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Bill to set beehive setbacks from paved roads draws split testimony from residents, beekeepers and the state
Summary
Senate Bill 23-43 would require setbacks for beehive placement near paved roads and establish penalties; supporters cited road safety and lost honey revenue while hobby and commercial beekeepers, the state apiary inspector and industry groups warned of significant negative impacts and enforcement challenges.
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Senator Richard Marshall introduced Senate Bill 23-43 to the committee, citing concerns from constituents about beehives placed near paved roads and the safety and economic impacts of bees striking vehicle windshields. “The reason I introduced this…is at the request of my constituents for motor vehicle operator safety and to increase the beehive revenue,” Marshall said, noting North Dakota’s leading national honey production.
Supporters included local residents who described repeated roadside bee yards and the practical difficulty of filing complaints under current rules. Kevin Herman told the committee some county plats used to record hive locations are not readily accessible to the public and that complaint counts may under-report incidents. Another resident noted research that suggests bee mortality can be high where vehicles strike insects and argued setbacks could reduce hazard and bee loss.
Opponents included hobby and commercial beekeepers and the former state apiary inspector. Adam Pachl, a hobby beekeeper and former North Dakota Department of Agriculture (NDDA) apiary inspector, said the bill would render over 10% of licensed locations illegal and could eliminate about one-third of hobby locations: “This bill will do nothing but harm beekeeping in North Dakota,” he testified, adding that honey bees commonly forage several miles and that moving hives a half-mile will not reliably prevent road crossings.
Pachl and other beekeepers also warned the proposal could disrupt landowner-beekeeper agreements, educational hives at zoos and museums, overwintering sites and commercial operations that depend on nearby access. He and others emphasized the current registration and signage requirements provide a way for the public to contact beekeepers and resolve problems without statewide setbacks.
The NDDA’s state bee inspector, Samantha Bruner, provided factual background and operational constraints. She said the department’s apiary program has four full-time staff and relies on seasonal workers to conduct external compliance checks; two staff are primarily dedicated to in-hive health inspections. Bruner told the committee the bill would eliminate about 2,700 locations (roughly 13% of registered sites) and that enforcement would require more staff — something the department has already found difficult during peak season.
Committee outcome: The hearing compiled a range of testimony but the committee did not take immediate action on SB 23-43 at the conclusion of the hearing. Several senators and witnesses suggested technical fixes, clarified existing complaint and seizure procedures in state law, and emphasized the programmatic limits of the NDDA in enforcing new distance rules.
Ending: The committee closed the SB 23-43 hearing after hearing multiple days’ worth of testimony in favor, opposed and neutral; senators asked the department and stakeholders to provide additional data on enforcement costs and the location of registered yards before further action.
