Can you keep backyard chickens in West Virginia?
West Virginia municipalities may regulate or prohibit keeping animals or fowls (Code 8-12-5), so check yours. Outside them and urban areas, zoning can't limit farm use; whether a backyard flock counts wasn't established.
Read from 12 official sources28 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:
- Every West Virginia municipality has power, by ordinance or resolution, to regulate or prohibit the keeping of animals or fowls and to provide for impounding, selling or destroying animals or fowls kept against the law or found running at large.
- The governing body of a municipality or a county may regulate land use in its area through a comprehensive plan and a zoning ordinance, which may regulate land use and designate or prohibit specific land uses.
No statewide permission or ban on keeping chickens is established by this finding. Your municipality may regulate or prohibit keeping animals or fowls, and your municipality or county may zone, so check with them. This page doesn't cover city charters or local ordinances. Chapter 8A does not authorize any ordinance, rule or regulation that prevents or limits an owner’s complete use, outside municipalities or urban areas, of land of any size for a farm or agricultural operation; an agricultural operation is any facility used for agriculture, which includes poultry husbandry for producing food (19-19-2). Whether a backyard flock is a farm or agricultural operation 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 West Virginia'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: West Virginia
Applies to: West Virginia Code article 19-9 (diseases among domestic animals; sections 19-9-1, 19-9-2, 19-9-7a, 19-9-13, 19-9-14 and 19-9-15 and the article’s section list), as checked on 26 October 2026.
Outside this finding's scope
- No registration duty for poultry keepers was found in those sections. The state rules on collecting farm premises data were not read, so this is not proof that no keeper duty exists.
What the checked sources say
- West Virginia takes part in the U.S. Department of Agriculture’s Animal Disease Traceability program, and the Commissioner of Agriculture may propose rules, for the Legislature’s approval, on collecting farm premises and animal identification data.
Authority: West Virginia Commissioner of Agriculture
Fee: Not established from the sources checked.
The official wording
West Virginia shall be a participating state in the United States Department of Agriculture’s Animal Disease Traceability program.
W. Va. Code § 19-9-7a, first sentence · Checked
The commissioner may propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq . of this code governing the collection of farm premises and animal identification data.
W. Va. Code § 19-9-7a, second sentence · Checked
Bird-flu housing orders
Current status needs rechecking
Check the official current-status pageOrders 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: West Virginia
Applies to: The quarantine powers of West Virginia’s Commissioner of Agriculture (Code 19-9-2, 19-9-13, 19-9-14 and 19-9-15). In this article an “animal” includes poultry, and “premises” is read in its widest sense, including land and any building, pen, coop or enclosure on it (19-9-1).
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.
What the checked sources say
- The Commissioner has the duty and authority to prevent, suppress, control and eradicate communicable diseases of animals or poultry, and to have general or special quarantines of premises, animals and poultry set up and kept in place. Communicable diseases include listed diseases such as Newcastle disease and pullorum disease, and any other disease the Commissioner or the U.S. Department of Agriculture declares communicable.
- Whenever a communicable disease exists anywhere in the state, a quarantine may be set for any locality or premises, or for infected or exposed animals. A special quarantine covers a single animal or a single building, pen, coop, field or enclosure; a general quarantine of wider premises, a locality or a district is set only by the Commissioner’s order and lasts as long as the Commissioner thinks necessary.
- Current mandatory housing status remains unconfirmed; check with the West Virginia Department of Agriculture’s Animal Health Division.
- 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.
(b) "Animal," any domestic equine or bovine animal, sheep, goat, swine, dog, cat or poultry;
W. Va. Code § 19-9-1(b) · Checked
(d) "Premises," is to be taken in its widest sense, and shall include land, any structure, building, pen, coop or inclosure thereon,
W. Va. Code § 19-9-1(d) · Checked
(a) "Commissioner," the state commissioner of agriculture;
W. Va. Code § 19-9-1(a) · Checked
laryngo tracheitis (poultry), leptospirosis, listerellosis, malignant oedema, necrobacillosis, newcastle disease (avian pneumonencephalitis), psittacosis, pullorum disease,
W. Va. Code § 19-9-1(e) (part of the disease list) · Checked
or any other disease which has been or may hereafter be adjudged and proclaimed by the commissioner or the bureau of animal industry of the United States Department of Agriculture to be contagious, infectious or otherwise transmissible or communicable.
