Can you keep backyard chickens in Wisconsin?
Keeping any poultry in Wisconsin, even a few hens? Register the location with DATCP: it's free and expires every third July 31. The one exemption in ATCP 17.02(1), for religious objection, needs an affidavit and more.
Read from 10 official sources53 passages quotedChecked October 24, 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:
- A city council may, by ordinance and to promote health, safety, morals or the general welfare, regulate and restrict the location and use of buildings, structures and land for residence or other purposes, and may divide the city into zoning districts.
No statewide permission or prohibition on keeping chickens is established by this finding. A city council may zone land use, so check with your city. This page doesn't cover village, town or county powers, local ordinances, or HOA, rooster and setback rules.
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 Wisconsin'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
Rule identified for the scope below
Jurisdiction: Wisconsin
Applies to: Anyone who keeps poultry, including domesticated chickens, at a location in Wisconsin, under Wis. Stat. s. 95.51 and Wis. Admin. Code ch. ATCP 17.
Outside this finding's scope
- The only exemption found in ATCP 17.02(1) is the religious-objection route in par. (b), which requires an affidavit, a religious leader who can verify the belief, the contact and livestock information the rule lists, and an agreement to tell the department within 7 days if other livestock types are obtained. Later parts of ATCP 17 were not checked.
- This finding does not give permission to keep birds at a property; local rules still apply.
What the checked sources say
- Wisconsin law says no person may keep poultry at a location in the state unless that location is registered with the Department of Agriculture, Trade and Consumer Protection (DATCP). Keeping includes owning, feeding, housing or caring for the birds.
- Register on the department’s form, giving the information the statute lists, including the address of each location where you keep livestock.
- There is no fee to register. A registration expires every third July 31 after July 31, 2013, so it must be renewed.
- The statute lets DATCP make rules exempting keepers by the number or type of animals or the type of location; the only exemption in ATCP 17.02(1) is the religious-objection route.
Thresholds
- No minimum flock size appears in Wis. Stat. s. 95.51(2) or ATCP 17.02(1); the duty applies to keeping any poultry.
Exemptions and their limits
- Religious objection: an individual who files an affidavit that they belong to and follow an established religion whose tenets oppose livestock premises registration, names a religious leader who can verify this, files the information ATCP 17.02(1)(c) lists, and agrees to tell the department within 7 days if other livestock types are obtained may keep livestock without registering.
Authority: Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP)
Fee: ATCP 17.02(1)(a) says there is no fee to register.
The official wording
In this section, "livestock" means bovine animals, equine animals, goats, poultry, sheep, swine, farm-raised deer, and any other kind of animal that the department identifies by rule for the purposes of this section.
Wis. Stat. s. 95.51(1) · Checked
Except as provided under sub. (3m), no person may do any of the following at a location in this state unless that person registers that location with the department:
Wis. Stat. s. 95.51(2)(a), opening · Checked
Keep any bovine animals, equine animals, goats, sheep, swine, poultry, or farm-raised deer.
Wis. Stat. s. 95.51(2)(a)1. · Checked
A person shall register under par. (a) on a form provided by the department and shall provide all of the following information:
Wis. Stat. s. 95.51(2)(b), opening · Checked
The address of each location at which the registrant keeps livestock in this state.
Wis. Stat. s. 95.51(2)(b)3. · Checked
The department may promulgate rules specifying exemptions from sub. (2), including exemptions based on the number or type of livestock kept by a person or on the type of locations where a person keeps livestock.
Wis. Stat. s. 95.51(3m) · Checked
Except as provided in par. (b), a person may not keep livestock at a location in this state unless that location is registered under this section. There is no fee to register. A registration expires every third July 31 after July 31, 2013.
Wis. Admin. Code s. ATCP 17.02(1)(a) · Checked
"Livestock" means bovine animals, equine animals, goats, poultry, sheep, swine other than wild hogs, farm-raised deer, captive game birds, South American camelids, ratites, and fish from a fish farm.
Wis. Admin. Code s. ATCP 17.01(23) · Checked
"Poultry" means domesticated fowl commonly used for human food, including domesticated chickens, turkeys, geese, ducks, guinea fowl, squab, ratites, and captive game birds.
Wis. Admin. Code s. ATCP 17.01(28) · Checked
"Keep livestock" means to own, feed, house, confine, or care for livestock, or to exercise legal or physical control over livestock.
