Davis County, UT Animal Ordinances: Chickens & Livestock (2026)
Key Facts
- Governing law
- Utah Code § 17-41-403 (Nuisances)
- Protection scope
- Agricultural activity inside a protection area only
- Standard
- Sound agricultural practices, not public health threats
- Subdivision notice
- Required within 300 feet of a protection area
- Last amended
- Chapter 81 & 227, 2019 General Session
- Cross-reference
- County Code ch. 6.16 fowl-trespass rule still applies
Summary
Utah Code section 17-41-403 protects agricultural activity, including raising chickens and other livestock, inside a designated agriculture protection area from nuisance complaints. Davis County must exclude sound farming operations from its own nuisance ordinances, and the same section is a complete defense in any civil or criminal nuisance case, unless the activity threatens public health or safety.
(1) A political subdivision shall ensure that any of the political subdivision's laws or ordinances that define or prohibit a public nuisance exclude from the definition or prohibition: (a) for an agriculture protection area, any agricultural activity or operation within an agriculture protection area conducted using sound agricultural practices unless that activity or operation bears a direct relationship to public health or safety... (2) In a civil action for nuisance or a criminal action for public nuisance under Section 76-10-803, it is a complete defense if the action involves agricultural activities and: (a) those agricultural activities were: (i) conducted within an agriculture protection area; and (ii) not in violation of any federal, state, or local law or regulation relating to the alleged nuisance or were conducted according to sound agricultural practices; or (b) a defense under Section 4-44-201 applies.
Full Breakdown
Section 17-41-403 requires every political subdivision, including Davis County, to write its nuisance ordinances so they exclude any agricultural activity or operation inside a formally established agriculture protection area, so long as the operation follows sound agricultural practices and does not bear a direct relationship to public health or safety. That protection reaches poultry, fowl and livestock keeping the same as row crops or dairies: an owner sued or cited over odor, noise or flies from a backyard flock or a small herd can raise the statute as a complete defense in a civil nuisance suit or a criminal public nuisance charge under Utah Code section 76-10-803, provided the animals were kept within the protection area and the keeping did not violate any other federal, state or local law.
16 still applies to birds that wander onto a neighbor's land regardless of where they are kept. Anyone buying land within 300 feet of an agriculture protection area boundary must also see a recorded plat notice warning that ordinary farm annoyances, including animal odor and noise, come with the territory and are not grounds for a later complaint. The legislature last amended the section by Chapter 81 and Chapter 227 of the 2019 General Session, both effective May 14, 2019.
Violations & Fines
Losing the shield does not create a new penalty by itself; it only removes the defense. If a chicken or livestock operation is found to threaten public health or safety, or breaks another law along the way, the keeper faces an ordinary civil nuisance suit or criminal prosecution for public nuisance under Utah Code section 76-10-803, on top of any separate citation Davis County Animal Care issues under County Code chapter 6.16 for animals running at large or improperly fenced livestock.
Frequently Asked Questions
Does this statute let me keep chickens anywhere in unincorporated Davis County?
What counts as 'sound agricultural practices' under the statute?
What must a new subdivision near a protection area disclose to buyers?
Can a neighbor still sue over smell or noise from livestock?
Sources & Official References
Other rules in Davis County
How Davis County compares: Best Cities for Backyard Chickens·Compare Davis County to another location·View the Utah animal ordinances overview
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