NRO § 93-2 prohibits chickens, fowl, sheep, swine, horses, mules, asses, oxen, cows, and other cattle from being at large in any street, alley, or public place. The Nashua Land Use Code (NRO Chapter 190) restricts the keeping of horses, cattle, sheep, swine, and goats to a limited number of zoning districts (typically rural-residential and certain low-density zones - reportedly just two zones citywide). In most Nashua residential, commercial, and mixed-use districts, livestock keeping is NOT a permitted use. Pre-existing operations may be grandfathered as legal nonconforming uses if not expanded. NRO § 93-3 also requires that any animal structure be 45+ feet from any human-occupied building.
Nashua's livestock framework is the product of two layers: the animal-care and at-large rules in NRO Chapter 93 (Animals) and the zoning-based use restrictions in NRO Chapter 190 (Land Use Code). (1) NRO § 93-2 ANIMALS AT LARGE - no chicken or fowl, sheep, swine, horses, mules, asses, oxen, cows, or other cattle shall be permitted to go at large in any street, highway, lane, alley, common, square, or other public place within the City. The rule is categorical regardless of zoning, and impoundment may follow under NRO Ch. 93's general impoundment provisions. (2) NRO § 93-3 ANIMAL STRUCTURE SETBACK - it shall be unlawful for any person to keep and house any animal in any structure built or located within 45 FEET of any building occupied by human beings in the City except upon special permission from the health officer. The 45-foot rule applies to coops, stables, pens, sheds, and other animal-housing structures and is measured to the neighbor's (or other) human-occupied building, not to the property line. (3) ZONING LAYER - the Nashua Land Use Code (NRO Chapter 190) restricts ANIMAL HUSBANDRY - the breeding, rearing, and keeping of livestock - to a limited number of zoning districts. As reported in the public discussion preceding the backyard-chicken ordinance, animal husbandry historically was permitted in only TWO zones in Nashua (typically the R-40 / rural residential and certain agricultural-overlay districts on the city fringe). In most Nashua residential, commercial, and mixed-use districts, full livestock keeping is NOT a permitted use. (4) GRANDFATHERING - pre-existing animal-husbandry operations are generally allowed to continue as LEGAL NONCONFORMING USES at their established locations PROVIDED the use is not expanded or enlarged. Adding new species, increasing herd size, expanding the footprint of stables or pens, or substantially changing the use can cause loss of grandfathered status. (5) BACKYARD POULTRY EXCEPTION - the Amended O-18-019 ordinance carved out a narrow exception allowing up to six hens with the 20-foot setback and roofed coop in residential zones; it did NOT open up keeping of other livestock. (6) STATE FRAMEWORK - NH RSA Chapter 436 (Livestock and Poultry Disease Control) gives the NH Department of Agriculture, Markets & Food authority over livestock disease, animal identification, brucellosis/tuberculosis control, and movement permits. NH RSA Chapter 466 covers dogs and cats; livestock is regulated separately. NH RSA 644:8 (Cruelty to Animals) applies to all animals including livestock and is a Class A misdemeanor or Class B felony depending on the conduct. (7) ANIMAL WELFARE - NH RSA 644:8-aa specifically addresses chained dogs and animals in motor vehicles; livestock cruelty falls under the general RSA 644:8 framework. (8) MANURE / WATER QUALITY - any substantial livestock operation may be subject to NH Department of Environmental Services rules on manure management and surface-water protection, particularly given Nashua's proximity to the Nashua River. (9) FIELD ENFORCEMENT - Nashua Planning/Zoning Department enforces NRO Ch. 190 zoning violations; Nashua Police Department Animal Control Unit and the City Health Department enforce NRO Ch. 93 care and at-large rules; NH Department of Agriculture enforces RSA Ch. 436 disease-control rules; NH Department of Environmental Services handles water-quality issues.
Allowing any chicken, fowl, sheep, swine, horse, mule, ass, ox, cow, or other cattle to be at large in any street, alley, common, or public place in Nashua violates NRO § 93-2 and may result in impoundment under NRO Ch. 93. Keeping any animal in a structure (coop, stable, pen, shed) located within 45 feet of any human-occupied building, absent special permission from the Health Officer, violates NRO § 93-3. Establishing a livestock operation on a parcel where the Land Use Code (NRO Ch. 190) zoning district does not permit animal husbandry as a permitted or legal-nonconforming use is a violation enforceable by the Nashua Planning/Zoning Department with abatement orders and per-day civil penalties. Expanding or enlarging an existing legal-nonconforming livestock operation (new species, increased herd size, larger footprint, changed use) can cause loss of grandfathered status and trigger zoning enforcement. Intentional cruelty, neglect, or abandonment of livestock violates NH RSA 644:8 - a Class A misdemeanor or Class B felony depending on the conduct. Operating a substantial livestock operation in violation of NH RSA Ch. 436 disease-control rules or NH Department of Environmental Services water-quality rules carries independent state penalties. Field enforcement: Nashua Police Department Animal Control, City Health Department, and Nashua Planning Department.
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