W. Va. Code § 19-9-1(e) (end) · Checked
It shall be the duty of the commissioner, and he shall have authority:
W. Va. Code § 19-9-2, opening · Checked
(a) To prevent, suppress, control and eradicate any communicable diseases of animals or poultry;
W. Va. Code § 19-9-2(a) · Checked
(f) To cause general or special quarantine of premises and of animals and poultry to be established and maintained;
W. Va. Code § 19-9-2(f) · Checked
Whenever any communicable disease shall exist anywhere in the state a quarantine of any locality or premises, or of any infected or exposed animals, may be established.
W. Va. Code § 19-9-13, first sentence · Checked
(a) "Special quarantine," which shall mean a quarantine of a single animal; or a quarantine of a single building, structure, pen, coop, car, vessel, vehicle, field or inclosure;
W. Va. Code § 19-9-13(a) · Checked
A general quarantine shall be established and maintained by order of the commissioner only;
W. Va. Code § 19-9-15, second sentence · Checked
Such quarantine shall include such premises, locality or territorial district, and such animals, and shall continue for such time, as may be deemed necessary by the commissioner.
W. Va. Code § 19-9-15 · Checked
Animal Health Division’s mission is to prevent, suppress, control, and if possible, eradicate high-consequence communicable diseases of livestock and poultry as authorized by West Virginia Code and Legislative Rule.
WVDA Animal Health Division page, mission statement · Checked
Small-flock welfare minimums
Conditions apply to this finding
Jurisdiction: West Virginia
Applies to: West Virginia’s cruelty to animals law (Code 61-8-19).
Outside this finding's scope
- The law does not apply to farm livestock, poultry, gaming fowl or wildlife kept in private or licensed game farms if they are kept and maintained according to usual and accepted standards of livestock, poultry, gaming fowl or wildlife or game farm production and management (among other listed exclusions). Whether a backyard flock falls under that exclusion was not established.
- The section read sets no numerical space standard for poultry.
What the checked sources say
- It is unlawful to intentionally, knowingly or recklessly mistreat an animal in a cruel manner, abandon it, or withhold proper food or water, shelter that protects it from the weather, or medical treatment needed to keep it healthy or to end its suffering. A first violation is a misdemeanor with a fine of $300 to $2,000, up to six months in jail, or both. A second or later conviction is a misdemeanor with 90 days to one year in jail, a fine of $500 to $3,000, or both, and the jail term is mandatory unless the provisions of subsection (h) are complied with.
The official wording
(a)(1) It is unlawful for any person to intentionally, knowingly or recklessly,
W. Va. Code § 61-8-19(a)(1), opening · Checked
(A) Mistreat an animal in cruel manner; (B) Abandon an animal; (C) Withhold; (i) Proper sustenance, including food or water; (ii) Shelter that protects from the elements of weather; or (iii) Medical treatment, necessary to sustain normal health and fitness or to end the suffering of any animal;
W. Va. Code § 61-8-19(a)(1)(A)-(C) · Checked
(2) Any person in violation of subdivision (1) of this subsection is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $300 nor more than $2,000 or confined in jail not more than six months, or both.
W. Va. Code § 61-8-19(a)(2) · Checked
(f) The provisions of this section do not apply to lawful acts of hunting, fishing, trapping or animal training or farm livestock, poultry, gaming fowl or wildlife kept in private or licensed game farms if kept and maintained according to usual and accepted standards of livestock, poultry, gaming fowl or wildlife or game farm production and management,
W. Va. Code § 61-8-19(f) · Checked
(g) Notwithstanding the provisions of subsection (a) of this section, any person convicted of a second or subsequent violation of subsection (a) is guilty of a misdemeanor and, shall be confined in jail for a period of not less than ninety days nor more than one year, fined not less than $500 nor more than $3,000, or both.
W. Va. Code § 61-8-19(g), first sentence · Checked
The incarceration set forth in this subsection is mandatory unless the provisions of subsection (h) of this section are complied with.
National or state rules on keeping poultry
Conditions apply to this finding
Jurisdiction: West Virginia
Applies to: West Virginia municipalities’ power to regulate or prohibit keeping animals or fowls (Code 8-12-5, item 25) and municipal and county zoning (8A-7-1 and 8A-7-2), limited outside municipalities or urban areas by 8A-7-10(e).
