Of Backyard Chickens and Front Yard Gardens: The Conflict Between Local Governments and Locavores

Urban Farm DB summary

This article addresses the conflict between local governments and "locavores" seeking to use private property to produce food — for personal use and for sale — and municipal zoning ordinances that separate agriculture from residential uses. It examines the police power rationales behind ordinances disallowing urban homesteading in urban and suburban communities, then argues that public health, civic virtue, and free market principles can justify ordinances expressly permitting these activities. It discusses problems associated with industrial agriculture — food insecurity, food deserts, obesity tied to processed foods, monoculture-induced environmental harm, harm to animals, and greenhouse gas emissions — that could be partly alleviated through urban agriculture, noting that some local governments have already begun passing ordinances expressly allowing gardens, chickens, and the sale of produce in residential areas.