In November 2023, Commerce City residents voted to approve a ballot initiative to adopt an ordinance by December 31, 2024, to allow for the backyard keeping of chickens and bees.

The backyard keeping of ducks failed; the backyard keeping of ducks is not allowed.

On June 3, 2024, Commerce City’s City Council unanimously approved an ordinance to amend the Land Development Code to allow for the backyard keeping of chickens and bees; the regulations of this ordinance have an effective date of August 2, 2024.

Regulations for the backyard keeping of chickens and bees:

• Applicants must apply for a permit through the City’s eTRAKiT portal.
• Applications must include a diagram of the property that clearly indicates the size and location of the proposed animal enclosure(s).
• Permits are applicable to only one animal type, meaning if an applicant wants to house both chickens and bees, two separate permits are required.
• Permits require a $70 application fee and have an indefinite term, unless the keeping of chickens and/or bees has been terminated for 12 consecutive months.
• Permits are non-transferable and are only valid for the named permitee and the named property and do not run with the land.
• These regulations do not supersede any existing HOA, Metro District, and/or PUD bylaws that disallow the keeping of these animals.

Backyard chicken requirements:

• No roosters may be kept under a backyard chicken permit.
• An outdoor enclosure and coop must be provided for the chickens. To see specific requirements, please visit Chapter 12, Article V of the Commerce City Municipal Code.
• Chickens may not be kept in the front yard at any time.
• Coops and enclosures must have a setback from the nearest property line equal to the setback required of the principal building on the property.

Backyard beekeeping requirements:

• No Africanized honeybees or bees that exhibit aggressive bee behavior may be kept. Hives must be requeened following any swarming or aggressive bee behavior.
• Properties may contain a maximum of two (2) hives.
• Hives shall not exceed five (5) feet in height or twenty (20) feet in cubic volume.
• Flyways must be constructed and placed in a manner that forces bees to fly at an elevation of at least six feet above ground level over the property lines of adjacent developed property.
• Backyard hives and flyways have a number of construction requirements to deter contact with humans or domestic animals. To see specific requirements, please visit Chapter 12, Article V of the Commerce City Municipal Code.

Food production and sales

To engage in the home occupation of cottage food production and sales, a person must comply with all the provisions and only offer foods products identified by the Colorado Cottage Foods Acts C.R.S. (§ 25-4-1614).

Additionally, a person must obtain a City Sales and Use Tax License as required by Section 9-2000 of the Commerce City Sales and Use Tax Code and Regulations, and must offer products for sale between the hours of 7:00 a.m. and sunset.

Violations

A violation of any provisions for the backyard keeping of chickens or bees may result in a fine, suspension, or up to a revocation of the permit.