CHARLESTON — The West Virginia Department of Agriculture has filed a motion to intervene in a case involving the City of South Charleston and a resident who wants to keep honeybees.
The WVDA argued that it has interest in the matter because of the West Virginia Apiary Act, according to the motion filed in Kanawha Circuit Court.
“The present matter directly impacts the WVDA’s authority to regulate the keeping of honeybees in this State,” the motion states. “If the City of South Charleston is permitted to use its ‘animal’ ordinance to deny an individual the ability to keep honeybees — when it would otherwise be permitted by the WVDA — then the City has usurped the authority of the WVDA, rendering the Apiary Act and accompanying regulations meaningless,” the motion states.
Although the petitioner’s and the WVDA’s arguments are aligned in this regard, the present case goes beyond the petitioner’s private interest in honeybee-keeping and involves a broader interest by the state to protect its authority from encroachment by a municipality.
M. Alex Urban filed his lawsuit against the city in August.
Urban claims he resides in an area of South Charleston that is zoned for residential homes — specifically an R-4 zone and South Charleston City Code guarantees residents the right to agriculture in R-4 zoned areas.
When Urban moved to South Charleston, he inquired with city officials about whether or not he needed a permit to keep honeybees and he was told he was required to apply for a permit with the city's property board, according to the suit.
Urban claims he filed his petition on Oct. 20, 2022. He also explained to the property board how he would care for them and where they would live, and checked with his neighbors regarding their agreement to him keeping honeybees.
"In reference to minimizing dangers of honeybees, Mr. Urban explained in the petition that using a smoker to smoke the honeybees keeps the honeybees docile and so they can be easily manipulated and handled," the motion states. "Mr. Urban also assured the Property Board that he would not enter the hives if his neighbors or their pets were present to ensure their safety."
Urban claims he also explained that the hives would be placed on level ground, would be strapped down to make sure they were stable and he would take all steps to make sure the bees would not bother his neighbors in their ascent and descent from their hives.
When Urban presented his petition to the board, one of the board members, Mike Frye, made the comment that if they granted Urban's petition, they would have to also grant other peoples' petitions, according to the suit.
Urban claims his petition was denied on Jan. 2. He claims the permit denial was unreasonable, arbitrary and capricious.
Urban has been deprived of the enjoyment of his property and a hobby that has roots in a family tradition that is very meaningful to him because of the denial from the city.
Urban is seeking a court judgment against the defendants, an order declaring his rights, an order declaring that the ordinance is void and preempted by West Virginia code and West Virginia Department of Agriculture regulations and an order issuing a permit to raise the honeybees. He is represented by Guy R. Bucci and Ashley N. Lynch.
WVDA is represented by Deputy Attorney General Anthony D. Eates II.
The case is assigned to Circuit Judge Tera Salango.
Kanawha Circuit Court case number: 23-C-683
