N.J. Admin. Code § 2:24-7.4

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

Section 2:24-7.4 - Administrative standards for delegated municipalities

(a) Pursuant to P.L. 2015, c. 76, a municipality may pass an ordinance to adopt by reference these apiary standards (this chapter) promulgated by the Department. The ordinance shall designate the municipal office responsible for monitoring these standards.

(b) Municipalities must provide the Department copies of such ordinance(s) two weeks in advance of formal consideration of such ordinances.

(c) If a municipality that has assumed responsibility of monitoring and enforcement of this chapter finds there is a condition or circumstance in the municipality that is not resolved by this chapter, the municipality shall request guidance from the Department. The Department shall provide guidance no later than 90 days after the request is received.

1. Upon expiration of the 90-day period, the municipality, if it has consulted with the Department, the New Jersey League of Municipalities, the New Jersey Beekeepers Association, and the Mid-Atlantic Apiculture Research and Extension Consortium, or successor organizations with similar purposes, may adopt by ordinance a standard to address the condition or circumstance, provided that the standard reflects consideration of population density, the density and intensity of development, type of land use, and honey bee biology and behavior.

(d) Upon adoption by reference of the Department standards by municipal ordinance with actual notice to the Department, the Department shall provide the municipality with a list of registered beekeepers in the municipality pursuant to N.J.A.C. 2:24-3.1(k) and communicate to the municipality the delegation of regulatory authority to monitor and enforce apiary activities and registrant compliance with the standards.

(e) The Department shall annually submit to each municipality with authority delegated pursuant to this section, a listing of each registered bee yard, beekeeper, and the property owner, if the owner is not the beekeeper, in that municipality, including the number of bee yards registered, hives per bee yard, and bee yard(s) location(s). The listing for the current year will be provided by March 31.

(f) Covering the period between February 15 and October 15 annually, municipalities with delegated regulatory authority shall submit reports of apiary activity to the Department, as follows:

1. The municipality shall submit reports to the Department by May 31, August 30, and October 30;

2. Reports shall contain the following:

i. Number of registration applications incorrectly sent to the municipality and forwarded to the Department;

ii. Number and type of complaints from residents including complaints of swarms and/or disruptive contact of honey bees with swimming pools;

iii. Number of monitoring inspections by the municipality; and

iv. Number and type of enforcement actions taken.

N.J. Admin. Code § 2:24-7.4

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