Beekeeping Laws
Research digest of public rules for Pearland / Brazoria County / Texas keepers — not legal advice.
This page is a research digest of public rules for Pearland / Brazoria County / Texas keepers, not legal advice. Last reviewed 8 September 2026.
Jurisdiction: Pearland, Brazoria County, Texas (hobby keepers).
Last reviewed: 2026-09-08.
Hive count per acre: Jump to agricultural valuation (1-d-1) hive-density tables — statewide 5–20 acres, then county CAD numbers. This is a tax qualification, not a keeping ordinance.
This page is a research digest of publicly posted statutes, rules, and municipal materials. It is not legal advice, not an ordinance, and not a substitute for reading the current text of the law or consulting counsel. Private deed restrictions and homeowners-association covenants can prohibit or limit hives even where public law is silent.
How to use this page
Read the binding duty first (who must do what), then the source. Prefer the official statute or code over a secondary summary.
Scope. This digest is written for hobby keepers who keep Apis mellifera in Pearland, Brazoria County, Texas. Pearland city limits also extend into Harris County and Fort Bend County. Inside Pearland city limits, City of Pearland ordinances apply regardless of which county the parcel sits in. County-only rules, if any, apply in unincorporated territory, not inside the city.
What this page does not do. It does not invent ordinance numbers. If a local search found no dedicated hive-count, setback, water, swarm, or neighbor-notice rule, that absence is stated and the materials searched are named. It does not include street addresses, telephone numbers, email addresses, CAD account numbers, or homestead details.
How to keep it current. Fees and the TAIS reportable-pest list can change without a statute amendment. Recheck the Texas Apiary Inspection Service (TAIS) Forms & Fees page and Pests & Diseases page, and recode Pearland Chapter 6 on Municode, before relying on a number.
Federal
Packaged honey offered for sale
Who: Any person who packages honey as a food for sale in interstate commerce, or whose product is otherwise subject to the Federal Food, Drug, and Cosmetic Act (FD&C Act).
Must:
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Not adulterate or misbrand the food. Sections 402 and 403 of the FD&C Act prohibit adulterated and misbranded food. FDA’s honey-labeling guidance applies those sections to honey and honey blends. A product that is not exclusively honey must not be labeled simply as “honey.” A blend must use an accurate statement of identity (for example, “blend of honey and corn syrup”) and list ingredients by common or usual name in descending order of predominance by weight.
Sources: FD&C Act §§ 402, 403 (21 U.S.C. §§ 342, 343), https://www.law.cornell.edu/uscode/text/21/342 and https://www.law.cornell.edu/uscode/text/21/343; FDA, Guidance for Industry: Proper Labeling of Honey and Honey Products (Docket FDA-2006-P-0207), https://www.fda.gov/regulatory-information/search-fda-guidance-documents/guidance-industry-proper-labeling-honey-and-honey-products; 21 CFR § 101.3 (statement of identity), https://www.ecfr.gov/current/title-21/section-101.3; 21 CFR § 101.4 (ingredient declaration), https://www.ecfr.gov/current/title-21/section-101.4. -
Place required label elements on packaged food. The principal display panel must bear a statement of identity and a net-quantity declaration. The label must also identify the name and place of business of the manufacturer, packer, or distributor. Net quantity for a viscous food such as honey is declared by weight. Under the Fair Packaging and Labeling Act, net quantity on a consumer commodity must appear in both customary inch-pound units and SI metric units, except for foods packaged at the retail-store level. FDA’s food-labeling guide states the same dual-unit practice.
Sources: 21 CFR § 101.1 (principal display panel), https://www.ecfr.gov/current/title-21/section-101.1; 21 CFR § 101.5 (name and place of business), https://www.ecfr.gov/current/title-21/section-101.5; 21 CFR § 101.7 (net quantity), https://www.ecfr.gov/current/title-21/section-101.7; Fair Packaging and Labeling Act, 15 U.S.C. § 1453(a)(2), (a)(6), https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1453; FDA, A Food Labeling Guide, https://www.fda.gov/files/food/published/Food-Labeling-Guide-%28PDF%29.pdf. -
Nutrition labeling, unless an exemption applies. Most packaged foods must bear nutrition labeling under 21 CFR § 101.9. Exemptions exist in § 101.9(j), including specified small-business tests. A hobby seller who ships or otherwise places honey in interstate commerce should confirm whether an exemption applies before omitting a Nutrition Facts panel.
