Stuart Commission Advances Backyard Chicken Ordinance 3-1 Over Water Quality Objections

Samantha Smith came to Stuart City Hall Tuesday asking commissioners for the right to keep a few hens in her backyard. She left with a narrow 3-1 vote moving that idea one step closer to city law — and a fight over the Indian River Lagoon still very much alive.

The Stuart City Commission advanced an ordinance that would allow up to four backyard chickens on single-family and duplex properties in certain residential districts within East Stuart, subject to a $65 initial registration fee and $10 annual renewal. Supporters estimated the registration program could generate hundreds of thousands of dollars in city revenue. The commission voted 3-1 to send the measure to a second reading, where the full five-member board can weigh in once a vacant seat is filled.

Commissioner Rich cast the lone dissenting vote, arguing the ordinance ran headlong into the city's own comprehensive plan — language that explicitly prohibits activities that could adversely affect water quality. Rich pushed for the commission to first survey nearby water bodies and exclude properties near Frazier and Poppleton creeks from eligibility.

"We simply cannot do this," Rich said, citing University of Florida research showing chicken manure carries high concentrations of nitrogen and phosphorus — the same nutrients that fuel algae blooms and fish kills in the lagoon system that defines life and property values on the Treasure Coast.

Smith, who spoke on behalf of residents who originally requested the ordinance, framed it as a measured step toward sustainable living. She called the proposal "a balanced approach" that weighs both property rights and public safety — language that found enough support to keep the measure alive.

The ordinance grew out of a February commission directive responding to growing interest in local food production. Both the Community Review Board and the Local Planning Agency recommended approval, with modifications to the fee structure and fence requirements.

Mayor Reed, recognizing the commission was operating with an empty chair, steered the item toward second reading rather than letting it fail outright at first reading — preserving the question for a full board to answer.

No date has been set for that second reading.

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