As residential rooftops increasingly dot the traditionally rural landscape of unincorporated Montgomery County, so may chicken coop-tops, as long as they abide by existing zoning regulations.

That’s the recommendation of the Regional Planning Commission — “no changes” — after several weeks of reviewing the longstanding county zoning resolution regarding livestock structures and fencing. RPC Director Jeff Tyndall informed the County Commission of the local agency's decision this week when commissioners met in monthly informal session.

"The short version of our conclusion in this matter is that, we are recommending that the resolution stay the way it is," Tyndall said. His office has been formally studying the matter since early March.

The main reason for not attempting to alter the zoning resolution at this time, Tyndall said, is too much "gray area" in state law.

Whether urban sprawl into the rural parts of the county can continue to co-exist with residents who have small backyard chicken coops may prove to be an ongoing point of debate.

"(Tennessee state code) does not provide much detail on what 'normal agriculture' or 'commercial agriculture' is, and as a non-chartered county, Montgomery County may or may not be able to regulate agriculture in the unincorporated areas," Tyndall said.

"Further case law or clarification from the state Legislature or Attorney General is likely needed, not just for Montgomery, but other growing counties," he said.

While chickens got most of the attention in this particular springtime review of county zoning, it was technically much broader in scope.

Commissioners had asked the RPC to review, and possibly recommend changes to the county's long-standing zoning resolution governing setback restrictions for structures that house chickens or any livestock, on private property in the unincorporated county. The existing resolution from 1973 had become a source of some controversy for chicken owners, their neighbors and county government, amid the county's rapid growth.

Inside the city limits, Clarksville's city Building Codes Department has more enforcement authority over small, backyard chicken farms than county Building Codes has in the unincorporated areas.

At the same time, the current property setback provisions for chicken coops inside the city, proponents say, are actually more favorable for having chickens than in the unincorporated county amid the county's existing rules.

County Attorney Tim Harvey has sought to clarify to the commissioners that the issue has never been specifically about chickens although poultry farming has been at the center of the recent debate.

Rather, Harvey said, the real issue for the county and RPC has been about the property setbacks for structures housing livestock, what really defines livestock for that matter, and also what constitutes adequate fencing for livestock under the resolution.

Ultimately, however, the RPC determined that state law isn't clear on what the county can, and cannot do in this case.

The county's current distance, or setback, requirement stipulates that on private tracts of 5 acres or less, a structure such as a chicken coop must be placed at least 200 feet from the property line.

Proponents of small backyard chicken farms say the current requirement is excessive to the point of crowding some property owners out of being able to have chicken coops as agricultural property in the unincorporated county dwindles and more lots for dwellings become smaller.

Reach Jimmy Settle at 931-245-0247 and on Twitter @settle_leaf.