Cobb County Chicken Ordinance: Limits, Coop Rules, and HOAs

The Cobb County chicken ordinance, Section 134-290 of the county code, lets you keep backyard hens in unincorporated Cobb County at a ratio of one hen per 5,000 square feet of lot area, provided you register with the Community Development Agency, keep the coop at least 25 feet from every property line, and keep no roosters. If your address sits inside Marietta, Kennesaw, Smyrna, Acworth, or Powder Springs, a different city ordinance applies instead.

Check Whether the County Rules Even Apply to You

Section 134-290 covers unincorporated Cobb County only. Properties inside the city limits of Marietta, Acworth, Kennesaw, Smyrna, or Powder Springs fall under that city’s own poultry ordinance, with its own setbacks and flock limits. Marietta, for example, permits chickens in its R-1 through R-4 zoning districts under rules that differ from the county’s.

Before you go any further, confirm your jurisdiction. The county’s online zoning viewer lets you search any address to see whether it’s in unincorporated Cobb or inside a city, along with its zoning classification.¹ Everything that follows applies only to unincorporated parcels.

How Many Hens You Can Keep

Section 134-290 governs lots smaller than 80,000 square feet (about 1.84 acres). The limit is one hen per 5,000 square feet of total lot area. A 10,000-square-foot lot allows two hens. A typical 15,000-square-foot lot allows three.²

Only hens are allowed. The ordinance carves out no exception for bantam roosters, silkies, or any other male poultry, regardless of breed or noise level, and it does not cover peacocks, guinea fowl, or other non-chicken birds.² On-site slaughter is prohibited. These birds are for eggs and companionship.

Lots of 80,000 square feet or larger fall under separate agricultural provisions elsewhere in the code, with their own setback rules, including a 100-foot setback from property lines for animal buildings.

Where the Coop Can Sit

The hens must stay in a fenced area behind the house, and the coop and any related structures must be at least 25 feet from every property line.² A coop larger than 144 square feet also counts as an accessory structure, which pulls in additional requirements tied to your zoning district.

The 25-foot setback is where applications most often fail. On a narrow lot, fitting a coop behind the house while clearing all three setbacks can leave almost no usable space. Measure before you buy materials. If the geometry won’t work, your only path is a variance from the Board of Commissioners, which is a longer and more involved process.

The ordinance doesn’t dictate construction details, but it does require that you keep the property from producing odors, attracting insects or rodents, or otherwise becoming a nuisance.² In practice, that means a predator-resistant build, contained waste, and feed stored where rats can’t get to it. Nuisance complaints are what bring code enforcement to the door.

Registering With the County

You can’t just build a coop and buy chicks. Section 134-290 requires a completed application to the Community Development Agency before any birds come onto the property.² The form is developed by the Community Development Director or a designee.

Prior applications have included a site plan showing lot dimensions, the coop’s location, and its distance from every property line.³ Staff reviews the application against each requirement in the ordinance. For the current form, fee, and processing time, contact the Community Development Agency directly; the ordinance itself doesn’t specify them.

Your HOA Can Still Say No

This catches people more than anything else in the ordinance. A county-approved registration does not override your homeowners association rules or the restrictive covenants recorded against your deed. Section 134-290 says so directly: the ordinance “does not authorize persons to violate applicable restrictive covenants and/or homeowners’ association rules and regulations.”²

The county will process and even approve your application without checking your HOA documents. That approval only confirms you meet county zoning rules. If your CC&Rs ban poultry and you keep chickens anyway, the HOA can fine you, demand removal, and sue, and the county has no role in that fight. It’s a private matter between you and the association.

Before spending anything on an application, coop, or birds, pull your CC&Rs and look for language on animals, livestock, or poultry. If your subdivision has an active HOA, contact the management company. Many Cobb County suburban neighborhoods carry blanket livestock prohibitions in their original declarations.

What a Violation Costs

Zoning violations in Cobb County, including backyard chicken rules, can bring fines up to $1,000, up to 60 days in jail, or both. That cap is set by Georgia law for county ordinance violations.⁴ Typical problems include keeping a rooster, running more hens than the lot allows, placing the coop inside the setback, and skipping registration altogether.

Enforcement is largely complaint-driven. A neighbor’s call is usually what starts an investigation. An inspector who finds a violation generally issues a notice with a compliance deadline, and each day you remain out of compliance after that notice can count as a separate offense. Fixing the setup before the birds arrive is far cheaper than relocating a coop or rehoming hens later.

If You Suspect Avian Influenza

Watch your birds for sudden drops in egg production, respiratory distress, swelling, or unusual deaths. If you suspect avian influenza, call the Georgia Department of Agriculture’s AI Hotline at (770) 766-6850. Testing through the Georgia Poultry Laboratory Network is free.⁵ After hours and on weekends, the federal Foreign Animal Disease hotline is 866-536-7593.⁶

1
Cobb County Georgia. Zoning Maps
2
Cobb County Community Development Agency. Ordinance Amending Chapter 134 – Zoning Article II, Sec. 134-290
3
Cobb County Community Development Agency. Preliminary Variance Analysis
4
Justia Law. Georgia Code 36-1-20 – Ordinances for Governing and Policing
5
Georgia Department of Agriculture. Avian Influenza
6
Animal and Plant Health Inspection Service (APHIS). National List of Reportable Animal Diseases