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SB 165

Clarifying Right to Farm Act relating to regulation of honey bees

2026 Regular Session

SB 165 protects beekeeping from local zoning bans and nuisance ordinances by designating honey bee operations as protected agricultural activities under West Virginia law.

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Bill Summary · SB 165

Legislative bill overview

SB 165 amends West Virginia's Right to Farm Act to provide explicit protections for beekeeping activities from local zoning restrictions and nuisance ordinances. The bill clarifies that honey bee operations qualify as protected agricultural activities, preventing municipalities from banning or severely restricting apiaries through local regulations.

Why is this important

Urban and suburban beekeeping has grown significantly as communities recognize environmental and pollination benefits, but local governments often restrict or prohibit hives through zoning laws. This bill would enable property owners to maintain apiaries without facing municipal ordinances that treat beekeeping as a nuisance, potentially supporting pollinator populations and local food systems while reducing regulatory barriers.

Potential points of contention

  • Property rights vs. neighbor concerns: Neighbors may worry about bee stings, allergies, or hive escapes without clear liability standards in the bill
  • Local control limitations: Municipalities may oppose state preemption of zoning authority they traditionally use to manage land use and community character
  • Definition gaps: The bill may lack specificity on hive density, distance from property lines, or management standards, creating ambiguity about what beekeeping operations are protected
  • Liability and insurance: Unclear whether beekeepers must carry insurance or bear full responsibility for bee-related incidents on neighboring properties

Compiled from official sources — confirm details with the bill’s official record.

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