Source: 21 CFR § 101.9, https://www.ecfr.gov/current/title-21/section-101.9.
FDA’s honey guidance is guidance: it does not create independent duties, but it explains how FDA reads the FD&C Act and 21 CFR part 101.
Country of origin and USDA grade marks
Who: Packers of honey that is imported, and any packer who places an official USDA grade or inspection mark on packed honey.
Must:
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Imported packed honey must be marked with its country of origin in English, conspicuously and indelibly, for the ultimate purchaser. That duty comes from the Tariff Act of 1930, not from a hobbyist’s use of a USDA grade shield.
Sources: 19 U.S.C. § 1304(a), https://www.law.cornell.edu/uscode/text/19/1304; 19 CFR part 134, https://www.ecfr.gov/current/title-19/part-134; USDA Agricultural Marketing Service (AMS) clarification, 83 Fed. Reg. 31441 (July 6, 2018), https://www.federalregister.gov/documents/2018/07/06/2018-14509/country-of-origin-labeling-of-packed-honey. -
Packed honey that bears an official USDA grade mark, continuous-inspection mark, sampling mark, or similar USDA statement must also bear the country or countries of origin, legibly and permanently, in close proximity to and at least comparable in size to that mark, preceded by “Product of” or words of similar meaning. If the honey is not officially grade-labeled, this additional AMS marking rule does not apply (the Tariff Act rule for imports still does).
Sources: Food, Conservation, and Energy Act of 2008 (2008 Farm Bill) § 10402, amending the Agricultural Marketing Act of 1946, 7 U.S.C. § 1622(h); AMS final rule, 76 Fed. Reg. 251 (Jan. 4, 2011), https://www.govinfo.gov/content/pkg/FR-2011-01-04/html/2010-33137.htm; 7 CFR § 52.53 (approved identification), https://www.ecfr.gov/current/title-7/section-52.53.
USDA grade labeling of honey is voluntary. A hobby keeper who does not use USDA grade marks and who sells only domestic honey is not required by the Farm Bill COOL rule to print a country-of-origin statement.
Interstate movement of live bees
There is no general federal hobby-keeper registration for backyard hives. Interstate movement of bees and used equipment is regulated primarily by state apiary laws (in Texas, Agriculture Code Chapter 131 and TAIS permits). USDA Animal and Plant Health Inspection Service (APHIS) plant-pest and honey-bee import rules can apply to international importation; they are not a substitute for the Texas interstate permit described below.
Africanized honey bees
Africanized honey bees (Apis mellifera hybrids) are established in Texas. TAIS states that the first U.S. detection was in south Texas in 1990 and that, by August 2006, Africanized honey bees had been detected in 163 of Texas’s 254 counties. TAIS describes them as microscopically smaller than European honey bees, with the same venom, but with a greater tendency to swarm, abscond, nest in ground-level cavities, and defend. There is no separate federal “AHB permit” for a Pearland hobby hive. Keepers remain subject to Texas disease-and-pest law and to ordinary nuisance and animal-control principles if colonies are unmanaged or unduly defensive.
Source: Texas Apiary Inspection Service, Africanized Bees, https://txbeeinspection.tamu.edu/africanized-bees/.
Pesticides (keeper-adjacent; not a FIFRA treatise)
Who: Anyone who uses a pesticide, including in-hive mite treatments, and anyone who applies pesticides near foraging bees.
Must:
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Use a registered pesticide only as the label directs. It is a violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to use a registered pesticide in a manner inconsistent with its labeling. EPA is the federal registering authority.
