Thank you for the opportunity to comment.  The proposed text of 2 VAC 5-319-30 states:

"E. An apiary operator shall maintain all colonies at least 10 feet away from property lines to prevent an individual from impeding normal bee flight activity from a hive. . . ."

This language does not account for the low risk presented by hives whose landing platforms face away from the property line.  As you know, honeybees use the upper, rear entrance of the hive on rare occasions, and do not use that rear entrance for orientation, day-to-day foraging, or mating flights.  Thus, there is no "impeding" of normal bee flight activity near the rear of the hive. 

The Fairfax County zoning ordinance in section 2-512, similar to other Virginia county ordinances, uses language that refers to the location and direction of the landing platform:

"If the landing platform of a hive faces and is within ten (10) feet of any lot line, there shall be a flight path barrier, consisting of a fence, structure or plantings not less than six (6) feet in height, located in front of the hive."

Thus, I recommend that you revise proposed 2 VAC 5-319-30(E) to read as follows:

E. An apiary operator shall maintain all colonies at least 10 feet away from property lines to prevent an individual from impeding normal bee flight activity from a hive, except that the side or rear of a colony may be located not less than four feet from a property line provided that a barrier that is no less than six feet in height is located between the relevant side or rear of the colony and the property line. If the landing platform of a hive faces and is within forty feet of any lot line, the apiary operator shall place the colony behind a barrier that is no less than six feet in height and is located between the colony and the property line. Barriers should be of sufficient density, length, and height to establish bee flyways six feet or higher above ground level.

You may wish to add definitions for "colony side," "colony rear," and "landing platform," if you feel that these terms are subject to misinterpretation.

This language would be consistent with -- but still more restrictive than -- for instance, the Michigan Department of Agriculture Generally Accepted Agricultural and Management Practice for bees (http://www.michiganbees.org/wp-content/uploads/2010/03/bee-GAAMPS.pdf), which states:

"Hives must be located in a quiet area of the lot, not placed directly against a neighboring property unless a solid fence or impenetrable vegetative barrier not less than six feet high forms the property boundary.  Keep hives as far away as possible from roads, sidewalks, and rights of way. Hive entrances should face in such a direction that bees fly across your property. If this is impossible, use barriers (hedges, shrubs, or fencing six to twelve feet high) to redirect the bees’ flight pattern."

And the Massachusetts Beekeepers' Association best management practices (http://www.mass.gov/eea/docs/agr/programs/bmp/bee-bmps.pdf), which states, without providing specific distances:

"If the hive is proximate to a property boundary in an urban or built-up area, attention should be given to the bees’ flight path. ... Consider using barriers, including solid fencing, hedges and shrubs six feet high or more, to redirect the bees’ flight path so that they do not fly directly into adjoining properties or areas where people may frequently pass."

Thank you for your attention and for your efforts.

Kind regards,

Ruth Miller