Spotsylvania News

Jeff Branscome writes about Spotsylvania County.

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Attorney general and gubernatorial candidate Ken Cuccinelli weighs in on chickens in Spotsy

Attorney General and gubernatorial candidate Ken Cuccinelli has issued an advisory opinion on pet chickens in Spotsylvania County.

Yes, you read that right.

In February, the Board of Supervisors voted to allow people to have from two to six chickens in most residential areas—so long as it’s not in the Battlefield, Berkeley and Lee Hill voting districts.

The supervisors in those districts—Emmitt Marshall, Benjamin Pitts and Gary Skinner—opposed the more-relaxed chicken ordinance and asked that it not apply to their districts. Check out the story here. Previously, chickens were permitted only on lots of at least five acres in agricultural and rural zoning districts countywide.

But Cuccinelli, in an advisory opinion issued Sept. 20, wrote that the board can’t allow the chickens in some voting districts but prohibit them in others. You can read the opinion here.

“On its face, the February Amendment treats similarly situated persons within the same zoning district differently,” Cuccinelli wrote. “It uses a jurisdictional division created for an unrelated purpose, the electoral district, to inconsistently regulate land use within several of its zoning districts.”

The attorney general issued the advisory opinion at the request of Spotsylvania County Attorney James Benkahla.