Sources: FIFRA, 7 U.S.C. § 136j(a)(2)(G), https://www.law.cornell.edu/uscode/text/7/136j; EPA, Protecting Bees and Other Pollinators from Pesticides, https://www.epa.gov/pollinator-protection (page last updated July 27, 2026). -
Use only EPA-registered in-hive products for Varroa, and honor any food-residue (tolerance) rules. EPA publishes the list of pesticide products registered at the federal level for use against Varroa destructor in bee hives and has advised that using unregistered substances in hives can result in illegal residues in honey under the FD&C Act. States may be more restrictive.
Sources: EPA, EPA-registered Pesticide Products Approved for Use Against Varroa Mites in Bee Hives, https://www.epa.gov/pollinator-protection/epa-registered-pesticide-products-approved-use-against-varroa-mites-bee-hives; EPA, Advisory on the Applicability of FIFRA and FFDCA for Substances used to Control Varroa Mites in Beehives, https://www.epa.gov/pollinator-protection/advisory-applicability-fifra-and-ffdca-substances-used-control-varroa-mites. Vadescana. EPA has also registered products containing the active ingredient Vadescana for control of Varroa destructor in honey bee hives. Use only EPA-registered products as labeled. The EPA Varroa product list is the product reference; the American Beekeeping Federation legislation page is a pointer summarizing the EPA announcement.
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Follow pollinator-protection directions on outdoor insecticide labels. Since 2013, EPA has required additional pollinator language on specified outdoor foliar neonicotinoid products, including “do not apply while bees are foraging” and related restrictions, with a bee-advisory box. Applicators—not the neighboring hobby keeper—bear the label duty, but a keeper who applies insecticides in a yard is an applicator.
Source: EPA, New Labeling for Neonicotinoid Pesticides, https://www.epa.gov/pollinator-protection/new-labeling-neonicotinoid-pesticides. -
Texas lead agency. The Texas Department of Agriculture (TDA) is the state lead agency for pesticide regulation in Texas: product registration, applicator licensing (agricultural and structural), and related enforcement. TDA’s Structural Pest Control Service implements Occupations Code Chapter 1951.
Source: Texas Department of Agriculture, Pesticides, https://texasagriculture.gov/Regulatory-Programs/Pesticides.
A Texas municipality generally may not adopt its own pesticide-sale-or-use ordinance except in the narrow cases listed in Occupations Code § 1951.005 (for example, fire/building storage rules, disposal sites, sewer discharge). Source: Tex. Occ. Code § 1951.005, https://statutes.capitol.texas.gov/Docs/OC/htm/OC.1951.htm.
Texas
Texas apiary law is Agriculture Code Chapter 131, administered by the chief apiary inspector (Texas Apiary Inspection Service, Texas A&M AgriLife Research). Implementing rules are in 4 Texas Administrative Code Chapter 71. Honey-labeling Subchapter E is enforced by the Department of State Health Services, not TAIS.
Sources: Tex. Agric. Code ch. 131, https://statutes.capitol.texas.gov/Docs/AG/htm/AG.131.htm; TAIS, Regulations, https://txbeeinspection.tamu.edu/regulations/; Texas Secretary of State, Texas Administrative Code, https://www.sos.texas.gov/tac/index.shtml; 4 Tex. Admin. Code § 71.24 (beekeeper registration), adopted 48 TexReg 6207 (eff. Oct. 24, 2023).
Chapter 131 was substantially amended by H.B. 4538, 88th Legislature, effective September 1, 2023.
Registration (voluntary to keep hives)
Who: Each beekeeper in Texas may register annually with the chief apiary inspector. Registration is not a condition of owning hobby hives.
Must, if the keeper chooses to register: Submit the information the inspector requires, including the county or counties of operation. The inspector may require a map of each apiary; a map so submitted is a trade secret under Government Code Chapter 552 and may not be disclosed. Registration expires August 31 following the date it is issued. TAIS currently charges $35 per registration year (September 1 through August 31). TAIS states that registration “will not be mandatory by state law but may be required for participation in other programs.”
How to register: use the current Beekeeper Registration Application linked from the TAIS Forms & Fees page.
Sources: Tex. Agric. Code § 131.045; 4 Tex. Admin. Code § 71.24; TAIS, Forms & Fees, https://txbeeinspection.tamu.edu/forms-fees/; TAIS, Regulations, https://txbeeinspection.tamu.edu/regulations/.
