Zoning Troubles for Maryland BeekeepersEffort to Ban Beekeeping in Howard County!Beekeepers Defend Their Hobby!!Maryland beekeepers Dan and JeriHemerlein keep bees on their 3.5 acreproperty in Columbia, a planned communitydeveloped by the Rouse Companyin the earlier 70s. Columbia isnot an incorporated city in MD; governancecomes from the Columbia Associationand the community councils <strong>of</strong>the 10 villages <strong>of</strong> Columbia. The townhas tight covenants that permit thecommunities to control house color,choice <strong>of</strong> storm door, even the color <strong>of</strong>your living room shades. However, theHemerlein’s property is surrounded by,but is not part <strong>of</strong>, Columbia, so the villagesurrounding them cannot controltheir activities.In 2007 a complaint was filedagainst the Hemerleins for violating theHoward County zoning regulations requiringa 200’ setback for all structureshousing agricultural animals; bees aredefined in the zoning laws as an agriculturalanimal. A one acre lot is a littleover 200’ x 200’, so to keep bees morethan 200’ from the neighbors would requirewell over an acre <strong>of</strong> property; thatis an expensive requirement in HowardCounty. Unfortunately for the Hemerleins,the lay <strong>of</strong> their land limits wherethey can site their hives, a large part <strong>of</strong>the property is dense woods, more iswet lowland. The hives were 145’ fromone house and 65’ from another. Importantly,the complaint was about atechnical violation, not about a dangerousnuisance.When the Hemerleins informed fellowmembers <strong>of</strong> the Howard CountyBeekeepers Association (HCBA) <strong>of</strong> thecomplaint, and the setback requirement,everyone realized that this regulation,if enforced, would ban nearly allHoward County beekeepers from keepingbees. The club needed to respondor else loose a much enjoyed and verybeneficial hobby.HCBA president, Allen Hayes, andWayne Esaias, both <strong>EAS</strong> Master Beekeepers,took the lead and began to addressthe problem in three ways. Sincethe complaint was lodged when thehives were in cluster, they persuadedthe zoning <strong>of</strong>ficials that moving thehives during the winter could causeinjury or death <strong>of</strong> the hives. With thisshort reprieve they began to look forsupport from the county <strong>of</strong>ficials andVice-President. Two sympathetic members<strong>of</strong> the county council were found,Greg Fox and Mary Kay Sigaty. Theyrecommended that a petition be filedto modify the zoning regulations to bemore amenable to small-scale beekeeping.Finally, Dr. Esaias, researched andwrote a “MD Best Management Practices”(BMP) document for small-scalebeekeepers which could be adoptedby MSBA. (Members <strong>of</strong> <strong>EAS</strong> probablybest know Wayne from his talks on usingthe honey bee to monitor climatechange, a project that has received supportfrom NASA.) The MD Dept <strong>of</strong> Agalready has a BMP document, but it isbetter suited for commercial beekeepersproviding pollination services, notfor small-scale, backyard, beekeeping.Wayne has created a document whichbalances beekeeper responsibility andpublic acceptance <strong>of</strong> hives in the neighborhood.The big showdown came on Nov. 5,2009, at the public hearing <strong>of</strong> the HowardCounty Planning Board, for zoningregulation petition ZRA-117. The petition,written by council members Foxand Sigaty and the Howard CountyBeekeepers Assoc., sought to reducethe setback for honey bee hives from200’ to 25’, or 10’ if a fence or hedgeis placed in front <strong>of</strong> the hives. It alsorequired a water supply for the bees inthe yard, and that the beekeeper agreeto comply with the (still to be adopted)MSBA BMP document.Over 100 beekeepers showed upto support the petition while only fourpeople came to speak against. Councilmembers Fox and Sigaty were the firstto address the Planning Board explainingtheir support for the beekeepersas an activity that has a low pr<strong>of</strong>ile,greatly benefits the environment, andis the cause <strong>of</strong> few complaints. HCBAPresident Allen Hayes and MSBA PresidentSteve McDaniel spoke about thebenefits beekeepers provide to thecommunity including fresh local honeyfor those who feel it helps alleviate allergies,capturing swarms, classroompresentations, supporting activities innature centers, and other benefits. Dr.Wayne Esaias, explained that HCBAmembers are providing data for hisNASA climate research using hives inHoward County. Apiary Inspector JerryFischer provided information thatfact to note because with 84 registeredbeekeepers (probably down 50% fromearlier highs), this was the first complaintever