Photo by Janelle Patterson M.J. Ebenhack walks her two 5-year-old Pygora goats, Sadie, left, and Warren, up her driveway from Colegate Drive in Marietta.

MARIETTA — Urban and rural access to the benefits of small livestock farming is under scrutiny in the Ohio legislature this month as lawmakers consider a bill that would prohibit cities, townships and other zoning authorities from regulating or banning backyard chickens, goats and other small animals.

“I think I’m a proponent of it,” said Marcus McCartney, Washington County’s Ohio State University Extension educator, of House Bill 124. “You don’t want to exclude anyone from the opportunity to have an appreciation for raising an animal, whether it’s a 4-H kid or adults in urban communities who want to have their own fresh eggs or fibers from goats.”

The bill was introduced by Ohio Rep. Tom Brinkman, R-Mt. Lookout, in response to constituents opposing restrictions for raising chickens in their yards. Some local Ohio governments prohibit the keeping of small livestock, including a township near Cincinnati (West Chester), Perrysburg near Toledo and Beavercreek (a Dayton suburb).

McCartney said in Belpre, city ordinances don’t outright prohibit backyard livestock but do require a resident to obtain a permit to have one on their property.

No such regulation exists in Marietta, which merely requires residents to follow state codes and to not be a nuisance in noise or odor to their neighbors.

“I know of several people in city limits who have goats and chickens,” said McCartney. “The Ohio Department of Agriculture does have guidelines per species for minimum space they need and safe housing requirements though.”

Washington County Dog Warden Kelly McGilton said she has responded to complaints of free-range chickens out in Washington County along Ohio 550 and in other areas.

“There is an Ohio Revised Code already in place which states you have to keep your animals on your property,” she said. “I’ve had to cite people in nuisance complaints… even out in the county, we have areas where your neighbors are in similar proximity to what we see in Marietta. What we run into in the county is where residents will own multiple chickens and allow them to free range into other neighbors’ lawns.”

But once the animal crosses onto another resident’s property, they’re an issue, she said.

“They could be eating neighbors’ bird seed, defecating on the property and even tearing up landscaping,” McGilton said. “We had one issue last week where the chickens were flying over the neighbor’s fence and would chase the children, so the children were afraid to go outside.”

McGilton said she doesn’t enforce small livestock regulations within municipal limits unless called in by the local law enforcement agency.

But Marietta Police Capt. Aaron Nedeff said within city limits he’s not had any issues.

“I know there are a few people who keep chickens and goats in town, but we don’t have many complaints,” he said, noting as long as noise and odor aren’t an issue he doesn’t see a need to ban the animals.

McGilton and McCartney agreed, emphasizing neighborly behavior.

“If people are respectful of your neighbors and their property, then there’s not an issue,” McGilton said.

Above Colegate Drive in Marietta, the Ebenhacks made sure years ago that their neighbors were OK with their furry friends before fencing in a portion of their property for their small livestock.

“We have two 5-year-old Pygora goats, they’re a cross between Pygmies and Angoras,” said MJ Ebenhack. “We have three acres of land, and much of it is wooded, and our neighbors will even allow Sadie and Warren to browse through their woods in the summer.”

Ebenhack said she and her husband Ben were interested in getting the goats because much of their property is steep and hilly, so mowing a grassy lawn would have been difficult.

“But these two love the terrain and are herd animals so they just follow me whenever I’m outside,” she said. “We’ll even go on walks down the driveway, and they love to run.”

According to the legislation under consideration in the Ohio House right now, property owners would still be limited in the number of small livestock allowed on their residential properties–by the acreage available.

The current draft allows per one acre of land:

* Up to three goats.

* Up to 20 chickens or other small fowl, not including roosters.

* Up to 20 rabbits or other small animals.

It outlines the parameters as units of small livestock, maintaining that all animals be kept in a “comfortable and sanitary manner” and kept more than 10 feet from neighboring property lines.

“Not only does this provide great urban exposure to adults and children alike to the agriculture industry, but it also has a ripple effect on other markets like the farmers who provide the grain to feed these animals,” said McCartney. “Whether you’re raising a chicken for 4-H or you’re an adult who shares eggs with your neighbors, (having small livestock) is a great opportunity to be a more well-rounded person.”