HomeMy WebLinkAbout06-16-26 Public Comment - C. Dreger - Need to establish regulations for bee hives in Bozeman June 10, 2026
Bozeman City Commission
PO Box 1230
Bozeman MT. 59771
Re: Need to establish regulations for bee hives in Bozeman
Sirs:
Currently there are no regulations in Bozeman to regulate bee hives in the city. I live in Baxter
Medows West, (2492 Farrier Lane), and have a neighbor, (2489 Andalusian Ave.), placing a bee
hive within 2-3 feet of my back property line, approximately 5-6 feet from my back patio,and
12-15 feet from a city sidewalk leading to Chief Joseph Middle School which is 2 blocks away.
Maintaining my 8 foot high rock wall supporting my patio, (pulling and spraying for weeds puts
me within a foot of the lot line and within 3 feet of the bee hive). This is unacceptable to me
and does not meet any state guidelines regarding bee hive placement. As Bozeman does not
regulate bee hives this issue defaults to the State of Montana.
Montana state law establishes baseline hive placement guidelines, and local jurisdictions often
layer additional requirements on top of these minimums. The State of Montana does address
the issue of urban zones where local codes may mandate hive setbacks of 10 to 25 feet from
fences, buildings, and lot lines. Water access is a critical consideration. Bees require a constant
water source, and without one will seek water including neighbors birdbaths, pools, and dog
water bowls.The standard approach is to orient hive entrances away from property lines,
walkways, and areas where people and animals congregate and to redirect bee flight paths
upward which reduces the likelihood of bees coming into direct contact with neighbors or
passersby. The State also mandates hive registration and health inspections of the hives.
Considering the lot where the hive is located, none of the above State mandates are met.The
hive is basically on a lot line, is near a city sidewalk, and has no available water on its lot or any
adjacent lot. This places the hives owner, my neighbor, in opposition to the States
recommendations and required registration.This information has been forwarded to the
Bozeman Code dept. and I am waiting for a determination from them to have the hive
removed. I consider its placement a safety and health issue.
I strongly suggest to the City Commssion to adopt bee hive regulations for the city to keep its
residents hives in line with State mandates/recommendations. No Bozeman resident should
have to deal with a problem such as mine. If the City of Bozeman had a bee hive
code/regulation, this would insure the residents of Bozeman do not have to deal with bee hive
issues that are unsafe for them and unhealthy for the bees.
For reference, attached are bee keeping regulations/codes for the cities of Butte-Silver Bow,
Helena, and Great Falls. All address urban bee hive placement,water issues, required health
inspections, and city registration fees.
Sincerely
Colleen Dreger
cadreger@icloud.com
(715) 492-5598
COUNCIL BILL NO. 2023-12
ORDINANCE NO. 2023-12
1 AN ORDINANCE ESTABLISHING A NEW CHAPTER OF THE BUTTE-SILVER BOW
2 MUNICIPAL CODE (B-SB MC) TO BE NUMBERED 6.28 AND TO BE ENTITLED
3 "BEEKEEPING", REPEALING SECTION 6. 12.040 OF THE B-SB MC, AND
4 PROVIDING FOR AN EFFECTIVE DATE HEREIN.
5 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF COMMISSIONERS OF
6 THE CITY AND COUNTY OF BUTTE-SIVLER BOW, STATE OF MONTANA:
7 SECTION 1 : New Chapter: There is hereby created a new Chapter
8 of the Butte-Silver Bow Municipal code (B-SB MC) to
9 be named "Beekeeping" and to be numbered 6. 28 .
10 SECTION 2 : NEW SECTION: There is hereby created a new section
11 of the B-SB MC to be numbered 6.28 . 010, which shall
12 read as follows:
13 "6. 28 . 010 Jurisdictional Area. Unless specified
14 otherwise, the provisions of this chapter shall
15 apply to that area defined as the City-County of
16 Butte-Silver Bow fire protection services district
17 more particularly described in subsection (h) of
18 Section 7 . 03 of the Charter of the government of
19 the City-County of Butte-Silver Bow, Montana. "
1
1 SECTION 3 : NEW SECTION: There is hereby created a new section
2 of the B-SB MC to be numbered 6. 28 . 020, which shall
3 read as follows :
4 "6. 12 . 020 Purpose._ The purpose of this chapter is
5 to establish parameters regarding the keeping and
6 maintaining on any premises, property, or place
7 withing the jurisdictional area, hives, or
8 colonies of bees . "
9 SECTION 4 : New Section: There is hereby created a new section
10 of the B-SB MC to be numbered 6.28 . 030, which shall
11 read as follows :
12 "6. 28 . 030 Definitions .
