This bill amends several sections of the West Virginia Code to establish "The West Virginia Apiary Act," which aims to address the decline of pollinators, particularly honey bees, and their critical role in the state's agricultural economy. The legislation includes new definitions related to beekeeping, such as "abandoned apiary," "apiary," and "honey bee pest," and emphasizes the importance of a uniform regulatory framework for the management of bees, bee equipment, and apiaries. The bill also grants the Commissioner of Agriculture exclusive authority to regulate these areas, ensuring that no local government can impose conflicting regulations.
Additionally, the bill clarifies the conditions under which legal actions can be taken against agricultural operations, reinforcing protections for farmers against nuisance claims. It stipulates that complaints can only be filed if the complainant's land use predates the agricultural operation and if there is clear evidence of actual physical damage caused by the operation. The legislation also outlines that agricultural operations in compliance with applicable laws cannot be deemed a nuisance after one year of operation, thereby providing further legal protections for farmers.
Statutes affected: Introduced Version: 19-13-1, 19-13-2, 19-13-3, 19-19-4, 19-19-7