures and the use of land for residence, recreation and other purposes, and may divide the county into districts subject to the farming and ranching limit in 11-33-02.1.

The official wording

  • For the purpose of promoting health, safety, morals, or the general welfare of the community, the governing body of any city may, subject to the provisions of chapter 54-21.3, regulate and restrict

    NDCC 40-47-01, opening · Checked

  • the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes.

    NDCC 40-47-01, first sentence (end) · Checked

  • The governing body of a municipality shall have the power:

    NDCC 40-05-01, opening · Checked

  • Animals and poultry. To regulate or prohibit the running at large of animals and poultry,

    NDCC 40-05-01(47) · Checked

  • the board of county commissioners of any county may regulate and restrict within the county, subject to chapter 54-21.3, the location and the use of buildings and structures and the use, condition of use, or occupancy of lands for residence, recreation, and other purposes.

    NDCC 11-33-01, first sentence · Checked

  • the board of county commissioners may divide by resolution all or any parts of the county, subject to section 11-33-02.1 into districts of such number, shape, and area as may be determined necessary,

    NDCC 11-33-02, first sentence · Checked

  • "Farming or ranching" means cultivating land for the production of agricultural crops or livestock, or raising, feeding, or producing livestock, poultry, milk, or fruit.

    NDCC 11-33-02.1(1)(b) · Checked

  • A board of county commissioners may not prohibit or prevent the use of land or buildings for farming or ranching and may not prohibit or prevent any of the normal incidents of farming or ranching.

    NDCC 11-33-02.1(3) · Checked

  • 02/03/26 UPDATE: All statutory changes approved during the 2026 special session are now reflected on this website.

    Legislative Branch Century Code page, update note · Checked

  • 69th Legislative Assembly - Sep 2026 Special Session

    Legislative Branch Century Code page, Session Information menu · Checked

Bird flu right now? PoultryPal's bird-flu tracker for North Dakota has the latest we've checked.

Selling eggs in North Dakota? →License, small-flock line, markets and cartons, on their own page.Selling: License: depends

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Common questions

Do I have to register backyard chickens in North Dakota?
Registration: not established. The finding covers: North Dakota Century Code chapters 36-01 and 36-14, the State Board of Animal Health rules in North Dakota Administrative Code 48.1-01-01, 48.1-01-05 and 48.1-10-01, and the North Dakota Department of Agriculture’s Avian Health page, as checked on 26 October 2026. Outside this finding's scope: No registration duty for people who keep chickens was found in those statutes and rules; the poultry rules read deal with bringing birds into the state, exhibitions and disease testing. The rules behind the dealer and permit statements below were not read, so this is not proof that no keeper duty exists. Authority: North Dakota State Board of Animal Health (as described by the North Dakota Department of Agriculture).
Can I keep chickens in my backyard in North Dakota?
The state law we read gives a named local body its own powers over where hens can live. To promote health, safety, morals or the general welfare, the governing body of any North Dakota city may, subject to Century Code chapter 54-21.3, regulate and restrict the location and use of buildings, structures and land for trade, industry, residence or other purposes. A city’s governing body may also regulate or prohibit animals and poultry running at large. The board of county commissioners of any county may, subject to chapter 54-21.3, regulate and restrict the location and use of buildings and structures and the use of land for residence, recreation and other purposes, and may divide the county into districts subject to the farming and ranching limit in 11-33-02.1. No statewide permission or ban on keeping chickens is established by this finding. Your city or county may zone land use, so check with it. This page doesn't cover township zoning, city charters or local ordinances. Under 11-33-02.1 a board of county commissioners may not prohibit or prevent the use of land or buildings for farming or ranching, or the normal incidents of farming or ranching; farming or ranching includes raising, feeding or producing livestock or poultry. Whether a backyard flock counts as farming or ranching was not established. 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 North Dakota?
Housing orders come and go, so we never show one as current. This page links the official status page to check today. PoultryPal's bird-flu tracker page for North Dakota has the latest we've checked.

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