North Carolina General Statutes 106-645. Limitations on local government regulation of hives
(a) Notwithstanding Article 6 of Chapter 153A of the N.C. Gen. Stat., no county shall adopt or continue in effect any ordinance or resolution that prohibits any person or entity from owning or possessing five or fewer hives.
(b) Notwithstanding Article 8 of Chapter 160A of the N.C. Gen. Stat., a city may adopt an ordinance to regulate hives in accordance with this subsection. The city shall comply with all of the following:
(1) Any ordinance shall permit up to five hives on a single parcel within the land use planning jurisdiction of the city.
Terms Used In North Carolina General Statutes 106-645
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- hive: means any receptacle or container, or part of receptacle or container, which is made or prepared for the use of bees, or which is inhabited by bees. See North Carolina General Statutes 106-635
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- permit: means an authorization to allow movement or other action involving bees or regulated articles. See North Carolina General Statutes 106-635
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
(2) Any ordinance shall require that the hive be placed at ground level or securely attached to an anchor or stand. If the hive is securely attached to an anchor or stand, the city may permit the anchor or stand to be permanently attached to a roof surface.
(3) Any ordinance may include regulation of the placement of the hive on the parcel, including setbacks from the property line and from other hives.
(4) Any ordinance may require removal of the hive if the owner no longer maintains the hive or if removal is necessary to protect the health, safety, and welfare of the public.
(c) For purposes of this section, the term “hive” has the same definition as in N.C. Gen. Stat. § 106-635(15). (2015-246, s. 8.)