By Marc Hoffman
Last updated: February 5, 2019
In 2014, after a four-year multi-step process, Montgomery County revised its entire zoning code. The Montgomery County Beekeepers Association was an active participant beginning early in the process. Educated with the facts about beekeeping, every councilmember supported beekeeping. Throughout the process, through many public hearings, not a single person testified against beekeeping.
The result is that beekeeping is expressly permitted in all parts of the county.
A detailed analysis of the zoning code is below, but it is important to understand that 14 incorporated areas within the county are entitled to make their own rules. As of mid-2016 none had regulated beekeeping, but they could pass regulations at any time. Home Owner Associations (HOA) are also entitled to restrict beekeeping. Therefore, while zoning does not forbid beekeeping in condos or apartments, but building management may restrict it.
Maryland State Rules
By LAW, beekeepers must:
1) register their bees with the state of Maryland ANNUALLY. It is free, and you can download the registration form HERE.
2) If you keep bees on someone else's property, a hive in the apiary must be marked, identifying you as the hive owner.
3) You must report symptomatic AFB - American Foul Brood disease.
4) State regulations can be seen HERE.
Our View
The Montgomery County Beekeepers Association’s policy is that some places are simply not suitable for beekeeping. We beekeepers have been given extraordinary latitude because over the years Montgomery County beekeepers have been extraordinarily cooperative and responsible and because our fellow citizens have been unusually understanding and supportive. Do not insist on keeping bees where they are not welcome.
Experts from the club can assist in siting hives to minimize interactions with neighbors. In case of conflict, several avenues are available. Club members, and especially our Master Beekeepers, can assist in educating people about bees and beekeeping. Gentle bees are important in Montgomery County, and MCBA experts can recommend steps to eliminate conditions that might contribute to defensive bees. Club members, and especially Gregg Gochnaur, our long-time state bee inspector, can assist with mediation. If your land is not suitable, the MCBA website has a list of people interested in hosting beekeepers.
Montgomery County Ordinances
If you want to see exactly how the above mentioned rules are codified, you can CLICK HERE to see the 362 page document, and use the info below to quickly zero in on the beekeeping zoning rules.
The zoning code is Chapter 59 of Montgomery County Ordinances. The critical information begins on page 3-5 with the Table of Uses. Number 3.2.6 is Farming and 3.2.9 is Urban Farming. Beekeeping is included in Farming (Page 3-15), which is completely permitted in zones designated P. Beekeeping is also included in Urban Farming, which is permitted in limited fashion in all zones with L. You will notice that between Farming and Urban Farming all zones are covered. Now look at the descriptions of the specific limitations for Urban Farming (Page 3-16). Beekeeping is expressly permitted and is expressly not limited.
Therefore, beekeeping is permitted in all zones with no zoning limitations whatsoever. This is not a fluke or coincidence, but was intentional, worked out over years with the appropriate lawmakers and staff.
An additional relevant section is Community Garden (3.2.2). Beekeeping is specifically allowed in Community Gardens and none of the limitations in the section apply to beekeeping.
The previous zoning code was ambiguous as to whether a beehive is a structure. The current definition of Structure (page 1-17) is clear that a normal beehive is not a structure. This was clarified at our request.
If you have any questions or if you see something that raises any questions, contact Marc Hoffman at wildwoodflower@gmail.com.