A Bill introduced this term into the West Virginia Legislature seeks to protect the rights of farmers, especially of the small rural farmers like those in West Virginia. The purpose of House Bill 2454 is to clarify the Right to Farm Act and the intent of the legislature to promote agriculture through agricultural businesses, promote the health of West Virginians and the West Virginia economy, and promote the protection of WestVirginia agriculture.
The matter began when Alex Urban sought a permit from the city of South Charleston to keep honey bees on his property. The permit was denied under a city ordinance which prohibited the keeping of domesticated livestock which included bees. It was then that Mr. Urban contacted the Department of Agriculture for their assistance in determining who could rule on agricultural issues.
State Commissioner of Agriculture Kent Leonhardt attempted to resolve the matter with the City of South Charleston to no avail. It was then determined that their only option was to argue the case before the Kanawha County Circuit Court. The Court determined that the City of South Charleston had overstepped its legal bounds by attempting to regulate honeybees, an area governed exclusively by the West Virginia Apiary Act. Additionally, the ordinance posed a direct challenge to the agency’s authority under the West Virginia Right to Farm Law, which protects the rights of farmers and beekeepers throughout the State of West Virginia.
In a WV Metro News article Leonhardt explained the city cannot regulate honey production because bees are not domestic livestock. They are wild and are only managed, they have no barriers on where they can go like other domesticated farm animals. The city raised issues about the potential for bee stings as a result of the hive, but the court sided with the plaintiff and Leonhardt who argued there are plenty of non-managed bees and other insects which pose the same risk. We have one of the strongest Right to Farm Laws in the nation here in West Virginia. Those were our arguments and the court agreed with us and gave us a resounding win and declared the city’s law null and void,” he said.
Ridgeview News spoke with area farmer Patrick O’Connell who brought this story to our attention, noting that the effects of this bill are far greater than that of area bee keepers. This bill will prevent the over regulation of City Governments to create an undue hardship of city residents who desire to make an income by small scale farming or even reduce the cost of feeding their family by having a few chickens produce eggs that cost nearly $5.00 a dozen at the grocery store.
To read the bill in its full context, it is attached to this article below. To support this bill, it is recommended that you contact your local representatives who will determine its fate in the West Virginia Legislature.