Bee-removal work is different. A person acting as a beekeeper who collects, removes, or destroys honey bees is exempt from the Texas Structural Pest Control Act only if the person (1) is registered with the chief apiary inspector under Agriculture Code Chapter 131, Subchapter C, (2) does not use pesticides or electrical devices other than conventional bee smokers or Chapter 131 equipment, and (3) collects, removes, or destroys honey bees. TAIS additionally requires a current registration plus a no-fee Bee Removal Statement (valid September 1–August 31) for listing on the TAIS bee-removal roster.
Sources: Tex. Occ. Code § 1951.056, https://statutes.capitol.texas.gov/Docs/OC/htm/OC.1951.htm; TAIS, Regulations and Forms & Fees.
Interstate shipment of bees or equipment
Who: A person who ships or causes to be shipped bees or equipment into or out of Texas.
Must: Hold a permit issued by the chief apiary inspector. One permit covers all of that beekeeper’s shipments and expires August 31 following issuance (term not more than one year). Apply before the 10th day preceding a shipment if the person does not already hold a permit on that 10th day. A shipment originating outside Texas also requires a certificate of inspection from the origin state’s official inspector or entomologist (actual inspection not more than 12 months before shipment, certifying apparent freedom from disease and reportable pests) or a Texas inspection not more than 12 months before the shipment. TAIS currently charges $200 for the interstate permit.
Exception: Section 131.041 does not apply to a shipment of package bees (live bees in cages without combs or honey).
Sources: Tex. Agric. Code § 131.041; TAIS, Forms & Fees, https://txbeeinspection.tamu.edu/forms-fees/; TAIS, Regulations.
Sale of queens, packages, colonies, and nuclei
Who: A person who sells or offers for sale a queen bee and attendants, package bees, colonies, nuclei, or queen cells in Texas.
Must: Accompany the bees with either (1) a copy of a certificate from the chief apiary inspector that the source apiary was inspected not more than 12 months before shipment and found apparently free from disease, or (2) a copy of an affidavit by the beekeeper that, to the beekeeper’s knowledge, the bees are not diseased. TAIS describes the affidavit as a self-generated signed and notarized statement.
A requested inspection currently costs $100 (queen-breeder inspection $300). A subsequent inspection that the inspector determines is necessary to contain, treat, or eradicate a reportable disease or pest carries an additional fee of not less than $25.
Sources: Tex. Agric. Code §§ 131.023, 131.044; TAIS, Regulations; TAIS, Forms & Fees.
Hive identification
Who: A person who operates an apiary in Texas, except an apiary at the beekeeper’s principal residence.
Must identify hives by one of the following:
- clearly and permanently mark the hives with the person’s name as provided by § 131.064; or
- brand the hives, in accordance with § 131.064, with a brand registered to the person by the chief apiary inspector; or
- post a weatherproof sign within the apiary containing the name and contact information or the brand number of the person managing the apiary, printed in lettering at least one inch high.
A name or brand affixed under § 131.064 must be burned, pressed, painted, or otherwise permanently marked in figures at least one-half inch high, on one or both ends of the hive. TAIS currently charges $10 for an apiary-equipment brand. Brand format is seven numbers separated by hyphens.
Note on TAIS summary vs. statute. TAIS’s Regulations page summarizes identification as “one-inch letters or numbers on each end of the hive body.” The statute sets one-half inch for a name or brand on the hive and one inch for a weatherproof sign. Follow the statute; the TAIS page is a summary.
Sources: Tex. Agric. Code §§ 131.061–131.065; TAIS, Regulations; TAIS, Forms & Fees.
Operating an apiary without required identification, or altering a registered brand without authorization, is a Class C misdemeanor. Unauthorized possession of altered branded equipment, possession of branded equipment without a bill of sale or written proof of ownership, and use of a brand not registered to the user are prima facie evidence of an offense.
Sources: Tex. Agric. Code § 131.122; Tex. Penal Code § 12.23 (Class C: fine not to exceed $500), https://statutes.capitol.texas.gov/Docs/PE/htm/PE.12.htm.
Reportable diseases and pests
Who: Every beekeeper.