brought to the Board. MDbeekeepers also take pride in our proximityto the “White House Bees” andthat they are maintained by an MSBAmember; so, it might be said that ifbee hives can grace the White House,it should be good enough for HowardCounty! (Did you see the hive on thecover <strong>of</strong> Bee Culture?)The opponents spoke about theirfear <strong>of</strong> bees flying in their yards. Oneperson had researched a cooperativeextension web page on beekeeping,had cataloged every negative behaviorhe could find, and then quoted thetext out <strong>of</strong> context. For example, heread warnings that lawn mowers couldcause bees to attack the mower operator,so he was concerned that anyonewho mowed their lawn in the neighborhoodwould be stung. Beekeepers knowthat that warning refers to mowing immediatelyaround hives. A second reada warning “to move slowly around thebees.” Neglecting to say is advice forbeekeepers inspecting open hives, itwas portrayed as a threat to childrenrunning in the neighborhood. Anothersc<strong>of</strong>fed at the reference to the WhiteHouse bees, stating that “the WhiteHouse has a bit more room than theyards in Columbia.”My wife, Adele, and I came preparedto speak, but the large turnoutkept us from exercising that option.We had prepared written testimony, sowhen the hearing was closed at 11:15PM, we left a copy with the clerk. Atthe conclusion <strong>of</strong> the hearing the Boardasked Mr. Fox and Ms. Sigaty to preparefinal language for the petition,any rebuttal to comments made byopponents, and to provide this to theBoard in early January. Our four pages<strong>of</strong> rebuttal addressed the outrageousclaims <strong>of</strong> danger and deliberate misrepresentationsportrayed by the opponents,including pointing out that thehive at the White House is on the southlawn where press conferences are heldwith foreign heads <strong>of</strong> state, helicoptersland, and annual Easter egg hunts areconducted.When rebutting opponents <strong>of</strong> beekeeping,try to reframe their statements<strong>of</strong> fear into more benign and familiarsituations. To those who claimthe MD State Beekeepers Association; there are 84 registered beekeepers in14 Winter, 2010Dan Hemerlein is a MSBA Regional the county. This was an important children will not be safe playing in the
yard, or fear guests will be in danger,one should point out that beekeepers,too, are parents and have friends whovisit. Would anyone continue a hobbythat was so overtly dangerous to theirfriends and family? No! To claims it isdangerous to operate power equipmentaround hives, point out the beekeeperswith well tended yards. A reasonableexplanation or counterpoint usuallycan be made with some careful thought,because, as we know, beekeeping is notthe dangerous activity that it is portrayedas by those who hold fearful andunreasonable positions.The beekeepers <strong>of</strong> Howard Countyare only asking that the zoning regulationsbe modified to permit the continuance<strong>of</strong> an existing activity which hasbeen so benign that it went unnoticeduntil this time. If the current regulationsare maintained and enforced, itwill be impossible to keep bees throughoutmost <strong>of</strong> the county.A final hearing will be held in earlyFebruary. No testimony will be taken atthe hearing. It will be the opportunityfor the Board members to state theiropinions and vote on the petition.David Morris,Maryland <strong>EAS</strong> DirectorGet Your <strong>EAS</strong> Journal ViaYour Email!Don‛t forget that we <strong>of</strong>fer the Journal electronically. Wehave been doing this for a little over a year now. Most <strong>of</strong>the ads and all <strong>of</strong> the photos in this journal are in color, soif you‛re still getting the printed copy you‛re missing out onall <strong>of</strong> that. Also, if you receive your journal electronicallyyou receive it at least a week, sometimes more, sooner thanthose getting the paper copy.To sign-up for the Electronic version <strong>of</strong> the <strong>EAS</strong> Journalplease visit our website:www.easternapiculture.orgBEEKEEPER MICROSCOPESPECIAL OFFEROmano OM36L Compound Microscope$439.00Includes• OM36L LED Compound Microscope• Slide Kit + Cover slides• Aluminum Carrying Case• Lifetime Limited WarrantyInspired and recommended by Randy Oliver, this Omano OM36L is easyto use and enables you to diagnose nosema infection, live, on site in thebeeyards – no more inadequate Lab analysis from disparate beeyards.Isn’t it time you owned one?Go to www.microscope.com or call us Toll Free 877.409.3556Please quote BC308 For Special Beekeeper’s Price When OrderingWinter, 201015
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