13 A. "Apiary" means a location where one or more
14 colonies of bees are kept or one or more hives
15 containing honeycombs or bee combs are kept.
16 B. "Colony" means bees and their hive (s) combined
17 and all equipment used in connection with the
18 hive (s) .
19 C. "Hive" means a frame hive, box, barrel, log gum,
20 skep, or other receptacle or container, natural or
21 artificial, used as a domicile for bees .
2
1 D. "License" means the current year registration
2 issued by the Animal Services Department for an
3 apiary with the fee set forth in Section 6. 28 . 040
4 and includes the Apiary Certificate of Registration
5 issued by the Montana Department of Agriculture in
6 accordance with Section 80-6-102 of the Montana
7 Code Annotated. "
a SECTION 5 : New Section: There is hereby created a new section
9 of the BSB-MC to be numbered 6.28 . 040, which shall
10 read as follows :
11 "6.28 . 040 Hobby Beekeeping Conditions.
12 A. Hobby beekeeping is permitted in the
13 jurisdictional area as defined in Section 6. 28 . 010
14 and subject to the limitations set forth in Section
15 6. 28 . 050 and the zoning regulations set forth in
16 Title 17 of the BSB-MC.
17 B. Any person, firm, or corporation who maintains
18 honeybees must license and register each hive with
19 the Butte-Silver Bow Animal Services Department,
20 and register with the Montana Department of
21 Agriculture, pursuant to Montana Administrative
3
1 Rule 4 . 12 . 113 entitled "Registration and
2 Certification Fees- Apiary Fees" .
3 C. All hives shall be initially registered and
4 licensed with the Animal Services Department at
5 least thirty (30) days prior to the establishment
6 of a colony and each hive will be assessed a five
7 (5) year license fee of twenty-five dollars
8 ($25 . 00) .
9 D. The Animal Services Department shall have the
10 right to inspect a hive at any time.
11 E. The Animal Services Department may utilize its
12 discretion to seek outside consultation when it
13 deems necessary to assist in its inspection of hives
14 or its investigation of any alleged violations of
15 this chapter. "
16 SECTION 6: New Section: There is hereby created a new section
17 of the BSB-MC to be numbered 6. 28 . 050, which shall
18 read as follows :
19 "6. 28 . 050 Beehive Limitations . The keeping of an
20 apiary within the jurisdictional area as defined in
21 Section 6. 12 . 010 of this chapter shall be limited
4
1 as follows:
2 A. Commercial apiaries are not permitted within
3 the jurisdictional area defined in Section 6. 28 . 010
4 of this chapter.
5 B. A property owner must have a minimum parcel size
6 of nine thousand (9, 000) square feet for one (1)
7 observation hive of no more than six (6) frames,
8 each no larger than ten inches by twenty inches
9 (10' x 20") in size, and with no more than two (2)
10 pounds of bees.
11 C. A property owner with a parcel greater than
12 twenty thousand (20, 000) square feet may have no
13 more than three (3) hives of honeybees on that
14 parcel of property.
15 D. A property owner with a parcel greater than one
16 (1) acre may have up to five (5) hives of honeybees
17 on that parcel of property.
18 E. A property owner with a parcel greater than five
19 (5) acres may have up to ten (10) hives on that
20 parcel of property.
21 F. Beehives shall not be maintained on premises
5
1 where any adjoining property resident has a known
2 medically diagnosed allergic reaction to honeybee
3 stings . "
4 SECTION 7 : New Section: There is hereby created a new section
5 of the BSB-MC to be numbered 6. 28 . 060, which shall
6 read as follows :
7 "6. 28 . 060 Distance Required. All hives must be
8 maintained at least fifteen (15) feet from the
9 boundary lines of the lot on which such hives are
10 located, unless a six-foot hedge, fence, or other
11 barrier is erected between the hive (s) and the
12 adjoining lots, with the intent of lifting bee
13 flight patterns above six (6) feet . "
14 SECTION 8 : New Section: There is hereby created a new section
15 of the BSB-MC to be numbered 6. 28 . 070, which shall
16 read as follows :
17 "6. 28 . 070 Water Supply. No honey beehive shall be
18 maintained unless an adequate supply of water is
19 always furnished by the beekeeper from April 1501
20 to October 15t" of each year. "
21 SECTION 9 : New Section: There is hereby created a new section
6
1 of the BSB-MC to be numbered 6.28 . 080, which shall
2 read as follows:
3 "6. 28 . 080 Moveable framed hives.
