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Union, NY Right to Farm: Farm Nuisance Protection (2026)

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

Key Facts

Outside ag districts
Rural Residential District only, two-acre minimum parcel for livestock
Livestock count
Two per two-acre minimum, one more per added acre
Poultry
One-acre minimum parcel, six birds per acre
Roosters
None, except one on parcels three acres or larger
Structure setbacks
Livestock 100 feet, poultry 50 feet from property line
Penalty
Up to $250 or 15 days, each day separate

Summary

In the Town of Union outside the Villages of Endicott and Johnson City, Town of Union Code § 300-40.10(C) permits livestock and poultry within an agricultural farming operation in a county-designated agricultural district recognized under the New York State Agriculture and Markets Law. Outside such a district the keeping of livestock or poultry is not permitted, except in the Rural Residential District under set standards.

C. The keeping, sheltering, or maintenance of livestock and/or poultry, within an agricultural farming operation located in a county-designated agricultural district, which said district is recognized and subject to the New York State Agriculture and Markets Law, shall be permitted. The keeping, sheltering, or maintenance of livestock and/or poultry, outside of a county designated agricultural district, and outside of a district recognized and subject to the New York State Agriculture and Markets Law, shall be not be permitted, except in the Rural Residential District and subject to the following standards: (1) Livestock: (a) The minimum parcel size for livestock shall be two acres. (b) A maximum of two livestock may be kept, sheltered, or maintained per the two-acre minimum.

Full Breakdown

Section 300-40.10 of the Town of Union Code defines livestock as any domestic animal of any age, such as cattle, horses, donkeys, mules, burros, sheep, hogs, pigs, goats, or similar animals, and poultry as chickens, ducks, geese, pigeons, fowl, or similar birds of any age. Subsection C then splits the town in two. Inside an agricultural farming operation located in a county-designated agricultural district that is recognized and subject to the Agriculture and Markets Law, keeping, sheltering, or maintaining livestock and poultry is permitted, and that sentence attaches no parcel size or animal count. Everywhere else in the town outside the Villages of Endicott and Johnson City, the keeping is not permitted, with one exception: the Rural Residential District, where the listed standards apply.

For livestock in the Rural Residential District the minimum parcel is two acres, with a maximum of two animals on that two-acre minimum and one additional animal for each additional acre. Livestock must be fenced to stay on the parcel. No barn, shed, or similar structure for livestock shall be located within 100 feet of a property line, and manure, waste, bedding, or other odor-producing material must stay 100 feet from a property line and 100 feet from any private well. Stored manure must sit in a fully enclosed structure with a roof or lid, and manure not used for composting or fertilizing must be removed.

Poultry runs on a smaller scale: a one-acre minimum parcel, a maximum of six birds for each acre, and no roosters at any time except one on parcels three acres or larger. Coops, hutches, and sheds must be 50 feet from a property line, and a building permit is required for the coop and fence, with the fee set by resolution. Feed and water must be available at all times and kept unavailable to rodents, wild birds, and predators.

The Town's other direct reference to farming rights sits in the truck route chapter: § 189-2(B) states that nothing in that chapter limits the right to farm set out in Article 25-AA of the New York State Agricultural and Markets Law.

Violations & Fines

Section 300-60.7 covers any violation of the zoning chapter: on conviction, a penalty or fine up to and not to exceed $250, or imprisonment of not more than 15 days, or both. Each day the violation is committed or continues counts as a separate violation. The Town's attorney, engineering, consultant, and court costs of enforcement become an obligation of the property owner and can be assessed against the real property as a lien collected like other Town charges.

Frequently Asked Questions

Can I keep chickens on a residential lot in the Town of Union?
Outside a county-designated agricultural district, only in the Rural Residential District and only on a parcel of at least one acre. The limit is six birds per acre, roosters are barred except one on parcels of three acres or larger, and the coop and fence need a building permit with a fee set by resolution. The coop must be 50 feet from a property line under § 300-40.10(C)(2).
Do farms in an agricultural district have to meet the acreage and setback standards?
Section 300-40.10(C) permits keeping livestock and poultry within an agricultural farming operation in a county-designated agricultural district in one sentence with no acreage or count attached. The two-acre, one-acre, and setback standards are introduced in the next sentence, which covers keeping outside such districts under the Rural Residential exception.
How far must manure be stored from a private well?
Storage of manure or other odor-producing material, or housing for livestock or poultry, must be at least 100 feet from any private well. Stored manure must be covered by a fully enclosed structure with a roof or lid, and manure not used for composting or fertilizing must be removed. Livestock manure also stays 100 feet from a property line, poultry manure 50 feet.
Does the Town of Union code say anything about the right to farm?
Section 189-2(B), in the Through Truck Route System Law, states that nothing in that chapter shall be deemed to limit the right to farm as set forth in Article 25-AA of the New York State Agricultural and Markets Law. It is a clause about the truck route chapter and sits apart from the livestock rules in § 300-40.10.

Sources & Official References

Other rules in Union

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