7.1. PCSR 02-27-2018
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
Request for Action
To
Planning Commission
Item Number
7.1
Agenda Section
Work Session
Meeting Date
February 27, 2018
Prepared by
BrieAnna Simon, Planner
Item Description
Ordinance Amendment – Beekeeping
Regulations
Reviewed by
Zack Carlton, Planning Manager
Reviewed by
Action Requested
Review and discuss the proposed beekeeping ordinance.
Background/Discussion
The proposed amendment will regulate the keeping of honey bees on residential properties in all zoning
districts. Due to the increased concern with bee allergies, this ordinance is important to help ensure the
safety of residents.
Staff has received a number of calls pertaining to the keeping of honey bees on residential properties. The
current ordinance does not clearly define standards for the keeping of honey bees but permits 4 million
bees per one acre of fenced pasture land. The current ordinance does not provide any additional
information on the location of hives or other safety measures.
Staff evaluated a number of other Minnesota cities that permit the keeping of honey bees to develop a
proposed ordinance, see attached.
The Planning Commission is asked to review the proposed bee keeping ordinance, for clarity and
understandability.
Financial Impact
None
Attachments
Proposed Beekeeping Ordinance
Environmental Beekeeping Memorandum
Section 30-803 Animals
(e) Keeping of Honey Bees. Honey bees are an asset to the community and important in the pollination
of plants and in the production of honey and other products. The purpose and intent of this portion of
Chapter 30 is to permit and establish requirements for the keeping of honey bee colonies, hives, and
equipment as an accessory use within the City.
(1) Colony Density
(a) Every lot or parcel of land in the City shall be limited to the following number of
colonies as an accessory use based on the size of the apiary lot:
Parcel Size Maximum Number of Colonies
Less than 0.5 acres 1
0.5 acres to 0.75 acres 2
0.75 acres to 1 acre 3
1 acre to 5 acres 4
Greater than 5 acres Unlimited
(b) If any beekeeper serves the community by removing a swarm or swarms of
honeybees from locations where they are not desired, that person shall not be
considered in violation of the colony density restrictions in this section if the following
conditions are met:
(1) The person temporarily houses the honeybees at an apiary site of a
beekeeper registered with the City,
(2) The bees are not kept for more than thirty days, and
(3) The site remains in compliance with the other provisions of this section.
(2) Colony Location
(a) Hives cannot be located in the front or side yard. Corner lots shall be considered to
have two front yards. All hives must adhere to the below setbacks:
Parcel Size Minimum Distance (feet)
Front* Not Permitted
Side 10
Rear 10
Public Right-of-Way or
Trail Easements
20
Adjacent Dwelling Units 25
(b) Hives cannot be located in any drainage and utility easements; floodway or regulated
floodplain as defined in Division 11 of the city code; or the first 25 feet of the wetland
buffer setback as defined in Section 30-1852 of the city code.
(b) Except as otherwise provided in this Section, in each instance where any part of a
hive is kept within twenty-five feet of a lot line of the apiary site, a flyway barrier of at
least six feet in height must be constructed.
(1) The flyway barrier must consist of a wall, fence, or dense vegetation that
requires honey bees to fly over, rather than through, the barrier.
(2) If a dense vegetation flyway barrier is used, the initial planting may be a
minimum of four feet in height, but the vegetation must reach a height of at
least six feet within two years after installation.
(3) If a wall or fence flyway barrier is used, the materials must be decay
resistant, maintained in good condition and constructed in accordance with
Sections 30-796 of this code.
(4) The flyway barrier must continue parallel to the lot line of the apiary site for
at least ten feet in both directions from the hive or must contain the hive or
hives in an enclosure at least six feet in height.
(5) A flyway barrier is not required if the hive is located on a rooftop.
(3) Additional Requirements
(a) Honey bee colonies shall be kept in hives with removable frames, which shall be kept
in sound and useable condition.
(b) Each colony on the apiary site shall be provided with a convenient source of water
which must be located within ten feet of each active colony.
(c) Materials from a hive such as wax combs or other materials that might encourage
robbing by other bees shall be promptly disposed of in a sealed container or placed
within a building or other bee and vermin proof enclosure.
(d) For each colony permitted to be maintained, there may also be maintained upon the
same apiary lot, one nucleus colony in a hive structure not to exceed one standard nine
and five-eights (9-5/8) inch depth box, ten frame hive body with no supers.
(e) Beekeeping equipment must be maintained in good condition, including keeping the
hives free of chipped and peeling paint if painted, and any unused equipment must be
stored in an enclosed structure.
(f) Hives shall be continuously managed to provide adequate living space for their
resident honeybees in order to prevent swarming.
(g) In any instance in which a colony exhibits unusual aggressive behavior, it shall be the
duty of the beekeeper to promptly re-queen the colony.
(h) Honey may not be sold from any residential property unless a home occupation
permit has been obtained and required conditions met in accordance with Section 30-
801 of this code.
(4) Permit
(a) The application for a beekeeping permit must be upon a form provided by the City.
All required information must be complete.
(b) Each apiary site must apply for registration and receive approval prior to bringing
any honeybees into the City. A beekeeping permit is not required for sites over 5 acres
in size.
