SOUTH CHARLESTON — After Kanawha County Circuit Court's recent overturning of South Charleston’s ban on beekeeping, siding with plaintiff M. Alex Urban and the West Virginia Department of Agriculture (WVDA) in a decision that underscores state authority over agricultural regulation, the city is now appealing the ruling.
The city is arguing that it has the right to regulate beekeeping under municipal law.
The court’s decision invalidated South Charleston’s ordinance prohibiting honeybees, citing conflicts with state law and overreach of municipal authority.
The court ruled that the city’s classification of bees as “animals” under its ordinance was invalid because honeybees do not fall under the definition of "animals" as outlined in West Virginia Code § 8-12-5(25).
The court also found that regulatory authority over beekeeping rests solely with the WVDA under the West Virginia Apiary Act.
Urban, an experienced beekeeper and South Charleston resident, initially challenged the ban when the city denied his request to keep bees on his property, which is zoned for agriculture.
Despite assurances to neighbors and the city’s property board regarding the safety and management of the hives, his permit request was denied in January 2023. In response, he filed a lawsuit arguing that the denial was arbitrary and inconsistent with state law.
The WVDA intervened in the case, noting the need to protect its regulatory authority and prevent municipalities from encroaching on state law.
When Kanawha Circuit Judge Tera Salango ruled in Urban's favor, Commissioner of Agriculture Kent Leonhardt praised the decision.
"This decision reaffirms the WVDA’s role in regulating honeybees and ensures that West Virginians retain their right to farm," Leonhardt said in a provided statement. "Beekeeping is a crucial component of agriculture and environmental sustainability, and we are committed to protecting those who contribute to our state’s food systems."
Leonhardt said the WVDA’s legal team and staff worked tirelessly on the case
"We worked diligently to ensure that the law remains clear and fair for all West Virginia farmers and beekeepers," he said.
The court ultimately ruled in favor of Urban and the WVDA, concluding that the city’s ordinance contradicts the West Virginia Apiary Act and the state’s laws preserving agricultural production.
“This case is about more than two beehives or neighbors who wanted free honey,” Urban previously told The West Virginia Record. “This is about the sovereignty of the State of West Virginia and a constitutional officer — Commissioner of Agriculture Kent Leonhardt — who has the sole legislative authority to safely regulate honeybees in this state under the Apiary Act.”
Following the court’s ruling, South Charleston has filed an appeal seeking to reverse the decision. The city’s legal team argues that the court erred in several key areas, including allowing the WVDA to intervene and ruling that bees are not animals under state law.
The city maintains that its beekeeping ban is necessary to address safety concerns, including the risk of bee swarms and potential allergic reactions from bee stings. In its appeal, the city emphasizes that public health and safety considerations justified the ordinance and that the court’s ruling undermines municipal authority.
The outcome of this case has broader implications beyond Urban’s right to keep bees.
The dispute highlights the ongoing tension between state and local governance, particularly regarding agricultural regulation.
If the appeal is successful, it could reinforce municipal authority over animal control and zoning issues.