[log in to unmask] wrote:

> [log in to unmask] writes:
>>If that happens, honeybees will continue to be handled
>> under the nuisance laws.
>
> Reply:
> How can this be? Bees are an agricultural necessity and not a nuisance by an
> old US Supreme Court Ruling, besides being under the jurisdiction of the USDA
> and State Governments and right has never been assigned lower to cities,
> towns and municipalities in the USA.

Getting things confused here. Bees are not a nuisance by law but neither
bees nor beekeepers are protected just because bees are not a nuisance.
Bees are not a necessity, nor is agriculture, as far as zoning law is
concerned. In a specific juristiction, any use of the land is either
permitted by law or not. For example, beekeeping can be restricted by
law even in an agricultural zone as can be pig raising, poultry, etc..

The nuisance aspect comes in when a use is challenged. Most land use
codes will not allow a nuisance or will put limits on it so the nuisance
is reduced. Since bees are not a nuisance, by law, that is not a valid
restriction on beekeeping, but that will not stop laws restricting
beekeeping from being passed. Free speech is guaranteed by the
Constitution, but that does not stop municipalities from passing
restrictive zoning laws that kill off the XXX shops, even in areas zoned
for business.

The key in nuisance law is that bees, by themselves, are not a nuisance.
But improper beekeeping can be a nuisance. So can poor placement of
hives. Both of these have resulted in zoning laws restricting
beekeeping. You can easily restrict beekeeping by allowing it only on
lots of more than x acres. Or hives no closer than x yard from a
neighboring property.

All towns and municipalities are given power by the State to regulate
land use. The laws are usually called land use laws or zoning laws.
Municipalities have very broad power (only restrained by State law, but
that can be as or more restrictive than the municipality). It is
surprising how intrusive the law can be in restricting a homeowner's or
business' use of their own property. It is also surprising how often
restrictive laws are passed without a peep from landowners. Often, the
government body has no idea what they are making law, until the
complaints start coming in.

The way to win beekeeping battles is more with public opinion and large
crowds at the meeting where such laws are put forward. Politicians and
Board members listen to groups but not to the solitary beekeeper. Once
the law is in effect, it is very difficult to get rid of it.

Bill Truesdell
Bath, Maine

::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
-- Visit www.honeybeeworld.com/BEE-L for rules, FAQ and  other info ---
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::