(c) If the beekeeper relocates a hive or colony to a new apiary site, the beekeeper shall
apply for an updated beekeeping permit, prior to the relocation, on the form provided
by the City.
(d) The beekeeping permit shall be valid until March 31 of each calendar year following
initial issuance and must be renewed by the registrant prior to expiration each year by
submitting a renewal form to the Planning Department on the form provided by the
City.
(e) Upon receipt of a beekeeping permit for initial review, the City will send written
notice to all owners of properties located within 350 feet of the property the apiary
site(s) are identified on. Any objections to the registration must be made in writing and
received within fourteen (14) days of mailing the notice. If any written objection is
received, the beekeeping permit must be referred to the City Administrator or designee.
(1) The beekeeping permit must be denied if the City receives a written
objection from a resident living within the designated notification area that
includes medical documentation by a licensed physician of an allergy to
honeybee venom.
(f) Beekeeping training and education is required for the beekeeper prior to the issuance
of the initial beekeeping permit by the city. At the time of application for registration,
the beekeeper must submit a certificate of completion of a honeybee keeping course
from an accredited Minnesota institution.
(g) The fees for the registration will be determined by the City Council in the city’s fee
schedule.
(h) The property must be in compliance with all other applicable city regulations in order
to receive approval and renewal.
(i) If the standards of practice are not maintained subsequent to issuance of a
beekeeping permit, the permit may be revoked by the City Administrator or designee.
(j) Beekeepers operating in the city prior to the effective date of the Section will have
until July 1, 2018 to apply for registration.
(5) Inspection
(a) Upon initial registration, annual renewal or any updated registration, each
beekeeper must allow for an inspection of the site.
(b) Upon prior notice to the owner of the apiary site, city staff shall have the right to
inspect any apiary.
(c) In the case of a complaint regarding the apiary, the apiary site may be inspected
without prior notice.
N:\Departments\Community Development\Planning\Case Files\OA\OA 18-99 Beekeeping\6-Exhibits\Beekeeping
memo.docx
Memorandum
To: Planning Department
From: Amanda Bednar, Environmental Coordinator
Date: February 15, 2018
Subject: Keeping of bees and the benefits of pollinators
_______________________________________________________________________
The City of Elk River continues to be a leader in sustainability practices including native
plantings, greenspace and natural resources management. Many residents continue to do
their part to make sustainable choices including the food they purchase and consume. In
addition to the keeping of chickens, many residents have also expressed interest in bees.
Bees provide local food via honey production and also play a very valuable role in the
pollination process.
Bees are a key part of the agriculture production and pollination of fruits, vegetables, nuts
and flowers. Natural habitat disruption, pesticide use and numerous bee diseases have
significantly impacted honey bee populations. This honey bee crisis is referred to as Colony
Collapse Disorder. Providing bee flowers and nesting habitat is incredibly beneficial to bee
populations. Bee keeping has become quite popular and is included in the GreenStep Cities
Best Practices for city sustainability.
Beekeeping is not an easy task and can be quite costly. However the benefits that honey bees
can provide to individual residents and our pollinator community at large is significant.
There is significant benefit to our local community in increasing the bee population.
Work Session
The new chickens! No additional hive or safety measuresof fenced pasture landCurrent ordinance permits 4 million bees per one acre One Hive –approximately 5,000-20,000 bees
Honey Beekeeping Regulations
http://www.mnbeekeepers.com/educate/about-bees/
Allergies of “bees”prevent from being squashed Only sting to protect hive or reactions 0.0003% of the over 3,600 will develop more severe Over 425 bee species in MNhoney beesknown
US bee species are to honey bees
Public Concerns -Stings
http://www.edgewaterco.com
Fly Away Barrier Hive Entrance Water Source on Own Hive Location Regulations: Forces bee’s fly up and awayROW or Trail EasementsAdjacent Front or Side YardReduce human contactPropertyDwelling
Units–6 foot min
Public Concerns -Stings
https://www.mnbeekeepers.com/help/honey-bee-swarms/
Occurs when bee’s have inadequate housingNot Overcrowding Professionals in area can Beekeepers manage hive to reduce from happeningLate spring early summerdangerous of hivesrelocate
Public Concerns -Swarms
https://www.mnbeekeepers.com/help/honey-bee-swarms/
HousingHive size requirementsHelps beekeepers prevent overcrowding seminars Reduced permit fee for attending educational Continuously managed hives
Public Concerns -Swarms
https://www.mnbeekeepers.com/help/honey-bee-swarms/
Best management practicesWinterizing Disease preventionPredator protection
Education
https://www.mnbeekeepers.com/help/honey-bee-swarms/
Charge $150Site VisitCity Fee reduced to $15 with class certificateBeekeeping in Northern Climates Year 1 Ongoing enforcementPublic $135 class from U of MNotice–Staff Approval
Permit Fee
(3)(gto promptly reaggressive behavior, it shall be the duty of the beekeeper Not a concern in northern climates.) In any instance in which a colony exhibits unusual Only concern with
a southern honey bee species-queen the colony.
Regulations -Eliminate
Staff asks the Planning proposed bee keeping ordinance, for Commission to clarity.review the
Honey Beekeeping Regulations