I spoke at the town Board of Commissioners meeting to thank them for Commissioners' quick responses to an email I sent them earlier in the week. I had noticed a few changes in the draft UDO since I spoke to them in September, but still had a few concerns.

The emails I received in response informed me that the North Carolina General Assembly had passed legislation into Hurricane Helene relief, and included in the bill was a new law that forbids down-zoning state-wide, the act of changing the zoning permits of private properties without needing to consult the property owner(s). Apparently, this caused my town to withdraw the draft UDO from further action until they can conclude the draft UDO doesn't violate the new down-zoning law.

So, the draft UDO isn't a problem for the foreseeable future! Great news for me, but some consternation for the mayor and a few Commissioners.

My email is below:

"At September’s Commissioners meeting, I spoke to you about the proposed Draft UDO’s ordinance on the keeping of backyard chickens and how it violates the petition from 2008. After that meeting, I received assurances that the town will look into any inconsistencies between the petition and the Draft UDO.

I am writing now because I saw that the Draft UDO has been updated to remove the chickens-per-acre stipulation in Section 3.4.3.E. Backyard Small Animals Keeping. However the Draft UDO still states that keeping chickens requires a zoning permit, which is inconsistent with our current UDO’s explicit zoning exemption for chickens in Section 3.10.2.B.

In addition, Section 3.4.5.E.3.E still states, quote, “All enclosures shall be removed if the owner no longer maintains the enclosure or if removal is necessary to protect the health, safety, and welfare of the public.” This has remained unchanged from when I presented my concerns in September. I maintain my concerns that the criteria on maintenance and removal is vague and opens the Town to possible violations of several North Carolina General Statutes, the North Carolina Constitution, and the United States Bill of Rights:
N.C. State law forbids forceful removal, kill, maim, and injury of livestock. —NC G.S. 14-366 Molesting or injuring livestock
N.C. State law forbids forceful removal of property except case of bailee. —NC G.S. 99A-1 Recovery of damages for interference with property rights
No Town or City ordinance may regulate standards of care for farm animals, specifically flocks of poultry (greater than 20 birds).
—NC G.S. 160A-203.1 limitations of standards of care for farm animals
—NC Constitution Article 1 Section 7 on illegal suspension of laws
—US Bill of Rights Fourth Amendment on illegal search and seizure of private property

I believe that implementation of the new UDO Draft as-is is in violation of our Constitutional rights, and will position the Town toward preventable lawsuits.

I appreciate that you will weigh my concerns, and that of the will of the people, and respond appropriately."