Are Chickens Allowed in The Woodlands, Texas?

BySusan Medlin

If you live in The Woodlands, Texas (in Montgomery County, part of the Greater Houston area), and you’re wondering whether you can keep chickens in your backyard, the answer is: it depends. Several laws, covenants, and restrictions apply—city/county rules, deed-restrictions, and sometimes homeowner association (HOA or “Tract Covenants”). Some allow hens under certain conditions; others strictly prohibit poultry. Below is a detailed guide (1,200+ words) covering what is currently allowed, what restrictions might block you, and what to check before getting hens.

Relevant Laws & Regulations

  • Texas state law does *not* prohibit keeping chickens generally. Local jurisdictions set the rules. The “Backyard Animals” legal guidance in Texas confirms that fowl (like chickens) aren’t banned by state law.
  • Montgomery County has guidelines for chicken coops, including permitting for coops in certain residential areas. The county department that handles environmental health has a “chicken coop” permit system for detached coops.
  • In The Woodlands specifically, there are residential covenant restrictions (tract or neighborhood rules) that may restrict or forbid keeping poultry. Many neighborhoods, under the Residential Development Standards, prohibit livestock or poultry in residential lots.

What The Woodlands Township / Covenants Say

The Woodlands Township is governed not just by county/city law, but also by deed restrictions / residential covenants that apply to each “village” or subdivision (“Tract”). These covenants often have language about animals. Here’s a breakdown:

  • Many covenant documents state: “No animals, livestock, or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs, cats, or other common household pets may be kept…” This would exclude chickens/poultry.
  • Some covenants refer to “Section III.A.3” or similar clauses in Residential Development Standards, which explicitly mention that livestock, poultry, and bees are not allowed.
  • Even where county or state law might allow hens, covenant restrictions may prevail in a particular Tract—these are legally enforceable by homeowners’ association mechanisms or deed covenant enforcement.

What “Six Chickens” Bill Means—and What It Does NOT Change

In 2017, Texas passed Senate Bill 1620 (SB 1620), which prohibits municipalities from banning six or fewer chickens (hens) entirely, though local governments can still regulate the keeping of chickens. Key points:

  • Under SB 1620, cities cannot create ordinances that completely prohibit an individual from keeping *six or fewer laying hens* on their property.
  • The law allows local government to impose reasonable regulations—e.g. setback requirements, coop standards, nuisance control (noise, smell), etc.—so long as those requirements do not amount to a de facto prohibition.
  • SB 1620 does *not* override deed restrictions or HOA/tract covenants. If your subdivision covenant says “no poultry”, that covenant is still valid unless challenged or changed.

What Montgomery County Requires (Unincorporated Areas & Coops)

If you are in an unincorporated part of Montgomery County, or your property is not fully subject to restrictive covenants, you may have more flexibility. Here are typical county rules to expect (not all are universal, check local office):

  • You may need a permit for a chicken coop, particularly if it’s a detached structure or of a certain size. The county’s Environmental Health or Permitting Departments often have forms for residential chicken coops.
  • Your coop/enclosure must be built to certain standards—secure enclosure, keeping chickens contained, protection from predators, proper ventilation, etc.
  • Setback rules may apply—distance from property lines, neighboring dwellings, public easements may be required for coop placement.
  • Nuisance control: odor, noise, pest management must be addressed. If chickens or their coop become a nuisance, county or HOA/Tract authority may require mitigation or removal.
  • No roosters in many residential settings. Even if chickens are allowed, roosters are often banned because of noise issues.

What Stops People from Having Chickens in The Woodlands (HOA / Covenants / Restrictions)

Even if county law and state law allow laying hens, people in neighborhoods within The Woodlands often find they cannot keep chickens due to restrictive covenants. For many subdivisions, the documents you accepted when you bought your home may include provisions such as:

  • “No animals, livestock, or poultry of any kind … except household pets.” This phrase often appears in Village or Tract residential standards. This is the biggest barrier.
  • Design Review Committees (DRC) have oversight and may deny coop proposals. The Covenant documents often give such committees the power to “impose reasonable regulations setting forth the type and number of animals that may be kept on any Lot.”
  • Failure to comply with the covenant/tract rules can lead to enforcement—letters, fines, or requirement to remove the animals or structures.
  • HOAs are private; their rules are contractually binding insofar as you agreed to them via deed or sale. They often have more stringent rules than local government.