4 A. All beehive colonies shall be maintained in hives
5 with movable frames .
6 B. All hives shall be entirely moveable.
7 C. All hives shall be maintained to have adequate
8 space in the hive to reduce overcrowding and
9 swarming. "
10 SECTION 10 : New Section: There is hereby created a new section
11 of the BSB-MC to be numbered 6. 28 . 090, which shall
12 read as follows:
13 "6. 28 . 090 Colonies.
14 A. Colonies shall be maintained by the resident
15 beekeeper.
16 B. Colonies of bees shall be re-queened, united
17 with another hive, split, removed, or tother such
18 appropriate action, following any swarming " of
19 aggressive behavior. "
20 SECTION 11 : New Section: There is hereby created a new section
21 of the BSB-MC to be numbered 6. 28 . 100, which shall
7
1 read as follows:
2 116. 28 . 100 Hive restrictions .
3 A. Non-moveable frame hives or unmanaged hives
4 (honeybees which live in the sides of houses,
5 attics, decks, sheds, etc. ) are prohibited with the
6 City-County of Butte-Sivler Bow, Montana.
7 B. Feral honeybees may occupy tree cavities if they
8 do not constitute a public nuisance. "
9 SECTION 12: New Section: There is hereby created a new section
10 of the BSB-MC to be numbered 6.28 . 110, which shall
11 read as follows :
12 "6. 28 . 110 Night manipulation prohibited. Beehives
13 may not be manipulated later than one hour after
14 sunset and earlier than one hour before sunrise
15 unless the hives are being moved to or from another
16 location. "
17 SECTION 13: New Section: There is hereby created a new section
18 of the BSB-MC to be numbered 6. 28 . 120, which shall
19 read as follows :
20 A. Any violation of this chapter shall be punishable
21 by a fine not to exceed five hundred dollars
8
1 (500 . 00) and the beehive owner shall be ordered to
2 abate the violation or remove any hive not in
3 compliance with the provisions of this chapter.
4 B. Jurisdiction for any violations shall be in the
5 Butte-Silver Bow City Court .
6 SECTION 14: REPEALER: Section 6. 12 . 040 entitled "Keeping apiary
7 prohibited" is hereby REPEALED.
8 SECTION 15 : Effective Date. This Ordinance shall be in full
9 force and effect from and after thirty (30) days
10 after its passage and approval.
11 PASSED this day of 2023.
12
13
14 SHAWN FREDRICKSON
15 CHAIRMAN OF THE COUNCIL OF COMMISSIONERS
16
17
18 APPROVED this day of 2023.
19
20
21
22
23 J. P. GALLAGHER
24 CHIEF EXECUTIVE
25
26 ATTEST:
27
28
29
30 CLERK AND RECORDER
9
1
2
3
4 APPROVED AS TO FORM:
5
6
7
8
9 EILEEN JOYCE
10 COUNTY ATTORNEY
11
12
13
14
15 WILLIAM 0. ANDERSEN
16 CHAIRMAN, JUDICIARY COMMITTEE
10
I)lione and/or in writinf . If the animal c0ri i ics a clesignation a Seivic(, Animal together with
• die phone imnihei of addi e, � of the owner, Ilw Animal `:)heltei will aLlempt co ielui n OW
,miingl to the owner. I Iic Animal Contiol Otficei may issue a citation to the person recleoming
an in tal<en animaI foi violationi of any pi ovision of this chapter I .
C. I ho owner.of any anirnaI which has been in taken, upon proving owner-diiI) thereof, may
i ecleen-i the animal frorn I:he shelt:ei upon satisfying the following c:onclitioi and payment: of
die following flies:
1 , flee Animal is legally allowed by the Montana Code Annotated a d within the incorporated
City limits;
2. Proof of cornpliance'41A at t:lie anim.il ha. all recli iired r eck, a1, State, of loc,i1 1)ci niits;
3. An intakce fee establis ft4c1 by the Animal Shelter for ea�li clay, or part thei eof, that the
animal has been held in the Animal �helter; and
/I. Any veterinary fees in(ui i ed,
1) A conviction foi a violation of this section is a r isdemeanoi IRINshable by a fine not: to exceed
five hunched dollars (1,500.00) and m@.y alsoKe subject to ilie olhei penaltie,, spr-,cified in
(Orcl. 3160, 2017).
