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Brookhaven, NY Animal Ordinances: Chickens & Livestock (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Chicken cap, small lots
6 birds on ≤20,000 sq ft
Chicken cap, larger lots
12 birds on >20,000 sq ft
Roosters
prohibited
Governing section
Code § 85-892E
Horses
40,000 sq ft min lot, max 8

Summary

Brookhaven allows backyard chickens in every residential zoning district but bans roosters outright and caps flock size by lot: Code § 85-892E permits up to six chickens on lots of 20,000 square feet or less and up to 12 on larger lots, with the coop kept out of the front yard.

E. Chickens and roosters. (1) The housing or harboring of chickens shall be permitted in any residential zoning district subject to the following restrictions: (a) Roosters shall be prohibited. (b) A maximum of six chickens on parcels of land measuring 20,000 square feet or less. (c) A maximum of 12 chickens on parcels of land measuring 20,001 square feet or more. (2) Any accessory building or structure or part thereof used for the housing of chickens shall be greater than 10 feet from any side or rear lot line and shall be prohibited in the front yard.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4966897; v79 updated 2026-05-28; through 05-28-2026).

Full Breakdown

Section 85-892, 'Animals,' most recently amended in 2024, treats different species with different rules inside residential districts. Subsection E governs chickens directly: the housing or harboring of chickens is permitted in any residential zoning district subject to restrictions that roosters shall be prohibited, that owners may keep a maximum of six chickens on parcels of land measuring 20,000 square feet or less, and a maximum of 12 chickens on parcels of land measuring 20,001 square feet or more. Any coop or accessory structure used to house chickens must sit more than 10 feet from a side or rear lot line and is barred from the front yard, and Subsection E(3) clarifies that keeping chickens under this section is not treated as 'other agriculture' as defined elsewhere in the Code, so it does not trigger agricultural-use rules.

Other livestock get separate, stricter treatment in the same section. Subsection A requires a special permit from the Board of Appeals to house swine, goats, foxes or mink in any residence district. Subsection C allows horses or other equine livestock in residential districts only as an accessory use for residents, with no boarding or rental, on a lot of at least 40,000 square feet, capped at two horses per 40,000 square feet or major fraction and never more than eight total, with the barn or stable set back at least 50 feet from side and rear lines and corrals fenced at least five feet high. Subsection B sets a 50-foot lot-line setback for any accessory structure housing fowl other than chickens, or other domestic animals besides dogs and cats.

Violations & Fines

Animal-housing violations fall under Brookhaven's general zoning penalty, § 85-158A, since § 85-892 is not among the sections carrying its own enhanced schedule: a first offense is punishable by a fine of $2,500 to $6,000 or up to 15 days in jail, a second offense within five years by $5,000 to $10,000, and a third by $7,500 to $15,000 and up to six months, with each week of continued violation a separate offense.

Frequently Asked Questions

Can I keep a rooster in Brookhaven?
No. Section 85-892E(1)(a) states plainly that roosters shall be prohibited in every residential zoning district, regardless of lot size; only hens are allowed, and the coop must sit more than 10 feet from a side or rear line and stay out of the front yard.
How many chickens can I keep on my property?
It depends on lot size: § 85-892E allows up to six chickens on parcels of 20,000 square feet or less, and up to 12 chickens on parcels of 20,001 square feet or more, town-wide in any residential zoning district.
Can I keep a horse in my backyard in Brookhaven?
Only if the lot is at least 40,000 square feet: § 85-892C caps horses at two per 40,000 square feet, never more than eight, requires the housing to be accessory to a residence with no boarding or rental, and sets a 50-foot setback for any barn or stable.

Sources & Official References

Other rules in Brookhaven

All Brookhaven rules

How Brookhaven compares: Best Cities for Backyard Chickens·New York rules heatmap·Compare Brookhaven to another location·View the New York animal ordinances overview

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