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WEST VIRGINIA RECORD

Sunday, April 28, 2024

South Charleston residents challenge city ordinance on keeping chickens, bees

Attorneys & Judges
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Myriams-Fotos/Pixabay

SOUTH CHARLESTON — Two South Charleston residents are frustrated with the city's property board and its denial to allow residents to own bees and chickens, despite having the knowledge and equipment to do so.

Alex Urban and Susan Casdorph have both been denied by the South Charleston Property Board after seeking permits for the bees and chickens, but they say the property board has never approved these types of permits, no matter what preparation went into the permit.

Urban, who owned bees for more than a decade when he lived in Sissonville, wanted to own bees on his South Charleston property and said when he reached out to the board, he discovered there wasn't even a process on how to apply.

"There were no forms or anything," Urban, a Charleston attorney, told The West Virginia Record. "You have to create your own petition."

Urban said he for his petition he had an expert explain the bee-keeping process in an affidavit, he provided pictures of his plans, his gear and how he would protect the hives on his property — behind a locked fenced-in area.

"The denied me," Urban said. "With the rise in egg prices — groceries in general — and everything else, this is an abuse of power. People want to be able to provide things for themselves."

In the denial letter, the board noted that Urban's immediate neighbors were not opposed to him keeping bees, but that the board considered beekeeping a nuisance, a health problem or an unsanitary condition.

"Bees can swarm," the board denial said. "Bees can sting. Bee stings can cause allergic reactions and serious, adverse health conditions."

Urban reached out to Agricultural Commissioner Kent Leonhardt about the denial and asked for the commissioner to seek a written opinion from Attorney General Patrick Morrisey regarding if certain West Virginia policies preempted the city's ordinance.

Casdorph has sought to keep chickens twice while living in South Charleston and has been denied both times.

"There's no application process and you're given no information ahead of time," Casdorph said. "You call, you get on the agenda, you show up, they ask questions and eventually they deny you."

Casdorph said the first time she was denied, several years ago, she was told having chickens would be an environmental hazard, would draw predators and that the mayor didn't like chickens.

"I let it go at the time," Casdorph said. "But after five years I decided I really wanted to still raise chickens and I sought the permit again."

Casdorph said she was better prepared this time around. She put pictures in her petition from the tax map, measured out everything and got her neighbors' approval.

"I went before them and spent an hour with all my plans and answered their questions," Casdorph said. "They have no intention of ever issuing a permit."

Casdorph said one of the board members even said that if they ever were to issue one for chickens, it would likely be to her.

"It's frustrating," Casdorph said. "We started a Facebook group for the community to ask questions and talk about this — South Charleston WV Urban Farmers. Out of the almost 200 members since we started it last month there has only been one person who said they didn't really want chickens in the city."

The first time she was denied, Casdorph said she received a phone call denying her. This time, however, she received a letter.

"I wanted to advise you that the property board held its January 2023 meeting and we further discussed your request to house chickens on your property," the letter states. "Everyone had a chance to read the material that you passed out at the property board's December 2022 meeting. After some discussion, we voted not to allow you to house chickens on your property. Deciding factor was that the chickens would attract predator animals such as raccoons and coyotes to the area. Also discussed was the waste smell and how it would be an issue."

Casdorph said there were already coyotes and raccoons — and even rats — in South Charleston and her housing chickens would not bring them to the area because they already existed here.

"It's not like my six chickens would bring all these coyotes," Casdorph said. "And, there's no data to prove or disprove that chickens attract coyotes."

Casdorph said the Department of Agriculture also says it thinks the city ordinance may be in opposition to the Right to Farm Act.

"If the code is in opposition to that law, then South Charleston won't really have a choice," Casdorph said.

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