Friday, November 6, 2009

Getting Stung By Zoning Rules

Apparently some of our local honey bees are not bee-having. They are refusing to obey the county's requirement that their hives bee kept 200 feet from the property line.

And they are ignoring the county's adequate public facility ordinance for roads and schools!

All joking aside, HoCo currently requires beekeepers to maintain the same setbacks as those who run other livestock operations -- to the consternation of backyard honey-makers. It's worse in Columbia, where zoning rules bar "farming."

But that could change. The Council is considering new rules that would ease the requirement for apiaries, and allow hives to remain as close as 10 feet to a lot line.

We first heard the buzz about this change from the Howard County Beekeepers Association.

Last Fall, the Department of Planning and Zoning (DPZ) of Howard County, Maryland interpreted the existing laws resulting in the classification of "livestock" to include bees and beehives.

This interpretation will affect the majority of beekeepers in Howard County, the lone backyard beekeeper who is often considered the backbone of beekeeping, forcing them discontinue this time honored profession.

Since then, Howard County Beekeepers Assn (HCBA) has been working closely with the Howard County Council to insure a viable & vibrant beekeeping community will continue to flourish.

County Council Members Mary Kay Sigaty and Greg Fox have proposed a bill "to allow apiaries to be located within the current 200 foot setback on residential lots under certain conditions....." is ZRA-117.


The association noted that some people expressed reservations about the zoning change. According to the May 18 minutes of the Hickory Ridge Village Association:

Several residents expressed concerns about having hives within proximity of children or people with bee venom allergies.

The county has proposed these rules:

1. THE MINIMUM SETBACK FOR APIARIES SHALL BE 25 FEET FROM THE LOT LINE EXCEPT THAT APIARIES MAY BE LOCATED AT LEAST 10 FEET FROM THE LOT LINE, PROVIDED THAT AN APPROPRIATE BEE FLIGHT PATH IS ESTABLISHED BY:
A. SITUATING APIARIES AT LEAST 6 FEET ABOVE THE GROUND; OR
B. SITUATING APIARIES BEHIND A SOLID FENCE, HEDGE, OR OTHER BARRIER THAT IS AT LEAST 6 FEET IN HEIGHT AND RUNNING PARALLEL TO THE PROPERTY LINE AND DIRECTING APIARY ENTRANCES AWAY FROM NEIGHBORING PROPERTIES: AND
2. THE FOLLOWING ADDITIONAL REQUIREMENTS FOR ALL ACCESSORY USE APIARIES ARE MET:
A. APIARIES SHALL BE BUFFERED FROM ADJACENT PROPERTIES;
B. APIARIES SHALL BE RESTRICTED TO SIDE AND REAR YARDS;
C. A WATER SUPPLY SHALL BE PROVIDED TO MINIMIZE BEES FROM SEEKING WATER IN NEIGHBORING SWIMMING POOLS, BIRDBATHS, PONDS, OR OTHER COMMUNITY BODIES OF WATER; AND
D. APIARIES SHALL COMPLY WITH MARYLAND DEPARTMENT OF AGRICULTURE REGULATIONS AS THEY PERTAIN TO BEEKEEPING, BE OPERATED TO ADHERE TO BEST MANAGEMENT PRACTICES AND MAINTAINED IN A CONDITION THAT WILL REASONABLY PREVENT SWARMING AND DEFENSIVE BEHAVIOR.

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