Outside this finding's scope
- Chapter 8A does not authorize any ordinance, rule or regulation that prevents or limits an owner’s complete use, outside municipalities or urban areas, of land of any size for a farm or agricultural operation; an agricultural operation is any facility used for agriculture, which includes poultry husbandry for producing food (19-19-2). Whether a backyard flock is a farm or agricultural operation was not established.
- No statewide permission or ban on keeping chickens is established by this finding. Your municipality may regulate or prohibit keeping animals or fowls, and your municipality or county may zone, so check with them. This page doesn't cover city charters or local ordinances.
What the checked sources say
- Every West Virginia municipality has power, by ordinance or resolution, to regulate or prohibit the keeping of animals or fowls and to provide for impounding, selling or destroying animals or fowls kept against the law or found running at large.
- The governing body of a municipality or a county may regulate land use in its area through a comprehensive plan and a zoning ordinance, which may regulate land use and designate or prohibit specific land uses.
The official wording
every municipality and the governing body thereof shall have plenary power and authority therein by ordinance or resolution, as the case may require, and by appropriate action based thereon:
W. Va. Code § 8-12-5, opening · Checked
(25) To regulate or prohibit the keeping of animals or fowls and to provide for the impounding, sale or destruction of animals or fowls kept contrary to law or found running at large;
W. Va. Code § 8-12-5(25) · Checked
(a) The governing body of a municipality or a county may regulate land use within its jurisdiction by:
W. Va. Code § 8A-7-1(a) · Checked
(1) Regulating the use of land and designating or prohibiting specific land uses;
W. Va. Code § 8A-7-2(b)(1) · Checked
(e) Nothing in this chapter authorizes an ordinance, rule or regulation preventing or limiting, outside of municipalities or urban areas, the complete use (i) of natural resources by the owner; or (ii) of a tract or contiguous tracts of land of any size for a farm or agricultural operation as defined in §19-19-2 by the owner.
W. Va. Code § 8A-7-10(e), first sentence · Checked
(c) "Agricultural operation" shall mean any facility utilized for agriculture.
W. Va. Code § 19-19-2(c) · Checked
(a) "Agriculture" shall mean the production of food, fiber and woodland products, by means of cultivation, tillage of the soil and by the conduct of animal, livestock, dairy, apiary, equine or poultry husbandry,
W. Va. Code § 19-19-2(a), opening · Checked
Bird flu right now? PoultryPal's bird-flu tracker for West Virginia has the latest we've checked.
Next door
Every state on the map →Common questions
- Do I have to register backyard chickens in West Virginia?
- Registration: not established. The finding covers: West Virginia Code article 19-9 (diseases among domestic animals; sections 19-9-1, 19-9-2, 19-9-7a, 19-9-13, 19-9-14 and 19-9-15 and the article’s section list), as checked on 26 October 2026. Outside this finding's scope: No registration duty for poultry keepers was found in those sections. The state rules on collecting farm premises data were not read, so this is not proof that no keeper duty exists. Authority: West Virginia Commissioner of Agriculture.
- Can I keep chickens in my backyard in West Virginia?
- The state law we read gives a named local body its own powers over where hens can live. Every West Virginia municipality has power, by ordinance or resolution, to regulate or prohibit the keeping of animals or fowls and to provide for impounding, selling or destroying animals or fowls kept against the law or found running at large. The governing body of a municipality or a county may regulate land use in its area through a comprehensive plan and a zoning ordinance, which may regulate land use and designate or prohibit specific land uses. No statewide permission or ban on keeping chickens is established by this finding. Your municipality may regulate or prohibit keeping animals or fowls, and your municipality or county may zone, so check with them. This page doesn't cover city charters or local ordinances. Chapter 8A does not authorize any ordinance, rule or regulation that prevents or limits an owner’s complete use, outside municipalities or urban areas, of land of any size for a farm or agricultural operation; an agricultural operation is any facility used for agriculture, which includes poultry husbandry for producing food (19-19-2). Whether a backyard flock is a farm or agricultural operation 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 West Virginia?
- 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 West Virginia has the latest we've checked.
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