Bill > HB4498

This bill aims to clarify and strengthen West Virginia's Right to Farm Act, specifically by expanding protections to "residential agricultural lands" and promoting "urban agriculture," which includes beekeeping within city limits. The legislation clarifies that agricultural operations, including those on residential agricultural land, are generally not considered a nuisance unless they cause actual physical damage and have existed for less than a year, or if they materially violate federal, state, or local laws. It also grants the Commissioner of Agriculture broad authority over apiaries (bee yards), including the power to regulate their placement and inspect for pests, preempting local ordinances on the matter, though existing Homeowners Association (HOA) rules restricting beekeeping are still respected. The bill also outlines specific requirements for urban beekeepers, such as hive placement, registration, and providing a water source, and establishes that the state Department of Agriculture will handle enforcement of urban beekeeping regulations, with any fines collected going to the department.

Government Affairs

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=4498&year=2026&sessiontype=RS&btype=bill