This bill amends the West Virginia Code to enhance the Right to Farm Act, particularly focusing on residential agricultural operations and the management of honey bees. It introduces the West Virginia Apiary Act, which underscores the significance of pollinators to the state's economy and food security. The bill includes new definitions related to apiaries, honey bee pests, and urban agriculture, specifically adding tropilaelaps mites to the list of recognized honey bee pests. It also empowers the Commissioner of Agriculture to regulate managed bees and apiaries, overriding any conflicting local ordinances. Additionally, the bill prohibits towns and municipalities from banning urban agriculture or requiring permits for such practices.

Moreover, the bill allocates fees from special registration plates related to pollinators to the State Road Fund for highway beautification efforts that support pollinator habitats. It modifies the definitions of agricultural land and operations to encompass residential agricultural lands, ensuring these areas are not considered adverse to other land uses. The bill establishes limitations on nuisance actions against agricultural operations, protecting long-standing operations from being classified as nuisances if they comply with laws and have not changed conditions. It also clarifies that the protected status of an agricultural operation is assignable and cannot be waived due to temporary cessation or reduction in size.

Statutes affected:
Introduced Version: 17A-3-14e, 19-13-1, 19-13-2, 19-13-3, 19-19-1, 19-19-2, 19-19-4, 19-19-7