Waukesha County, WI Animal Ordinances: Chickens & Livestock (2026)
Key Facts
- Max chickens allowed
- 5 hens, no roosters
- Minimum lot size
- 1 acre
- Registration required below
- 3 acres
- Coop size cap
- 50 square feet
- Setback from property lines
- 50 feet
- Pen fence height
- 42 inches, covered top
Summary
Unincorporated Waukesha County allows up to five hens (no roosters) on lots of at least one acre, but lots under three acres must register with the Planning and Zoning Division, and every flock is limited to noncommercial, personal use under Sec. 3.21.
(3) Lot size: Chickens kept for the purpose and intent of this section are allowed on any lot a minimum of one (1) acre in size or larger provided all of the dimensional provisions of the Ordinance are met. All lands utilized for the keeping of chickens must be under the same ownership; leasing of adjacent lands is prohibited.
(4) Number and type of recreational chickens allowed: Up to five (5) chickens kept for the purpose and intent of this section are allowed on any lot a minimum of one (1) acre in size or larger. No roosters are allowed. (5)(A) All recreational chicken keeping activities on lots less than three (3) acres shall require registration with the Waukesha County Planning and Zoning Division and a fee in accordance with the Division's fee schedule.
(B) Recreational chicken keeping shall be a noncommercial use. No commercial activities shall be permitted, including barter, and including but not necessarily limited to the sale of eggs, live or dressed chickens, live chicks, feathers, etc.
(C) Onsite slaughter of chickens is prohibited.
Full Breakdown
Sec. 21 governs "Recreational Chicken Use," defined as hobby-level keeping of chickens accessory to a residential use, separate from any farm or agricultural use elsewhere in the ordinance. Subsection (3) requires a lot of at least one acre, with all land used for the chickens under the same ownership; leasing adjacent land to meet the acreage does not count. Subsection (4) caps the flock at five chickens and bans roosters outright. Subsection (5)(A) requires registration with the Waukesha County Planning and Zoning Division, plus a fee under the Division's fee schedule, for any lot smaller than three acres.
Subsection (5)(B) makes clear the use must stay noncommercial: no sale or barter of eggs, live or dressed chickens, live chicks, or feathers is allowed, and all products must be for the owner's personal consumption. Subsection (5)(C) bans onsite slaughter entirely. Coop and pen rules are just as specific: only one coop and pen are allowed per property, capped at 50 square feet, located behind the rear line of the house, at least 10 feet from the residence, and at least 50 feet from all property lines under the cross-referenced Sec.
09(3)(A)2 setback for animal housing. The pen must be fenced to a minimum of 42 inches with a covered top to prevent escape or predator intrusion, and free-ranging is not allowed. If the use ends, the coop, pen and fencing must be removed within six months, and the owner must notify the Planning and Zoning Division so a compliance inspection can be conducted.
Violations & Fines
Keeping chickens without required registration, exceeding the five-hen cap, keeping roosters, or selling eggs or birds are all zoning violations enforced under Sec. 22.03(1): a forfeiture of $50 to $1,000 per offense, with each day of noncompliance counted as a separate violation, plus court costs and up to six months in jail if the forfeiture is not paid. Failing to remove the coop, pen and fencing within six months of ending the use, as required by Sec. 3.21(6)(I), is enforced the same way, and the Zoning Administrator can issue a cease-and-desist order under Sec. 22.02(3)(B).
Frequently Asked Questions
How many chickens can I keep on my property in unincorporated Waukesha County?
Do I need to register my chickens with the county?
Can I sell eggs from my backyard flock?
How close to my property line can the chicken coop be?
Sources & Official References
Other rules in Waukesha County
How Waukesha County compares: Best Cities for Backyard Chickens·Compare Waukesha County to another location·View the Wisconsin animal ordinances overview
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