6.1 .320 - Surrender/crematory fE:c — dogs c�Ii;id cats.
i
A. The Animal Sheltei will cli- ose of clead clogs or d�_sid cats for a fee to be establisliecl by City
Coini-nissiOn ResOILM ri, if the animal is transported tq the Animal 5heltE'r by the owner.
13 f he Animal dispose of (logs and cats for a� wnei who i i i es ponslble foi the
g � I
payment of f Os established by established by City Comini"sion ReSOIIItaOn.
C. These Fe/clo not apply to persons or igencies covered by a Ni itten contract with the Animal
Shelt,ei; in such case the terms of the Conti act shall apply.
Ei.1 .►40 - Animal Shelter Policies
[lie Gi eat F- ' ++4irirti--. .it-ermmlrn-T which are consistent kvit h
this 'l itle, foi the maintenance of clay-to-day operations.
(Oi el. 3160, 20 17). 7 FA 1, S
Chapter 2 - BEES
Sec lions:
a
r
. ('Orel 3'l60, 2017).
6.2.05 - W f")1.(.-�r stAI. pIy.
ICI+_) I►olloy hop Iim- slt!.Iil he ma'Irtt+-lined t.inles,l an dde(lUate st.11al)ly Of v+rdtel is furnished by the,
hr+ I:+_±rt�►�► .�t all rimF-•-. froc►-, .Api it t tri (_)+_t0 hrr 15 of each yetit.
(Oi cl. :3160, 2017).
6.2.060 - Moveable framed hives.
A. All bee hive colonies shall be maintained in Hives with movable Fraine,�
B. All hives shall be entirely moveable.
C. All hives shall be mairttaiiiecl to have adequate space in the hive io reduce over ci owding and
swarming.
(Ord. 3160, 2017),
6.2.070 - Colonies.
A. Colonies shall be rnahitairtecl by the resident beekeeper.
-- ueened, united with another hive, split, removecl, or other such
Great Falls ai:rswArtinot aggressive behavior,
MONTANA
6.2.080 - Hive restrictions.
A. Non-moveable frame hives or unrnanaged hives (honeybees which live iii, sides of houses,
attics, decks, sheds etc.) are prohibited within the City limits.
13. Fei al Honeybees inay OcculDy tree cavities, if they clo not constitute a pciblic nuisance as
clefined by OCCGF i
(Ord. 3160, 2017).
6.2.090 - Night manipulation prohibited.
Bee Hives may not be rnanipulittncl later tl-tan one hom after sunset and earlier than one horn
befoi e sc.inrise, sinless the hives ate being moved to or from another location.
(C)rcl. 3"I60, 2017).
6.2.100 - Penalties.
A. Any violation of this c liapt:er sliall be punisltahle by a fine not to exceed Give Iwnclrecl dollars
(`1)00.00).
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City of Helena, Montana
316 N. Park Avenue, Room 150
Helena, MT 59623
(406)447-8450 Fax (406)447-8377
citywater@helenamt.gov
City of Helena APIARY LICENSE APPLICATION City of Helena
LICENSE IS VALID FOR ONE YEAR-JANUARY 1 THROUGH DECEMBER 31
City ordinance permits the keeping of two hives by a hobbyist beekeeper upon obtaining an apiary license.
Please complete the required information below including attachments and return this form with the$15 fee to
the address shown above.
Owner's Name:
Physical Address:
Mailing Address:
Phone Number:
Number of hives
Species of bees
Address or property description where hives will be kept:
This property is r7 owned or leased by me.
Describe the type of hive used and size:
Attached:
n Montana Department of Agriculture hobbyist apiary site registration
Site plan showing:
• property owned or leased where the apiary site is located,
• availability of a water source within 20'of the site,
• location of hives with respect to property lines(at least 15'from property lines); and
location and type of 6' high barrier between the site and adjoining property that prohibits the direct
flight of bees.
I agree not to manipulate the hobbyist apiary site between the hours of sunset and sunrise unless the hives are
being moved to or from another location or for public safety. I further agree that the apiary site must be
requeened or united with another hive following any swarming or aggressive behavior by the bees of this site or
any hive therein.
I hereby certify that I am the owner of the bees and that I will personally manage, maintain and operate the
apiary site.
Signature Date
vvith Payi-fl:it)