The West Virginia Department of Agriculture (WVDA) has achieved a major legal victory for farmers and beekeepers across the state. In November 2024, the WVDA intervened in the Kanawha County Circuit Court case Alex Urban v. City of South Charleston to defend the rights of West Virginians to engage in agricultural practices, including beekeeping. This effort was part of the department’s commitment to protecting the right to farm and upholding the West Virginia Apiary Act.
Mr. Urban had previously petitioned the City of South Charleston for a permit to keep honeybees on his property, a request that was denied. Following his petition, the city enacted an ordinance prohibiting residents from keeping domesticated animals, including bees. In response, Mr. Urban filed suit against the city, and the WVDA intervened to protect its regulatory authority over honeybees.
The WVDA argued that the City of South Charleston exceeded its legal authority by attempting to regulate honeybees, a responsibility designated exclusively to the state under the West Virginia Apiary Act (§19-13-1 et seq.). Furthermore, the ordinance directly challenged the agency’s jurisdiction under the West Virginia Right to Farm Law (§19-19-1 et seq.), which safeguards the rights of farmers and beekeepers statewide. The Court ultimately ruled in favor of the WVDA, affirming that regulatory authority over beekeeping rests solely with the department.
“This decision reaffirms the WVDA’s role in regulating honeybees and ensures that West Virginians retain their right to farm,” said Commissioner of Agriculture Kent Leonhardt. “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.”
As a result of the case, beekeepers statewide can have reassurance they can continue to operate and contribute to local agriculture.
“The WVDA’s legal team and staff worked tirelessly on this case,” said Commissioner Leonhardt. “We worked diligently to ensure that the law remains clear and fair for all West Virginia farmers and beekeepers.”
