Hastings, Ne had an ordinance on the books that did not allow beekeeping at all within city limits.
As of May of this year, the city council has amended that and now allows beekeeping in the city..
With it’s designation as a “Greenest City” it is only fitting that Hastings recognizes how important having honey bees and bee keepers in town is.
It was recently brought to my attention that the Nebraska beekeeping laws were repealed in 2004, leaving Nebraska beekeeping de-regulated. I investigate this and found the legal document from 2004 LB 835 did in fact, de-regulate Nebraska’s Apiary laws.
AGRICULTURE COMMITTEE
Senator Bob Kremer, Chairperson
ENACTED LEGISLATIVE BILLS
LB 835—Change Provisions of the Nebraska Apiary Act (Kremer)
LB 835 deregulates Nebraska’s beekeeping industry. The bill
amends the Nebraska Apiary Act, eliminating the requirement that
bee colonies be registered and inspected by the Nebraska Depart-
ment of Agriculture. The bill also provides that beekeepers no
longer need to obtain a permit to bring bees into the state.
This reduced regulation reflects the decline of beekeeping in Ne-
braska. The number of registered apiaries fell by more than half in
the last decade and because there was a corresponding decline in
inspections, it became difficult for the department to maintain its
inspection program.
LB 835 passed 39-0 and was approved by the Governor on March
19, 2004.
Many thanks to Drew Dickson for bringing this information to our attention.
(1) Abandoned apiary shall mean any apiary not regularly attended in accordance with good beekeeping practices and which constitutes a disease, parasite, or pest hazard to the beekeeping industry; (2) Apiary shall mean any place where one or more colonies of bees or nuclei of bees are located;
(5) Bees shall mean any stage of the common honeybee, Apis mellifera L;
(7) Department shall mean the Department of Agriculture;
(12) Nuclei shall mean a small mass of bees and combs of brood used in forming a new colony;
81-2,169. Beekeeping; infected bees or apiaries; nuisance; destruction.
(1) It shall be unlawful for any person knowingly to keep in his or her possession, without proper treatment, any colony of bees affected with any bee diseases, parasites, or pests or to expose any diseased or parasitized colony or infected hive or bee equipment so that flying bees may have access to them. Any person who knows that bees owned or controlled by him or her are affected with contagious or infectious diseases, parasites, or pests shall at once report such fact to the department stating all facts known to him or her with reference to the contagion or infection. When it has been determined that contagious or infectious diseases, parasites, or pests have been found in an apiary, such apiary may be quarantined by the department until released by the department. Whenever American foulbrood is found in the apiary, no colony, honey, or bee equipment of any kind shall be removed from the apiary unless under special written permit issued by the department. A notice shall be posted in each yard so quarantined, and written notice shall be sent to the owner or person in charge. Should any state be willing to accept bees or used bee equipment from a quarantined yard of bees in Nebraska, the department may, after all known contagious or infectious diseases, parasites, or pests have been destroyed, issue a special permit allowing bees and used bee equipment to be moved out of the state. (2) If an exotic disease, parasite, or pest is found to have been introduced into this state, the director shall have the authority to quarantine any portion of this state until he or she can determine whether the disease, pest, or parasite has spread and may take action to eradicate or prevent the spread of the exotic disease, parasite, or pest as provided in the Nebraska Apiary Act. Beekeepers affected shall be notified in writing of the quarantine and shall also be notified in writing when the quarantine is released.
81-2,173. Beekeeping; inspection certificate; procedure.
(1) The department shall issue certificates stating that an apiary is apparently free from infectious or contagious diseases, parasites, or pests after inspecting the apiary when such apiary is apparently free from such diseases, parasites, and pests and upon payment of the certificate fee provided for in section 81-2,174. Such certificate shall also state the date of inspection and shall continue in force for one year unless revoked for cause. (2) Any person may request an inspection for his or her apiary in order to obtain a certificate.
(1) If the director has reason to believe that any person has violated any of the provisions of the Nebraska Apiary Act or any rules and regulations adopted and promulgated under the act, an order may be entered requiring such person to appear before the director and show cause why an order should not be entered requiring such person to cease and desist from the violations charged. Such order shall set forth the alleged violations, fix the time and place of the hearing, and provide for notice to be given at least twenty days before the date of such hearing. After such hearing, if the director finds such person to be in violation, the director shall enter an order requiring such person to cease and desist from the specific acts, practices, or omissions. Such order shall be a final order. Any person aggrieved may appeal the order. The appeal shall be in accordance with the Administrative Procedure Act. (2) The director may apply for a restraining order, a temporary or permanent injunction, or a mandatory injunction against any person violating or threatening to violate the Nebraska Apiary Act, the rules and regulations, or a final order of the director. The district court of the county where the violation is occurring or is about to occur shall have jurisdiction to grant such relief upon good cause shown. Relief may be granted notwithstanding the existence of any other remedy at law and shall be granted without bond.
