When your town says nothing: NH's "silent code"

Lots of New Hampshire towns never wrote a chicken rule. Here's why that silence often works for backyard flocks, and where it doesn't.

The state law

"…whenever agricultural operations or activities as defined in RSA 21:34-a are not explicitly addressed with respect to any zoning district or location, such operations or activities shall be deemed to be permitted there, as either a primary or accessory use, so long as conducted in accordance with best management practices guidelines adopted by the commissioner of the department of agriculture, markets, and food and with applicable federal and state laws, regulations, and rules."

NH RSA 674:32-a, Presumption. Official text. Checked October 28, 2026.

What that means in plain English

• NH's definition of agriculture (RSA 21:34-a) includes raising poultry.
• So if your town's zoning doesn't explicitly address agriculture in your district, keeping a small flock is presumed to be allowed, as long as you follow the state's best management practices.
• "Explicitly addressed" is the key phrase. If your district's use table lists farming or "keeping of farm animals" as prohibited, or the town has a chicken section (like Nashua or Concord), those rules control instead.

Where silence doesn't help

• A town use table that says agriculture or farm animals are not permitted in your district counts as addressing it.
• HOA, condo, and deed restrictions are private rules and aren't affected by this law.
• Nuisance, noise, and trespass rules still apply (for example RSA 635:3 on fowl wandering onto a neighbor's land).

How to check your own town

1. Find your town's zoning ordinance on the town website (often under Planning, Building, or Code Enforcement) and search it for "chicken," "poultry," "fowl," "livestock," and "agricultur."
2. Check the use table for your zoning district (your district is on the town's zoning map or tax card).
3. If nothing mentions chickens, read our silent-code explainer: NH law may treat them as allowed.
4. Call or email the town's zoning administrator or code officer, and ask for the answer in writing.
5. Check your HOA, condo, or deed rules and any lease. They can ban chickens even where the town allows them.

This is general information, not legal advice. When in doubt, get the zoning administrator's answer in writing.