Local Codes of Law

Federal Code: The “Honeybee Act of 1922″

• Looking for a citation supporting the notion from pest control professionals that the honeybee is a “protected species”.   

State of Virginia:

• Code of Virginia – Title 32 – Agriculture, Animal Care, and Food – Chapter 44 – Beekeeping

• Virginia’s Pesticide Control Law

  What follows is a summary of relevant parts of Virginia’s pesticide control law in response to the concerns expressed over the effect of pesticide use on bees and beekeepers.

  Virginia regulates pesticide applicators and requires them to be licensed. Commercial applicators are also required to carry liability insurance to cover losses resulting from their activities. Virginia requires both commercial and private applicators to report pesticide events that constitute “significant pesticide accidents or incidents posing a threat to humans or the environment.” VA Code § 3.2-3909. Regulations at 2 VAC 20-51-170 state in part: ” Commercial or private applicators or registered technicians shall report any pesticide accident or incident in which they are involved that constitutes a threat to any person, to public health or safety, or to the environment, as a result of the use or presence of any pesticide. The accident or incident shall be reported whether or not a restricted use pesticide is involved.”

  Anyone other than an operator can also file a complaint and such complaints are supposed to be investigated. VA Code § 3.2-3910 states: “Complaints to Commissioner or the Board. Any person may register a written complaint with the Commissioner or the Board relating to the sale, use, storage, handling, or disposal of any pesticide. The Commissioner or the Board shall institute an investigation of the alleged damage caused by such pesticide. The Commissioner may seek the advice of other state or federal agencies or institutions. When it is determined that a violation has occurred, the Commissioner shall proceed as provided in § 3.2-3946.” (1989, c. 575, § 3.1-249.32; 2008, c. 860.)

  Someone who claims damage from a restricted use pesticide must file a report with the Commissioner of the Virginia Department of Agriculture and Consumer Services within sixty days of the date that the damage occurred or, if growing crops are alleged to have been damaged, before twenty-five percent of the crop is harvested, as required by VA Code § 3.2-3911, Damages resulting from pesticide use or application. This report must contain: : (i) the name of the person allegedly responsible for the application of such pesticide; (ii) the name of the owner or lessee of the property where the crop is grown and the damage is alleged to have occurred; and (iii) the date of the alleged damage. After notification to the applicator, an inspection may be made by the Department of Agriculture.

  The reporting requirements do not affect an individual’s right to seek other legal relief such as an injunction for nuisance or money damages for negligent application causing damage, but failure to file the report and/or permit the inspection will relieve the Department of Agriculture from failing to take action. The challenge in any legal case would probably be proof of the damage.

  The VDACS Pesticide and Department of Agriculture enforcement staff is identified on the web as follows:

  • Pesticide Control Board: 804.225.2223 OR 804.371.2283 Email rhonda.bates@vdacs.virginia.gov
  • Enforcement & Field Operations: 804.786.8943, 804.371.6560 OR 804.371.2283 Email douglas.edwards@vdacs.virginia.gov OR barbara.elliotte@vdacs.virginia.gov

  It would be important to try and obtain the license information of any possible violator before making a report.

  The foregoing is based mostly on an excellent law review article, “An Analysis of State Pesticide Drift Laws,” by Theodore A. Feitshan in 9 S.J. Agric. L. Rev. 37 (1999); however, many of the laws have been re-enacted in different form since that publication.

  DISCLAIMER: Please note that the foregoing does not constitute legal advice applicable to any particular situation. Please consult a Virginia lawyer about any specific situation. I have compiled the foregoing from public information as a service to BANV members and I do not practice law in Virginia.

County Code:

• Arlington – Nothing explicit, but …..  So, let us not stir the pot needlessly.

• Fairfax -  FAIRFAX COUNTY ZONING ORDINANCE, Article 2 General regulations, PART 5
  2-500 QUALIFYING USE, STRUCTURE REGULATIONS, Section 2-512, Limitations
  on the Keeping of Animals:

The keeping of honeybees in four (4) beehives or less shall be allowed as an accessory use on any lot. On any lot of 10,000 square feet in size or larger, more than four (4) beehives may be kept, provided there is an additional lot area of 2500 square feet for each hive. In all instances, there shall be one (1) adequate and accessible water source provided on site and located within fifty (50) feet of the beehive(s). In addition, if the landing platform of a hive faces and is within ten (10) feet of any lot line, there shall be a flight path barrier, consisting of a fence, structure or plantings not less than six (6) feet in height, located in front of the hive.

• District of Columbia – Municipal Regulations (DCMR), Title 24, Chapter 9, Section 904:

904.1 No bees or hives of bees shall be permitted to be kept when there are human habitations within a radius of five hundred feet (500 ft.). Reference Title 24, Chapter 9

• Prince William – PWC CODE OF ORDINANCES, CHAP 32 ZONING. ARTICLE III. AGRICULTURAL AND
  RESIDENTIAL DISTRICTS, PART 300. GENERAL REGULATIONS, Sec. 32-300.02:

(Accessory uses). The keeping of honeybees in four (4) beehives or less shall be permitted as an accessory use to a residential principal use on any lot. On any lot of 10,000 square feet in size or larger, more than four (4) beehives may be kept, provided there is an additional lot area of 2500 square feet for each hive. In all instances, there shall be one (1) adequate and accessible water source provided on site and located within fifty (50) feet of the beehive(s). In addition, if the landing platform of a hive faces and is within ten (10) feet of any lot line, there shall be a flight path barrier, consisting of a fence, structure or plantings not less than six (6) feet in height, located in front of the hive. See forum post: topic 49