Is Backyard Chickens Legal in West Virginia? (2026)
Yes — Backyard Chickens are legal in West Virginia as of 2026.
Law changed in 2025: A bill (SB 805) was introduced in March 2025 to make HOA restrictions on backyard chickens unenforceable, which could impact local regulations if passed. There have been no other significant statewide legislative changes since 2023.
Quick Answer
Backyard Chickens are legal in West Virginia. A bill (SB 805) was introduced in March 2025 to make HOA restrictions on backyard chickens unenforceable, which could impact local regulations if passed.
What the Law Says
West Virginia has no state law on backyard chickens. Local ordinances, where they exist, regulate the keeping of chickens.
— W. Va. Code § 20-1-2
| Category | Details |
|---|---|
| State Regulations | Legal under state law; local ordinances vary widely |
| Local Ordinance Rules | Legal to sell chickens and supplies |
| Violation Penalties | Violations of local ordinances may result in fines or required removal of chickens. |
| Pending Legislation | None known |
A bill (SB 805) was introduced in March 2025 to make HOA restrictions on backyard chickens unenforceable, which could impact local regulations if passed. There have been no other significant statewide legislative changes since 2023.
Enforcement Reality
Enforcement is handled by local municipalities, with cities like Barboursville and Oak Hill having specific ordinances. The West Virginia Department of Agriculture (WVDA) oversees statewide animal health and poultry processing regulations.
A common mistake is failing to obtain a required city permit. Another is not adhering to local ordinances that often ban roosters and limit the number of hens.
Local Exceptions
None identified. State law applies uniformly across West Virginia. Local ordinances may still vary — check with your city or county government for any additional rules.
Bottom Line
Backyard Chickens are legal in West Virginia. You can keeping backyard chickens without violating state law, though federal rules and local ordinances may still apply. Always verify current law before acting.
West Virginia vs. the Rest of the US
Across the US, keeping backyard chickens is fully legal in 41 states, restricted in 9, and illegal in 0. West Virginia falls in the LEGAL category.
View the full 50-state map →Neighboring States
Laws change at state lines. Here is how bordering states compare on Backyard Chickens:
Frequently Asked Questions
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Reviewed by cross-referencing the cited state statute against current legislative databases and regulatory publications.
Sources & Verification
This page was reviewed by Ethan Harper by comparing the legal status against the cited state statute. AllowedHere is an informational resource and does not provide legal advice. Consult a licensed attorney for guidance specific to your situation.
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