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HB 4049

Office of General Counsel of City of Jacksonville, Duval County

2026 Regular Session Introduced by Wyman Duggan

Allows kept egg-laying hens on parcels of at least 1/4 acre without special land-use approval if limits of 5 hens per 1/4 acre or 25 total are met.

Approved by Governor
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Bill Summary · HB 4049

Summary — HB 4049 (Amendment to Michigan Zoning Enabling Act, MCL 125.3204)

Main purpose
HB 4049 amends section 204 of the Michigan Zoning Enabling Act (2006 PA 110; MCL 125.3204) to make the rearing of egg‑laying hens a permitted residential use (not requiring a special land‑use approval) when certain parcel‑size and flock‑size limits are met.

Key provisions

  • Adds a provision that the rearing of egg‑laying hens is a permitted use under a zoning ordinance and is not subject to special land‑use approval or any other approval under the Zoning Enabling Act if both conditions are met:
    • The property is at least 1/4 acre in size; and
    • The number of hens does not exceed 5 hens per 1/4 acre of property, or a total of 25 hens, whichever is less.
  • Explicitly preserves local authority to regulate accessory conditions associated with the use: municipalities may still regulate noise, advertising, traffic, hours of operation, or other conditions that accompany hen rearing.
  • Amends MCL 125.3204 (sec. 204) of the Zoning Enabling Act.
  • Enacting section: The amendment does not take effect unless House Bill No. 4050 (tie‑bar) is enacted into law.

Who is affected

  • Single‑family property owners and occupants in Michigan with parcels of at least 1/4 acre who wish to keep egg‑laying hens.
  • Local units of government and zoning authorities: the bill limits their ability to require special land‑use approvals for qualified hen keeping but retains authority to adopt and enforce nuisance‑type regulations (noise, traffic, hours, advertising, etc.).
  • Neighborhoods and communities: potential changes in small‑scale urban/rural backyard poultry activity and related neighborhood impacts.

Procedural/timeline notes

  • Statutory target: amends MCL 125.3204 (2006 PA 110).
  • Introduced in the Michigan House (filed and first read Jan 30, 2025; introduced March 7, 2025 per summary metadata).
  • The bill’s substantive amendment will only become effective if HB 4050 is also enacted (tie‑bar condition).

Potential impacts and considerations

  • Would expand homeowners’ ability to keep egg‑laying hens without undergoing zoning special‑use procedures, likely increasing small‑scale poultry keeping where parcel size and flock limits are satisfied.
  • Local governments retain authority to address public‑health and nuisance concerns through objective regulations, but cannot impose a prior special land‑use approval as a condition for keeping hens under the stated limits.
  • Practical effects will depend on local regulation details and whether the companion bill (HB 4050) is enacted.

Compiled from official sources — confirm details with the bill’s official record.

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