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WV HB2454
Bill
Status
2/17/2025
Primary Sponsor
Michael Hornby
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AI Summary
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Expands West Virginia's Right to Farm Act to include "agricultural residential land" and "urban agriculture," allowing residents to keep up to six chicken hens or maintain apiaries on residential property for personal consumption or sale of non-hazardous foods
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Preempts county and municipal authority over beekeeping regulations, giving the Commissioner of Agriculture exclusive power to regulate, inspect, and permit managed bees and apiaries, with violating jurisdictions liable for costs and attorney fees
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Prohibits towns, cities, municipalities, and political subdivisions from banning urban agriculture or requiring permits/licenses for urban agricultural activities on residential land
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Strengthens nuisance protections for agricultural operations by requiring complainants to prove "by clear and convincing evidence" that farming activities caused actual physical damage to person or property
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Extends existing Right to Farm Act protections—including immunity from nuisance lawsuits after one year of operation—to residential agricultural operations in addition to traditional agricultural land
Legislative Description
Relating to clarifying the Right to Farm Act relating to residential agricultural operations and the protection of agriculture
Agriculture
Last Action
To House Agriculture, Commerce and Tourism
2/17/2025