Illustration by Harriet Seed
Let’s say you’re interested in getting started with urban homesteading projects but you’re not sure what you’re legally allowed to do. That’s smart to think about before jumping in headfirst. Luckily, there are some clear regulations at the state and county levels to operate by, with cities weighing in on many issues.
There are no laws on either Ohio or Kentucky books forbidding gardening, though there are no right-to-garden laws either, which means that certain areas may be subject to city ordinances or HOA bylaws. The city of Cincinnati’s Municipal Code lays clear rules and regulations for urban agriculture in chapter 1422: “Gardens may be grown in all zoning districts,” but may not exceed 20,000 square feet of cultivated land; more than that and you’re a farm. You also can’t use commercial agricultural equipment bigger than the size of an economy car in an urban garden.
Backyard chickens have grown in popularity in recent years, but laws about keeping them in urban or suburban areas vary city by city. In Cincinnati, chickens are permitted within certain legal requirements regarding the number of animals, proper accommodations, and location of structures. One rooster is permitted for every 15 hens. These rules also pertain to ducks, quail, doves, and other smaller birds. The municipal code addresses keeping bees, rabbits, turkeys, goats, and other species. In Covington, meanwhile, you’re allowed to keep chickens as long as they’re not within 100 feet of another residence. Keeping chickens is not allowed in Newport.
What if you have a bumper crop of tomatoes one year or too many eggs during peak laying season? While you may consider preserving extra produce or giving away extras, Ohio does have a “roadside stand” designation that can allow you to sell a single type of low-risk food (such as eggs, maple syrup, or fresh vegetables) at the site of production. If you seek to sell more than one type of low-risk food, though, you’ll need to either obtain a retail food establishment license or register as a “farm market” with the Ohio Department of Agriculture. My advice: Gift extras to your neighbors.
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