Practical Scenarios: What Residents Find in The Woodlands

  • Some residents report having a few hens and no roosters without issue—however, those instances are often in older neighborhoods with looser enforcement.
  • Many posts in local forums indicate that selling eggs is prohibited or discouraged, or residents do so informally without explicit permission.
  • People often receive notices or letters when chicken coop or poultry keeping is visible or causes complaints (noise, smell, chickens roaming).
  • Some residents say deed restrictions effectively override county allowances—meaning even though law allows six hens, their development’s covenants do not.

Checklist: What To Do If You Want Chickens in The Woodlands

  1. Check your property’s covenants & tract/residential standard documents. Read your deed, HOA or Tract Residential Development Standards. Search for “livestock”, “poultry”, “animals, livestock, poultry.” If the covenant excludes poultry, that is a strong blocker.
  2. Contact your village’s Design Review Committee (DRC) or HOA. Ask if poultry are allowed, whether there are exceptions, what rules (if any) have been enforced.
  3. Measure setbacks & locate the coop plan. If allowed by your documents, pick a spot in your rear yard, measure distance to property lines or neighboring dwellings. Ensure good coop design (ventilation, predator-proofing).
  4. Verify county or local permits. If required, apply for a coop permit or check with the county environmental health department.
  5. Design cooperatively. Build the coop to minimize noise, odor, escapes. Use sealed feed bins, regular cleaning. Keep hens enclosed.
  6. Be a good neighbor. Inform neighbors, address complaints proactively. Even allowed animals can become issues if troubling neighbors.

Pros & Cons of Having Chickens in The Woodlands

  • Pros:
    • Fresh eggs from your own hens.
    • Educational for children, satisfying hobby.
    • Reduced food waste (scraps can go to chickens).
    • Potential for good composting of chicken manure.
    • More self-sufficiency, connection to nature even in suburban settings.
  • Cons:
    • HOA or covenant rules may strictly ban poultry, even though state law allows up to six hens; that can lead to conflict or required removal.
    • Coop building, maintenance, predator protection, and cleanliness take effort and cost.
    • Noise (even from hens), odor, or flies may cause complaints if coop is not well maintained.
    • Neighbors might object, potentially leading to enforcement of covenants or local rules.
    • Design constraints: setbacks, layout, access to coop, drainage, etc., may limit where coop can go.

Frequently Asked Questions

Can I keep six hens in The Woodlands under state law?

Yes. State law (SB 1620) allows up to six laying hens without allowing municipalities to totally ban them. But this doesn’t override private covenants or deed restrictions.

Are roosters allowed?

No. In most residential settings (including The Woodlands) roosters are prohibited, particularly under covenant standards and also under many local regulations due to noise concerns.

What if my subdivision covenant forbids chickens?

Then you generally cannot have chickens, even if state law allows them. Covenants are private property contracts, and violations can lead to HOA enforcement or fines.

Do I need a permit?

Possibly. If the coop is a detached structure, or of certain size, or your county/municipality requires certain permits for animal structures, you likely will need one. Always check with Montgomery County / Environmental Health or your village’s administrative office.

What can I do now if I want to legally have chickens?

Start by reading your deed or covenant documents. If they permit poultry, plan coop well, talk to HOA/DRC, possibly get neighbor support. If not allowed, you may need to petition or seek amendments—but that’s a longer path.

Conclusion

In summary: **yes, chickens (hens) are allowed in The Woodlands, Texas** in many contexts—under Texas state law you are permitted up to six laying hens, but whether *your property* is allowed depends heavily on subdivision covenants, HOA or tract rules, and county/local regulations. If you live in The Woodlands and want chickens, the most important things are to check your covenant documents, see if your HOA or village allows them, pick a compliant coop location, follow county or permit requirements, and be considerate of neighbors. Done right, keeping hens in The Woodlands can be legal, satisfying, and peaceful—but only if you align with all applicable private and public rules.