Anchorage Plantation Amendment to Section 10.12


Amendment to Section 10.12 of the Declaration of Covenants, Conditions, Easements, Restrictions, Charges and Liens:
The Board of Directors (“Board”) will refrain from exercising its discretion to enforce the restriction contained within Section 10.12, of the Declaration of Covenants, Conditions, Easements, Restrictions, Charges and Liens, which among other things prohibits the raising, breeding, or keeping of poultry, when a Lot has a maximum of four (4) domestic female chickens (“hens”) that would otherwise be in violation of the restriction and meets all of the following conditions:

  1. The HOA Owner applies to the Architectural Review Committee (“ARC”) for a backyard hen permit by submitting a complete application. Upon receipt of an application, the Board will provide a written notification to all Home Owner Association Owners (“HOA”) of such application.  The Board will provide at least thirty (30) days prior written notice of receipt of the application to the entire HOA Ownership. The HOA Owners shall have thirty (30) days from the date of mailing in which to submit to the Board written comments or objections with respect to the application. The approval shall not be made until after the thirtieth (30th) day from the mailing of the notice. The application shall be denied if more than one (1) HOA Owner adjacent applicant’s property objects. The permit issued to an HOA Owner is valid for one (1) year from Board approval date. Following the initial year, the Owner has a granted right on an annual basis to keep or maintain hens without obtaining a subsequent renewal permit unless a HOA Owner has submitted a complaint.
  2. Hens are permitted for personal egg production or as pets; no commercial use whatsoever shall be permitted. Chicks (hens not yet matured) will be included in the maximum allowed total count of 4 hens.
  3. A humane and properly constructed hen house, with at least two (2) feet of grade level ground clearance, shall be provided. The structure must include solid, secure sides, including a solid top, that maintain confinement and prevent entry of predatory animals such as foxes, racoons, or hawks. Exterior surfaces, not inherently resistant to deterioration, shall be treated with a protective coating, such as paint or other suitable preservative, and maintained with sufficient frequency to prevent deterioration. Paint color shall be restricted to either the color of the homeowner’s main house, or gray. Enclosure must provide access for proper cleaning and maintenance. It must provide protection from extreme temperatures, including but not limited to insulation, ventilation and drainage. Hen houses must include laying boxes of a minimum surface of fourteen (14) inches by fourteen (14) inches per chicken and must be regularly bedded with sawdust, straw, or like material. All enclosures, including but not limited to structures and fencing, shall be constructed or repaired as to prevent rats, mice, or other rodents from being harbored underneath, within, or within the walls of the enclosure. The hen house must be properly maintained in a safe, clean, sanitary, and substantial condition that poses no health threat to the hens or citizens and does not create a public nuisance.
  4. All hen houses shall be a minimum of fifty (50) feet away from any adjoining property line. All structures, fencing, and hens must be in the rear yards of the dwelling. All structures must have some form of fencing, either manufactured following current HOA regulations, and natural/landscape screening to minimize visibility from public right of way and adjacent lots. Additionally, all hen houses must be tethered to the ground through the use of ground rods such as t-posts and tie-down straps to help prevent movement during high winds. 
  5. All feed and other items associated with the keeping of hens that are likely to attract or to become infested with or infected by rats, mice, or other rodents shall be protected so as to prevent rats, mice, or other rodents from gaining access to or coming into contact with them. All stored food must be kept in covered metal containers.
  6. Disposal of Chicken Waste/Manure: Waste products (manure) generated from the raising of hens shall be disposed of, or utilized in, a proper/hygienic manner.
  7. All hens shall be contained in their run, or a fenced in back or side yard, at all times. Each hen shall have a minimum of four (4) square feet of range area for the majority of the day. The range area must be well drained so there is no accumulation of moisture. Hens may forage or roam freely anywhere within a fenced yard on the side or rear of the property, but adequate measures must be taken to provide safety for the hens and prevent them from straying onto adjacent property; (i.e. clipped wings to prevent flying). All hens shall be identified to homeowner and residence by leg bands with a marking identifier determined and agreed upon in the homeowner’s application for permit. This proposal shall exclude the allowance of any species of chicken that has the ability to fly or roost in trees. The only chicken breeds allowed shall be Orpingtons, Australorp, Plymouth Rock, or Silkies.
  8. Male chickens (roosters) are prohibited.
  9. The use is operated in accordance any other ordinance of Charleston County regulating the keeping of chicken/hens.
  10. The HOA Board of Directors has the right to request immediate removal of hens and chicken coup if not properly maintained or conforming to the amendment. Additionally, the board has the right to conduct a bi-annual inspection of the coup site, as it sees fit.

* Should there be a noticeable increase, in the Board of Director’s opinion, of insects, vermin or predators; the individual projects could be shut down, and the homeowner ordered to remove all chicken related material within a defined 7-day period.

This fully completed and executed vote by written/electronic ballot must be received by Anchorage Plantation HOA no later than 5:00 p.m. on April 1, 2024, in order for it to be counted.

I/we are the owner(s) of the Unit known as  

 Property Owner's Name:   

Property Owner's Name:   

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