N.J. Admin. Code § 2:24-7.2

Current through Register Vol. 57, No. 1, January 6, 2025

Section 2:24-7.2 - Apiary standards

(a) Colony density shall be as follows:

Tract of Land Size	Number of Colonies Allowed
up to 1/4 Acre	3
1/2 Acre	6
3/4 Acre	9
1 Acre	12
Over 1 acre	3 per 1/4 acre not to exceed (a)² below

2. Notwithstanding

(a)1 above, colony density shall not exceed 40 hives per contiguous tract of land.

3. For every two colonies permitted on a tract of land, there may be maintained upon the same tract one nucleus colony with no super attached from March 1st through October 31st. Any additional nucleus colony shall be moved to another location, tract, or combined with a colony on the same property within 90 days after the date made or acquired.

4. A beekeeper may seek permission from the governing authority to keep more hives than permissible under the requirements of this subchapter, by seeking a waiver as provided for under N.J.A.C. 2:24-7.3, Waiver.

(b) Swarming. A beekeeper shall manage all hives to limit and promptly address swarming using accepted swarm management techniques for the industry, which may include, but are not limited to, providing adequate room for colony growth, splitting, and requeening.

(c) Structure. In accordance with N.J.S.A. 4:6-10, a beekeeper shall keep all hives in manmade structures with removable frames in a sound and usable condition.

(d) Location. A beekeeper shall locate all hives a minimum of 10 feet from any property line and at least 20 feet from any roadside, sidewalk, or path.

1. Hives must be securely placed on level ground or secured on rooftop installations;

2. When hives are located on rooftops, they shall not be less than 20 feet from any area used for outdoor human activity; and

3. Hives are not permitted on balconies of multistory, multifamily dwelling unit buildings.

(e) Flyway barrier. When a colony is located less than 20 feet from any property line, a beekeeper shall establish a flyway barrier at least six feet in height consisting of a solid wall, fence, dense vegetation, or combination thereof that is parallel to the property line and maintain it to extend 10 feet beyond the colony in each direction, except if the property adjoining a colony is undeveloped or agriculturally utilized, when no flyway barrier is required on that side.

1. Notwithstanding this subsection, all flyway barriers must comply with any Federal, State, or local laws, rules, regulations, and/or ordinances.

(f) Water. A beekeeper shall provide all hives with access to adequate sources of water.

(g) Queens. A beekeeper shall select queens from Apis mellifera stock bred for gentleness and non-swarming characteristics. Queens shall be replaced within three weeks if a colony exhibits unusual defensive behavior without due provocation or exhibits an unusual disposition toward swarming.

(h) General maintenance. No bee comb or other materials that might encourage robbing by honey bees or other stinging insects shall be left upon the grounds of the apiary site in suburban and urban environments.

(i) Marking of hives. All beekeepers shall legibly mark hives with the hive identification. This hive identification shall correspond to the information provided in the apiary registration required by N.J. A.C. 2:24-3.1(b).

(j) Access. The beekeeper shall provide access to all apiaries under the beekeeper's control to inspectors from any and all governmental agencies with jurisdiction to enforce this chapter pertaining to the hives, maintenance of the hives, or disease control. Beekeepers will be notified in advance, where possible and feasible. If the beekeeper cannot be located, notice shall be to the landowner where the apiary is located.

(k) Inspection shall be conducted as follows:

1. The hives may be inspected as needed by the New Jersey State Apiarist or his or her designee; and

2. All colonies shall be managed by the beekeeper for disease and population management control no less than three times between March 1 and October 1 annually.

(l) Violations and enforcement are as follows:

1. A beekeeper who violates N.J.A.C. 2:24-4.1will be subject to penalties pursuant to N.J.A.C. 2:24-4.1(f). A beekeeper who violates other sections of this chapter shall be subject first to a written warning identifying each offense with written notice of corrective action required. If corrective action is not taken within seven calendar days after the receipt of such a warning, the beekeeper may be subject to a Notice of Violation. Enforcement of a Notice of Violation may include, but is not limited to, required immediate relocation of hive(s) at the beekeeper's expense, and/or revocation of the beekeeper's certificate of registration and his or her ability to keep bees.

i. Written appeals of a Notice of Violation by the beekeeper must be received by the Department, or the applicable governing authority within 25 calendar days after constructive, or actual, receipt of the Notice of Violation by the beekeeper or landowner.

ii. Written appeals of any Notice of Violation issued by the Department should be sent to:

Director

Division of Plant Industry

New Jersey Department of Agriculture

PO Box 330

Trenton, New Jersey 08625

iii. Written appeals of any Notice of Violation issued by a governing authority shall be sent to the address provided in the Notice of Violation.

2. In instances where the State Apiarist is not the official issuing the Notice of Violation, enforcement of the Notice of Violation, if appealed, shall be stayed pending the adjudicative process, unless the State Apiarist, or his or her designee, determines a stay is unnecessary pending the appeal process.

3. Denial or revocation of registration. The Department, shall deny or revoke the certificate of registration provided pursuant to N.J.A.C. 2:24-3.1 to any registered beekeeper who does not meet the requirements of this section . A written letter of denial stating the reason(s) for the denial and/or revocation of the registration will be issued by the Department.

i. Where a governing authority has authority pursuant to P.L. 2015, c. 76, the governing authority may request the Department take action to revoke and/or deny a certification pursuant to this subsection.

4. Appeal of denials or revocations. Beekeeper applicants who have been denied a registration or whose certificate of registration has been denied or revoked may appeal the denial to the Department.

i. Written appeals must be received by the Department within 25 days of the date on the letter of denial or revocation received by the applicant.

ii. Written appeals should be sent to:

Director, Division of Plant Industry

New Jersey Department of Agriculture

PO Box 330

Trenton, New Jersey 08625-0330

N.J. Admin. Code § 2:24-7.2

Adopted by 51 N.J.R. 577(a), effective 5/6/2019