Wis. Admin. Code s. ATCP 17.01(22), first sentence · Checked
"Department" means the Wisconsin department of agriculture, trade and consumer protection.
Wis. Admin. Code s. ATCP 17.01(17) · Checked
An individual may keep livestock at a location in this state without registering the location under par. (a), provided all of the following apply:
The individual files with the department an affidavit swearing or affirming that the individual is a member of, and follows, an established religion whose tenets and teachings include a sincerely held religious belief opposing registration of a livestock premises as required by s. 95.51 (2), Stats.
Wis. Admin. Code s. ATCP 17.02(1)(b)1. · Checked
The individual provides the name and requested contact information of a religious leader who can verify that the religion's tenets and teachings oppose registering a livestock premises.
Wis. Admin. Code s. ATCP 17.02(1)(b)2. · Checked
The individual files the information required under par. (c).
Wis. Admin. Code s. ATCP 17.02(1)(b)3. · Checked
If additional livestock types are obtained, the individual agrees to contact the department within 7 days to state what livestock are being kept.
Wis. Admin. Code s. ATCP 17.02(1)(b)4. · 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 2026-10-24
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: Wisconsin
Applies to: Quarantine and confinement powers of DATCP over animals, including poultry, under Wis. Stat. ss. 93.07(10) and 95.23.
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, control area or housing order applies now.
What the checked sources say
- To prevent, control and eradicate communicable animal diseases, DATCP may establish, maintain and enforce quarantine and other measures on the importation, movement and care of animals and their products, the disinfection of suspected places and the disposition of animals, as it determines necessary.
- On reasonable notice from the department, owners or people in charge of animals must have them restrained or confined so they can be identified, examined, tested or treated. Once animals are quarantined, no one may remove them from the premises or otherwise break the quarantine’s terms without the department’s written permit.
- As checked on 24 October 2026, DATCP’s avian influenza page said anyone who suspects a reportable animal disease must report it to a federal or state animal health official, and linked a map of current HPAI control areas and surveillance zones.
- 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.
For these purposes, the department may establish, maintain, enforce, and regulate such quarantine and such other measures relating to the importation, movement, and care of animals and their products, the disinfection of suspected localities and articles, and the disposition of animals, as the department determines are necessary.
Wis. Stat. s. 93.07(10), second sentence · Checked
To protect the health of animals located in this state and of humans residing in this state and to determine and employ the most efficient and practical means for the prevention, suppression, control, and eradication of communicable diseases among animals.
Wis. Stat. s. 93.07(10), first sentence · Checked
"Department" means the department of agriculture, trade and consumer protection.
Wis. Stat. s. 93.01(3) · Checked
Upon reasonable notice from the department, owners or persons in charge of animals shall cause them to be restrained or confined so that they may be identified, examined and tested or otherwise treated or disposed of as authorized by law.
Wis. Stat. s. 95.23(3) · Checked
When any animals or materials infected or suspected of being infected have been quarantined, no person shall remove them from the premises, or otherwise fail to comply with the terms of the quarantine, except upon written permit from the department.
Wis. Stat. s. 95.23(4) · Checked
Authorized inspectors and agents of the department may enter at reasonable times any premises, building or place to investigate the existence of animal diseases
Anyone (veterinarians, producers, animal owners, etc.) who suspects a reportable animal disease is required to report it to a Federal or State Animal Health Official.
DATCP HPAI in Poultry page, "How to Report Diseases" · Checked
A map of current HPAI Control Areas and Surveillance Zones in Wisconsin is available at this link.
DATCP HPAI in Poultry page, "HPAI Surveillance Zone and Control Area Resources" · Checked
Highly Pathogenic Avian Influenza in Poultry
DATCP HPAI in Poultry page, title · Checked
Small-flock welfare minimums
Rule identified for the scope below
Jurisdiction: Wisconsin
Applies to: Any living warm-blooded animal, including chickens, under Wisconsin’s crimes-against-animals chapter, Wis. Stat. ch. 951.
Outside this finding's scope
- For farm animals (warm-blooded animals normally raised on US farms for food or fiber), the shelter section imposes nothing more stringent than normally accepted husbandry practices in the county where the animal or shelter is.
