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WV HB4498
Bill
Status
1/19/2026
Primary Sponsor
Daniel Linville
Click for details
AI Summary
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Preempts county and municipal authority to regulate beekeeping, granting exclusive regulatory control to the West Virginia Commissioner of Agriculture, while preserving existing Homeowners Association bylaws that restrict beekeeping.
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Establishes urban beekeeping requirements including hive placement at least 10 feet from property lines and 25 feet from neighboring dwellings, mandatory flyway barriers, dedicated water sources, and visible registration numbers.
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Creates a new category of "agricultural residential land" covering residentially-zoned properties used for urban agriculture, including horticulture, apiaries, and production of non-potentially hazardous foods for personal consumption or sale.
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Raises the evidentiary standard for nuisance complaints against agricultural operations to "clear and convincing evidence" of actual physical damage to person or property.
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Prohibits cities, municipalities, counties, and political subdivisions from requiring permits or licenses for urban or residential apiaries, with enforcement authority reserved to the Department of Agriculture.
Legislative Description
Relating to clarifying the Right to Farm Act relating to residential agricultural operations and the protection of agriculture through Urban Beekeeping
Agriculture
Last Action
To House Government Organization
1/19/2026