[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 --- ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::