Bill Description: House Bill 404 would prohibit HOAs from banning chicken ownership entirely for single family homes on large lots, while still allowing local government bans on the practice.

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NOTE House Bill 404 is related to Senate Bill 1026 (2025)

Does it violate the spirit or the letter of either the U.S. Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the U.S. Constitution or the Idaho Constitution?

House Bill 404 would amend Section 22-1002, Idaho Code, and create Section 22-1003, Idaho Code, to define chickens and prohibit HOAs from banning chicken ownership entirely for single family homes on lots of a quarter acre or larger. 

The bill says, "A homeowner's association shall not prohibit chicken ownership entirely, but may adopt reasonable rules related to the housing and pasturing of chickens, including but not limited to rules regarding manure and odor management or a prohibition or restriction on the ownership of roosters, provided that such rules do not impose undue burdens on the homeowner's rights to raise chickens for personal use."

The bill says, "The Idaho legislature maintains that, as recognized in section 22-4501, Idaho Code, the right to farm is a natural right and is recognized as a permitted use throughout the state of Idaho."

Ironically, it also says, "City, county, and other local ordinances shall prevail over this section." It is inconsistent to protect a recognized natural right by prohibiting HOA regulations but then allow cities and counties to violate that right.

This bill takes a small step to support property rights by prohibiting an outright ban on chicken ownership by an HOA, but it only applies that protection to single family homes on large lots (over 10,890 square feet). It still allows HOAs to regulate the practice and cities as well as counties to ban it.

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