Sunday, March 1, 2015

Researching laws, regulations, statutes, etc

As I researched the "what"s and "hows" of starting up a hive, some of the most important advice I read was selecting the best location for the hives.  To determine what my options were, I began researching the state and local laws regarding beekeeping.  This wasn't as easy as I thought it would be.

I figured if you wanted to find out what the applicable laws were, you just look them up.  So I searched on line for Tucson and Arizona bee laws.  Among the first items that result in such a search online was the "The Birds, the Bees and the Beasts: Fact Sheet on Backyard Farm Animal Rules in Tucson".  Since it was a bit dated (Feb. 2011), I decided to check the facts.  After consulting Part II, Chapter 11, Article I, Section 11-3 of the Tucson City Code, I found it was pretty accurate (with only one discrepancy I found, which I'll highlight later on).

In summary, laws / ordinances / rules on backyard beekeeping allow beekeeping in all residential areas, and only a few rules apply:

1. Number of bees permitted:  "One hive, stand, box or other structure, natural or otherwise, containing bees is permitted for each 2500 square ft of LOT area.  Exception:  Zones SR and IR (TCC 11.3(1)) where more than 1 hive is permitted."  This means that if I own 0.25 acres (aprox. 10,000 square feet), then I can have up to 4 hives.  I don't think I'd put that many in my yard, but I could per the law.

2. Structures and facilities:  "If bees are kept within 30 ft of any exterior lot boundary line, a barrier must be erected that will prevent bees from flying through it. The barrier must be at least 5 ft high and consist of plant, hedge or any constructed material.  The barrier must extend at least 30 ft beyond the APIARY in both directions.  (TCC 11.3(1))."

3. Provision of water:  "Fresh, clean watering facilities for bees shall be provided on the premises.  (TCC 11.3(1))."

4. Registration:  "Each beekeeper shall register the beekeeping operation with the Arizona Commission of Agriculture and Horticulture (TCC 11.3(2))."  This is the one rule that seemed challenging because  I attempted to contact the "Arizona Commission of Agriculture and Horticulture" and found a few scattered results; the foremost being the Arizona Department of Agriculture.  However, when I searched the AZ Dept. of Agriculture's website for anything relating to bees, the only results were a brief explanation that individual landowners are responsible for removing unwanted bees from property, a few forms for documenting agreements between beekeepers and landowners (where apiaries are located). 

Note: If you search around, you will likely find references to A.R.S 3-801 as an applicable law granting the Arizona Department of Agriculture authority to have an Apiary Program, but this statute was apparently repealed as the only item relating to beekeeping or apiaries in the A.R.S. 3-367.02 (Notification by beekeepers of bees located in a commercial agricultural area).  Also, after further research, A.R.S. § 3-801, was repealed by Laws 1994, Chapter 337 as referenced at https://statelibraryofarizona.wordpress.com/state-agency-administrative-histories/.

So the laws/ordinances impacting Tucson Arizona beekeepers are pretty light... unless I have missed something!

1 comment:

  1. Very useful, thank you! Side note, indeed one would contact the AZ DOA.

    This link says that the Arizona Commission of Agriculture and Horticulture was dissolved in 1991, and its responsibilities were transferred to the AZ DOA.
    https://azlibrary.gov/sla/agency_histories/arizona-commission-agriculture-and-horticulture-1909-1991

    ReplyDelete