- The chapter may not be read to controvert laws on regulated wild animals, taking wild animals, or slaughter by persons acting under state or federal law. It does not apply to teaching, research or experimentation under a protocol approved by an educational or research institution at facilities regulated under the federal laws the statute cites, or to bona fide scientific research involving species unregulated by federal law.
- This finding is not a complete welfare code and sets no numerical space standard or property permission.
- The ban on cruel treatment does not prohibit normal and accepted veterinary practices.
What the checked sources say
- No one may treat any animal, their own or another’s, in a cruel manner, meaning causing unnecessary and excessive pain or suffering or unjustifiable injury or death.
- If you own or are responsible for confining an animal, you must give it enough food to keep it in good health and, unless potable water is always accessible, water every day in sufficient quantity for its health.
- You must also provide proper shelter: indoors, a temperature and ventilation compatible with the animal’s health; outdoors, natural or artificial shelter suited to local weather as needed for its health; sound housing that protects the animals and gives each adequate freedom of movement; and periodic cleaning of waste and dirt.
The official wording
"Animal" includes every living:
Wis. Stat. s. 951.01(1), opening · Checked
Warm-blooded creature, except a human being;
Wis. Stat. s. 951.01(1)(a) · Checked
"Farm animal" means any warm-blooded animal normally raised on farms in the United States and used or intended for use as food or fiber.
Wis. Stat. s. 951.01(3) · Checked
No person may treat any animal, whether belonging to the person or another, in a cruel manner. This section does not prohibit normal and accepted veterinary practices.
Wis. Stat. s. 951.02 · Checked
"Cruel" means causing unnecessary and excessive pain or suffering or unjustifiable injury or death.
Wis. Stat. s. 951.01(2) · Checked
No person owning or responsible for confining or impounding any animal may fail to supply the animal with a sufficient supply of food and water as prescribed in this section.
Wis. Stat. s. 951.13, opening · Checked
The food shall be sufficient to maintain all animals in good health.
Wis. Stat. s. 951.13(1) · Checked
If potable water is not accessible to the animals at all times, it shall be provided daily and in sufficient quantity for the health of the animal.
Wis. Stat. s. 951.13(2) · Checked
No person owning or responsible for confining or impounding any animal may fail to provide the animal with proper shelter as prescribed in this section.
Wis. Stat. s. 951.14, first sentence · Checked
In the case of farm animals, nothing in this section shall be construed as imposing shelter requirements or standards more stringent than normally accepted husbandry practices in the particular county where the animal or shelter is located.
Wis. Stat. s. 951.14, second sentence · Checked
Natural or artificial shelter appropriate to the local climatic conditions for the species concerned shall be provided as necessary for the health of the animal.
Wis. Stat. s. 951.14(2)(b)1. · Checked
Enclosures shall be constructed and maintained so as to provide sufficient space to allow each animal adequate freedom of movement.
The ambient temperature shall be compatible with the health of the animal.
Wis. Stat. s. 951.14(1)(a) · Checked
Indoor housing facilities shall be adequately ventilated by natural or mechanical means to provide for the health of the animals at all times.
Wis. Stat. s. 951.14(1)(b) · Checked
The housing facilities shall be structurally sound and maintained in good repair to protect the animals from injury and to contain the animals.
Wis. Stat. s. 951.14(3)(a) · Checked
Minimum standards of sanitation for both indoor and outdoor enclosures shall include periodic cleaning to remove excreta and other waste materials, dirt and trash so as to minimize health hazards.
Wis. Stat. s. 951.14(4) · Checked
This chapter may not be interpreted as controverting any law regulating wild animals that are subject to regulation under ch. 169, the taking of wild animals, as defined in s. 29.001 (90), or the slaughter of animals by persons acting under state or federal law.
Wis. Stat. s. 951.015(1) · Checked
This chapter does not apply to:
Wis. Stat. s. 951.015(3), opening · Checked
Bona fide scientific research involving species unregulated by federal law.
Wis. Stat. s. 951.015(3)(b) · Checked
Teaching, research, or experimentation conducted pursuant to a protocol or procedure approved by an educational or research institution, and related incidental animal care activities, at facilities that are regulated under 7 USC 2131 to 2159 or 42 USC 289d.
Wis. Stat. s. 951.015(3)(a) · Checked
National or state rules on keeping poultry
Conditions apply to this finding
Jurisdiction: Wisconsin
Applies to: Wisconsin city councils’ zoning power over land use and the state right-to-farm statute’s limits on nuisance claims.
