What does Jackson County and the Oregon Department of Revenue Have Against Bees?

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UPDATE November 2014: Wehde V Jackson County was decided in favor of Whede! Read more: Beekeeping Qualifies as EFU in Jackson County

The matter of Wehde V Jackson County is currently before the Oregon Tax Court. The Jackson County tax assessor’s office has taken the position that beekeeping operations are not sufficient use of farm land on certain soil types and thus beekeeping is not a sufficient use to maintain EFU (Exclusive Farm Use) tax rate and zoning status. The Jackson County tax assessors and the Oregon Department of Revenue’s position is preposterous and dangerous for Oregon’s economy, the beekeeping industry in general, and basic property rights. The State is attempting to establish legal precedent for statewide application of this skewed interpretation of the law.

 

Some background on Oregon State EFU zoning Laws would be helpful. First of all, the stated intention of the EFU laws are “The preservation of a maximum amount of the limited supply of agricultural land is necessary to the conservation of the state’s economic resources and the preservation of such land in large blocks is necessary in maintaining the agricultural economy of the state and for the assurance of adequate, healthful and nutritious food for the people of this state and nation.” Further, the law also defines honeybees as “livestock” and states that they are an “acceptable farm use”. Given the intent and the letter of the law, there is no reason a land owner should not be able to lease their land to beekeeping operations in order to maintain their EFU tax status.

 

The county has relied on a “highest and best use” concept from their administrative rule manual to remove 20 acres of the Wehde’s property from EFU status despite a very intensive beekeeping operation on the property in question. The county has also asserted that the Wehdes must put the ground under some type of cultivation, raise other livestock, or produce hay. One could easily argue that there is no higher or better use of the land in question than apiculture since honeybees are responsible for about $20 billion in commercial pollination and are the backbone of this state’s and the nation’s agricultural economy. Loss of healthy habitat is considered a contributing factor in Colony Collapse Disorder and general overall pollinator decline. Land managed in a natural uncultivated state provides habitat and forage for honeybees and native pollinators. Beekeepers are paid for pollination services on intensive agricultural land to ensure valuable crop production. Completion of this indispensable and economically valuable job frequently exposes honeybees to fungicides, pesticides, and other agricultural residues. This means honeybees will require healthy natural forage and habitat to return to so they can recover from the deleterious effects of their duty cycle. EFU land owners leasing to an intensive beekeeping operation is an excellent and legal way to meet the legal minimum farm income requirement. A land owner should be free to farm whatever livestock or crop they choose, especially if it is honeybees. Preservation of pollinator habitat and production of pollinators should be considered among the possible “highest and best” uses of farm land of any soil type.

 

Honeybee farming is an excellent way to preserve farm land and truly support Oregon’s agricultural economy. Pollinator populations of all types are on the decline. This is a real threat to agriculture and our food supply. Profitable preservation of pollinator habitat should be supported by our local and State governments. Honeybee pollination is responsible for at least a third of our diet and therefore consideration of our pollinator needs is imperative when making land use decisions and recommendations. Anything less from our State and local would be reckless. Healthy apiary sites are pivotal for successful beekeeping and incentive to encourage landowners and beekeeping operations to work together should not be removed. Given the value of pollination to our food supply and the agricultural economy, intensive apiculture has more beneficial downstream economic impact than any other crop that could be produced on the property in question. Queens and hives produced on an EFU property can be responsible for the pollination of 4 or more major crops per year in our bioregion. Honeybees as an acceptable farm use can sustainably preserve habitat and other resources such as water. Oregon’s food producers need a stable affordable supply of pollinators and our government not allowing honeybees as acceptable farm use is a threat to our food supply, agricultural economy, and pollinator populations.

Written as an article for the OSBA BeeLine by John Jacob and reprinted with permission.

 

WHAT CAN YOU DO?

  • Read the recent article in the Medford Mail Tribune here to see comments by the Tax Assessment office.
  • Email the Jackson County Tax Assessor and the Tax Court Magistrate with your comments on the issue and help educate our officials

              Josh Gibson, Assessor
              Email:GIbsonJO@jacksoncounty.org

              Dan Robinson, Magistrate
              Email: tax.court@ojd.state.or.us

 

Please protect bees and preserve farm land by contacting your local and state governments about the importance of pollinators and the right to farm honeybees.

Email your representatives! Here’s a list of those representing southern Oregon:

SENATE

HOUSE

 

To find the contact information for your state legislators based on your address, use the Find Who Represents Me section in the middle of the page at www.oregonlegislature.gov/.