Last Date Amended: June 17, 1993
001.01 The definitions of terms contained in the Nebraska Apiary Act shall apply to such terms when used in these regulations. 001.02 Africanized honey bees shall mean Apis mellifera scutellata.
002.01 An apiary is apparently free of American foulbrood as follows:
002.01A An apiary shall be immediately deemed to be apparently free of American foulbrood if less than 3% of the colonies in the apiary are infected with American foulbrood provided that the owner or person in charge removes any infected colonies from the apiary. 002.01B An apiary shall be deemed to be apparently free of American foulbrood if more than 3% of the colonies in the apiary are infected with American foulbrood, provided that:
002.01B1 The apiary is not moved for at least 30 days; 002.01B2 All American foulbrood infected colonies are removed from the apiary;
002.01B3 Treatment measures have been taken; and,
002.01B4 The Department has reinspected and released the apiary.
002.02 An apiary is apparently free of Varroa mites as follows:
002.02A The owner or person in charge of the apiary has placed an EPA approved acaricide in the colonies to control any Varroa mites present prior to the Department’s inspection. 002.02B Ether roll or alcohol shake methods done by the Department indicate Varroa mites are not present in the apiary.
004.01 All persons must request a certificate as provided for in sections 81-2,172 and 81-2,173 of the act. 004.02 Prior to the issuance of a certificate, there shall be paid to the Department a certificate fee, to be paid in the following amounts:
004.02A $150 for the inspection of 1 to 250 colonies; 004.02B $200 for the inspection of 251 to 500 colonies;
004.02C $300 for the inspection of 501 to 1,000 colonies; and,
004.02D $400 for the inspection of more than 1,000 colonies.
004.03A Mileage: 24 cents per mile. 004.03B Inspection time: $15.00 per hour, including driving time.
In a recent discussion with a supervisor at the Douglas county health dept., I confirmed that if a local beekeeper was to place hives of bees at another or multiple locations within the city or county, the beekeeper, or the person responsible for the ownership and care of the bees, is to whom the permit is issued, not necessarily the landowner.
Douglas county will still need to inspect and issue a permit, if they determine it meets the conditions for such, before the bees can be placed.
In the event the property in question is within the county/city limits, but is zoned as agricultural, then a county permit is not required.
I have been informed by the Douglas county Dept of Health, which is responsible for inspecting and issuing permits to county residents to allow beekeeping on the property, that there is more to the situation than merely the ordinances of the City of Omaha and the County.
Please be aware, if you live in a housing sub-division that has an active housing covenant which you signed at time of moving in or purchase, there may be rules therein that prohibit beekeeping in that sub-division.
While we want to increase the number of responsible beekeepers in the area, we do not want to suggest that people violate the laws, ordinances or rules of the area they live in to do it.
We at BBE-Tech Apiary will be glad to support you in your effort to convince your local sub-division to allow beekeeping in your area by proving information and education that helps them to accept that beekeeping is a necessary and ecologically beneficial activity for their area.
After perusing the city ordinances of the City of Gretna, NE, I searched the document for any form of bee, beekeeping, beekeeper and no mention was found in any way to prevent, prohibit or otherwise manage beekeeping in Gretna, Ne. The document is linked here, so you may study the Ordinances if you like.
From the Bellevue Ordinance web page, under misc….
MISCELLANEOUS:
1. Any pawnbroker in the city must be licensed. Fee is $50 a year. (Section 22-17, Bellevue City Code)
2. Any trash hauler in the city must be licensed. Fee is $25 a year. (Section 13-64, Bellevue City Code)
3. Any ice cream vendor from a motor vehicle must be licensed. Fee is $50 a year, and he may not make any noise to attract customers such as ringing a bell, music, etc. (Section 23-27, Bellevue City Code)
4. All beekeepers must get a permit from the City Clerk upon payment of a $20 fee. Permit is good until the applicant discontinues or alters the beekeeping activity. (Section 6-116, Bellevue City Code)
Here is a link to a PDF of the full ordinance from the Planning and Permits Dept
If anyone might like assistance with the process of registering your bees in Bellevue, I have successfully registered hives in Bellevue and will be glad to help you through the process.
The State of Iowa has laws that appear mostly similar to those of the State of Nebraska, perhaps not quite as detailed. Beekeeping in Iowa is definitely allowed under current codes. The actual laws and codes can be found here.
I recently was informed by someone working for a local extermination company that it is unlawful in Nebraska for commercial exterminators to kill honey bees and that that said exterminators are compelled to refer honey bee cases to known bee keepers.
After searching the online website of Nebraska state statutes for any mention of honey bees, exterminators, etc.. and to this point, have found nothing to support this information.
I believe it is highly likely that many extermination/pesticide companies have internal policies suggesting these steps be taken. However, so far, I do not see any laws in Nebraska that prohibit extermination of honey bees.
If anyone has concrete evidence of such a law or statute, please email me so I can amend this post with the most correct information.