Outside this finding's scope
- No statewide permission or prohibition on keeping chickens is established by this finding. A city council may zone land use, so check with your city. This page doesn't cover village, town or county powers, local ordinances, or HOA, rooster and setback rules.
- Whether a backyard flock counts as an "agricultural use" protected by the right-to-farm statute was not established; the statute borrows that definition from a section that was not checked.
What the checked sources say
- A city council may, by ordinance and to promote health, safety, morals or the general welfare, regulate and restrict the location and use of buildings, structures and land for residence or other purposes, and may divide the city into zoning districts.
- The right-to-farm statute says local governments can best prevent conflicts between farming and other land uses through zoning, and urges them to use that power. It bars a nuisance finding against an agricultural use or practice only when it is conducted on, or on a public right-of-way next to, land that was in agricultural use without substantial interruption before the plaintiff began the use said to be interfered with, and it does not present a substantial threat to public health or safety.
The official wording
For the purpose of promoting health, safety, morals or the general welfare of the community, the council may regulate and restrict by ordinance,
Wis. Stat. s. 62.23(7)(am), opening · Checked
and the location and use of buildings, structures and land for trade, industry, mining, residence or other purposes if there is no discrimination against temporary structures.
Wis. Stat. s. 62.23(7)(am), first sentence, closing · Checked
For any and all of said purposes the council may divide the city into districts of such number, shape, and area as may be deemed best suited to carry out the purposes of this section; and within such districts it may regulate and restrict the erection, construction, reconstruction, alteration or use of buildings, structures or land.
The legislature further asserts its belief that local units of government, through the exercise of their zoning power, can best prevent such conflicts from arising in the future, and the legislature urges local units of government to use their zoning power accordingly.
Wis. Stat. s. 823.08(1), final sentence · Checked
An agricultural use or an agricultural practice may not be found to be a nuisance if all of the following apply:
Wis. Stat. s. 823.08(3)(a), opening · Checked
The agricultural use or agricultural practice does not present a substantial threat to public health or safety.
Wis. Stat. s. 823.08(3)(a)2. · Checked
"Agricultural use" has the meaning given in s. 91.01 (2).
Wis. Stat. s. 823.08(2)(b) · Checked
The agricultural use or agricultural practice alleged to be a nuisance is conducted on, or on a public right-of-way adjacent to, land that was in agricultural use without substantial interruption before the plaintiff began the use of property that the plaintiff alleges was interfered with by the agricultural use or agricultural practice.
Wis. Stat. s. 823.08(3)(a)1. · Checked
Bird flu right now? PoultryPal's bird-flu tracker for Wisconsin has the latest we've checked.
Next door
Every state on the map →Common questions
- Do I have to register backyard chickens in Wisconsin?
- Registration: required. The finding covers: Anyone who keeps poultry, including domesticated chickens, at a location in Wisconsin, under Wis. Stat. s. 95.51 and Wis. Admin. Code ch. ATCP 17. No minimum flock size appears in Wis. Stat. s. 95.51(2) or ATCP 17.02(1); the duty applies to keeping any poultry. Outside this finding's scope: The only exemption found in ATCP 17.02(1) is the religious-objection route in par. (b), which requires an affidavit, a religious leader who can verify the belief, the contact and livestock information the rule lists, and an agreement to tell the department within 7 days if other livestock types are obtained. Later parts of ATCP 17 were not checked. This finding does not give permission to keep birds at a property; local rules still apply. Exemptions and their limits: Religious objection: an individual who files an affidavit that they belong to and follow an established religion whose tenets oppose livestock premises registration, names a religious leader who can verify this, files the information ATCP 17.02(1)(c) lists, and agrees to tell the department within 7 days if other livestock types are obtained may keep livestock without registering. Authority: Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP).
- Can I keep chickens in my backyard in Wisconsin?
- The state law we read gives a named local body its own powers over where hens can live. A city council may, by ordinance and to promote health, safety, morals or the general welfare, regulate and restrict the location and use of buildings, structures and land for residence or other purposes, and may divide the city into zoning districts. No statewide permission or prohibition on keeping chickens is established by this finding. A city council may zone land use, so check with your city. This page doesn't cover village, town or county powers, local ordinances, or HOA, rooster and setback 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 Wisconsin?
- 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 Wisconsin has the latest we've checked.
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