Back Up, You're Standing On My Private Property Use Rights

Some decades ago it was rare to find what we now call a Planned Unit Development (PUD) with a set of Covenants, Conditions and Restrictions (CC&R) though there were many co-operatives (Co-ops) in more urban areas.

As we have grown into a vastly more populous nation it is now a rarity to encounter many areas, specifically speaking to the state of Georgia, where PUDs with restrictive CC&Rs do not exist.

For the sake of this post we are not even going to consider these areas because those are private contracts between home owners in smaller areas delimited normally by subdivision boundaries. Rather we are considering unincorporated areas of a county, for our purposes Cobb County.

Having been a resident of this county for 53 years, born at Kennestone Hospital in 1959, I have certainly seen many changes. As a young man I remember cattle ranches all over the county as well as some pig farms and a few chicken farms.

My father was a builder and developer who partnered with others in both Cobb-Metro Construction and Allied Commercial Developers. His firm built several subdivisions, many homes and quite a few commercial facilities.

During the time my father was in development and construction there were many zoning and property use changes written into the Cobb County Code. One of those had the sole purpose of driving the rural farmer out of the county so the much more lucrative and well populated subdivisions could take their place.

Making Cobb County an unwelcoming territory for farming was as simple as voting in changes to the code to disallow farming activities on smaller lots. As the county was being subdivided by the thousands of acres this would seal the fate of the farms of the past.

For the setting of the stage let me say that my companies, based in unincorporated Cobb County, have facilitated the transactions of nearly 3,800 single family homes in Georgia either by providing the financing or serving as the real estate brokerage.

This gives me a truly professional view of a couple of the topics out for discussion which are property values and county ordinance comprehension by home buyers.

There has been much discussion of late about private home owners desiring to own a few chickens or ducks as pets and/or a source of nutrition. The initial image which seems to jump to the forefront of people's minds is that of long chicken houses with thousands of commercially raised chickens popping up in back yards everywhere.

The reality of the desire is quite different and actually very welcomed to almost everyone who takes a moment to do a little considering over what these Backyard Chicken people are seeking.

Where is the line in the sand over private property use in unincorporated Cobb which should not be crossed? Is it just chickens or will it be more like the restrictive CC&Rs in PUDs? Perhaps one day you will not be able to use a particular type of porch light because the color or size of the fixture is offensive to your neighbor.

Let us be concerned that you may not be able to plant a particular type of flower, or any plant, in your front yard because it may offend passers-by.

Debunking the poultry objections really is simple though most people truly do not know the facts because, quite simply, they have not spent any time around chickens or ducks.

Let's remember the farms are gone and these Backyard Chicken people are not looking to bring those back. They simply want a few clean, quiet, interesting pets which provide the added benefit of an edible gift every day or two.

Chickens stink. Okay, a few hundred chickens cooped up in a barn eating commercial food full of chemicals and piling their droppings in the same area for weeks on end without cleaning the facility do provide an opportunity for stink. I know because as a young boy we had farm property in Pendergrass, Georgia, with two fryer houses of 4,000 birds each. I also picked up eggs from 22,000 laying hens crammed eight to a cage in two long hen houses in Alma, Georgia. A few clean chickens do not stink. In fact they constantly bath themselves unlike most dogs which constantly stink. (I love dogs by the way.) (1)

Chickens are noisy. Actually a few hens are no noisier than a few neighbors visiting on the lawn and that is at the peak of activity. Only roosters crow and that can be controlled as well as there are existing ordinances governing noises on the books in Cobb. My life experience tells me when hens are undisturbed they are very quiet. They do, however, make great guards and will let you know when someone is "messing with them".

Allow me to quote The Chicken Whisperer, Andy Schneider, from the article referenced in "Chickens stink" above: "To put backyard chickens into perspective I often tell people the following. On any given day I have more dog poop in my front yard from other neighbor’s dogs then they have chicken poop in their front yard from my chickens. I have more cat prints on my car from other neighbor’s cats then they have chicken prints on their car from my chickens. And I’m awakened at 2:00am more from other neighbor’s dogs barking then they have ever been awakened at 2:00am from my sleeping hens." (2)

Chickens are unsanitary. If you place 500 chickens in a 25x25 barn with sawdust on the floor and never clean then chickens most certainly may become unsanitary. A teenagers room with food dishes under the bed and dirty clothes piled in the drawers with clean clothes may also become unsanitary. Pretending all small flock (a few chickens or ducks) owners are going to allow these conditions is an insult. (3)

Chickens attract insects. Yes they do and then eat them! Chickens may be the best pesticide your lawn ever had. They also have the added advantage of fertilizing as they go. Now don't think chickens are "poop machines" because in reality a 40 pound dog can "out-poop" eight chickens. Chickens in fact love earwigs, spiders and fly larvae just to name a few. (4)

Chickens devalue property. Insidious. After polling three respected home appraisers and having decades of experience in the homes industry I can and will testify this is utter nonsense. In fact each of the appraisers indicated they would be much more concerned about neighbors with backyard dogs, some swimming pools and certain playground equipment than chickens.

People move to Cobb County expecting not to have chickens next door. All I can say to this is "unreal". In 3,800 (actually more than that) transactions I have very rarely had the buyer even read the CC&R and only some investors even ask about county ordinances. The only people who are consistent in asking about CC&Rs are investors - not private home owners. Again I can and will testify to this.

Please also introduce yourself to some very nice hen houses and an item called a "chicken tractor". Many of these hen houses will look just as nice in your neighborhood as they would have, were I allowed to have them there before I moved, at my 7,000 square foot million dollar home in East Cobb. In fact many are much more attractive than some of the playground sets I have seen.

In summary we should "put the shoe on the other foot" and ask, are your neighbors truly so distrusting in you (yes I mean you) that you are incapable of handling a few birds in a manner up to their taste? If so where does it stop? Perhaps they do not like the way you mow your lawn or the type of cover you have on your gazebo.

Meanwhile we live in a county where a very small minority of faux-powerful people, but very active and boisterous, are using their own prejudice and petty fears to lord those over the masses.

We have a couple of East Cobbers setting the rules for all 600,000+ residents if this diverse county and are in effect saying you do not have the same level of class as we therefore you are not permitted to enjoy the liberty of yet another joy in life. Truly it is a smack in the face to your integrity, intelligence and freedom.

In the end this is about our own ability to keep up standards, our personal ability to choose how we use our own property legally and ethically and our own choices in pets and lifestyle. The Cobb Board of Commissioners is telling you that your neighbor has more rights in your back yard than you. Next they may come for your chiminea ...

(1) http://www.grit.com/Backyard-Poultry-With-the-Chicken-Whisperer/Backyard-Chickens-Have-Unfair-Reputation.aspx
(2) http://www.youtube.com/watch?v=SC0yB3LjM0E
(3) http://www.countryviewvets.com/chick/chick_info3.htm
(4) http://www.lifetransplanet.com/backyard-hens-facts-and-faqs-myths-and-reality/ 

I also encourage you to take about three minutes and watch this short presentation to the Cobb Board of Commissioners by Backyard Chicken advocate Joseph Pond http://www.youtube.com/watch?v=-J71i44XO20