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Gaithersburg, MD Animal Ordinances: Beekeeping (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

State Law
MD Agriculture Article 5-501
Registration
Annual with MD Dept. of Agriculture by April 1
City Ban
None -- permitted in Gaithersburg
Inspection
State Apiary Inspector may inspect for disease
Best Practice
6-ft flyway barrier near property lines

Summary

Beekeeping in Gaithersburg is permitted under Maryland Agriculture Article 5-501, which requires every beekeeper to register each apiary annually with the Maryland Department of Agriculture before April 1. There is no Gaithersburg-specific ban or municipal permit requirement for keeping bees. The state registration allows the State Apiary Inspector to track colony health and inspect for diseases such as American foulbrood and varroa mite infestations. Montgomery County zoning (Chapter 59) may impose accessory-use conditions in specific residential zones, and hive placement should follow general nuisance setback principles to avoid creating disturbances for neighbors. Best management practices recommended by the Maryland Beekeepers Association include maintaining a flyway barrier of at least 6 feet near property lines, providing an on-site water source, and keeping colony numbers appropriate to the lot size. The MDA Apiary Inspection program provides free guidance and disease testing for registered beekeepers throughout the state.

Apiary Inspection. Maintaining healthy honey bee colonies is very important to Maryland agriculture. Crops valued in excess of $40 million require or benefit from honey bee pollination in the State. Managed colonies are increasingly important since most wild honey bees have died due to parasitic mites. Apiary inspectors work with beekeepers to help them maintain healthy colonies. Inspectors visit about two-thirds of Maryland's apiaries (sites where bee colonies are kept) each year and examine colonies for diseases and pests. Beekeepers are advised on how to treat problems found. [...] To request an inspection of your honey bee colonies e-mail [email protected]. Maryland Law requires everyone who keeps bees to register their colonies within 30 days of first obtaining a honey bee colony and then annually thereafter. Download the Application for Registration of Honey Bee Colonies. Beekeeping is a popular hobby and source of income for beekeepers. There are over 2,300 beekeepers in Maryland that keep roughly 18,700 colonies scattered throughout the state. Beekeeping clubs work to promote the hobby and assist in educating their members and the community about bee culture. [...] On the Web: Apiary Inspection Regulations 15.07.01; Maryland State Beekeepers Association.

Source: MD Dept. of Agriculture -- Apiary InspectionView official code

Official source re-checked September 8, 2026: the cited page had not changed since it was quoted.

Full Breakdown

Maryland Agriculture Article 5-501 establishes the statewide regulatory framework for beekeeping and requires every person who keeps one or more colonies of bees to register with the Maryland Department of Agriculture annually before April 1. The registration is free and can be completed online or by mail through the MDA Plant Protection and Weed Management section. Registration enables the State Apiary Inspector to maintain records of apiary locations, conduct disease inspections, and issue quarantine or destruction orders when necessary to prevent the spread of American foulbrood or other serious bee diseases.

The inspector may enter registered premises during reasonable hours to examine hives. Gaithersburg does not impose a separate municipal ban, permit, or registration requirement for beekeeping beyond the state mandate. However, hives placed in residential zones within Gaithersburg should comply with general nuisance standards under Montgomery County code. If bees create a documented nuisance for neighbors -- such as frequent stinging incidents, swarms on neighboring property, or congregating at nearby pools and water features -- the county can pursue enforcement through nuisance abatement provisions. Montgomery County zoning (Chapter 59) may impose accessory-use conditions in specific zones, and residents in planned unit developments or HOA communities should check their covenants for additional restrictions.

Best management practices include maintaining a flyway barrier (a solid fence or dense hedge at least 6 feet tall) within 10 feet of hives when the apiary is adjacent to neighboring properties, as this forces bees to fly upward immediately upon leaving the hive and reduces conflicts at ground level. Providing an on-site water source such as a shallow birdbath with landing stones prevents bees from congregating at neighbors' pools, birdbaths, or pet water bowls. Colony count should be limited to what the lot and surrounding forage area can reasonably support -- typically 2 to 4 hives for a standard suburban lot.

The Maryland Beekeepers Association and the Montgomery County Beekeepers Association both offer mentorship programs for new beekeepers. Maryland is also a member of the Apiary Inspectors of America interstate compact, which facilitates the movement of bees across state lines for pollination services with proper health certificates.

Violations & Fines

Failure to register with MDA by April 1: subject to state enforcement action and potential inability to move colonies across county lines. Nuisance complaints from neighbors are handled through Montgomery County code enforcement and may result in required relocation of hives or colony reduction.

Frequently Asked Questions

Do I need a permit from Gaithersburg to keep bees?
No city permit is required. You must register your apiary annually with the Maryland Department of Agriculture under Agriculture Article 5-501 before April 1. Registration is free. Contact MDA Plant Protection and Weed Management at 410-841-5920 for assistance.
How many hives can I keep in Gaithersburg?
Neither Gaithersburg nor Montgomery County sets a specific hive limit for residential properties. Best practice for a standard suburban lot is 2 to 4 hives. Keep a reasonable number for your lot size, provide a water source, and maintain flyway barriers to minimize neighbor impacts.
What if my neighbor complains about my bees?
Nuisance complaints are handled through Montgomery County code enforcement. Maintaining flyway barriers, providing water sources, and keeping gentle bee genetics reduce the likelihood of complaints. The State Apiary Inspector can also mediate disputes.

Sources & Official References

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