Must: Immediately report to the chief apiary inspector all facts known about affected bees if the beekeeper knows that a colony has a reportable disease or contains a reportable pest. The inspector must maintain and publish the list.
TAIS’s published reportable list, as of this review, is:
- American foulbrood (AFB)
- Tropilaelaps mites
- Yellow-legged hornet
Failure to report as required is a Class C misdemeanor. Other listed pests and diseases (European foulbrood, Varroa, small hive beetle, and others) appear on TAIS’s “other” list and are not the § 131.025 reportable list.
Sources: Tex. Agric. Code §§ 131.025, 131.121(a)(2); TAIS, Pests & Diseases, https://txbeeinspection.tamu.edu/beekeepers/pests-diseases/; TAIS, Regulations.
Disease-control powers, quarantines, and movable frames
The chief apiary inspector may adopt rules; prohibit shipment or entry of bees, honey, combs, pollen, or other items capable of transmitting disease or pests except in accordance with those rules; and seize and order destruction, treatment, or sale of colonies, equipment, pollen, or honey that contain pests, are diseased, infectious, or abandoned, or violate Chapter 131 or a rule or quarantine. Apiaries, equipment, or bees are considered infectious if the bees are not hived with movable frames or are not stored so as to prevent possible spread of disease or pests, or if they generally comprise a hazard or threat to disease control.
If a quarantine is declared, a person may not move or ship bees, equipment, pollen, or honey into or out of the quarantined area except in accordance with the inspector’s rules.
Sources: Tex. Agric. Code §§ 131.021, 131.022.
Violations of quarantines, shipping without a required permit, interfering with inspection, selling or moving known-infected colonies, and related acts in § 131.121 are Class C misdemeanors.
Honey labeling (Texas)
Who: Any person who labels, sells, or keeps, offers, or exposes for sale a honey-identified product.
Must not:
- identify a product as “honey,” “liquid or extracted honey,” “strained honey,” or “pure honey” unless it consists exclusively of pure honey;
- use a picture or drawing of a bee, hive, or comb on a product that resembles honey unless the product is exclusively pure honey;
- identify a product that resembles honey as “imitation honey”;
- sell a honey mixture unless the label lists ingredients and the word “honey” appears in the ingredient list in the same size type as the other ingredients, and unless “honey” is not more prominent in the product name than the other words.
Pure honey means the nectar of plants that has been transformed by, and is the natural product of, bees, in comb or taken from the comb and packaged in liquid, crystallized, or granular form.
The Department of State Health Services enforces Subchapter E. A violation is a Class B misdemeanor (fine not to exceed $2,000, confinement not to exceed 180 days, or both).
Sources: Tex. Agric. Code §§ 131.001(14), 131.081–131.084, 131.101, 131.123; Tex. Penal Code § 12.22, https://statutes.capitol.texas.gov/Docs/PE/htm/PE.12.htm.
Honey production operations (sales, local health permits)
Effective September 1, 2025 (H.B. 519, 89th Legislature), a honey production operation is a beekeeper that sells or distributes honey or honeycomb the beekeeper produces that is, or from which is extracted, pure honey as defined by Agriculture Code § 131.001, that is raw and not blended with any other product or otherwise adulterated.
Must / may not:
- A honey production operation is not a food-service establishment for purposes of Health and Safety Code Chapter 437.
- A local government authority, including a local health department, may not regulate the production of honey or honeycomb at a honey production operation.
- Honey or honeycomb sold or distributed by a honey production operation must be labeled in accordance with Agriculture Code Chapter 131, Subchapter E. The former extra Chapter 437 label lines (dual-unit net weight, beekeeper name and address, and the “facility not inspected by DSHS” statement) were removed from § 437.0199 by H.B. 519. Federal FDA labeling (identity, net quantity, responsible firm) still applies to packaged food.
- Extracting honey from comb is treated as harvesting a raw agricultural commodity; bottling extracted honey and packaging cut honeycomb is packaging a raw agricultural commodity without additional manufacturing or processing, for purposes of that subtitle.
Sources: Tex. Health & Safety Code §§ 437.001(7), 437.0197, 437.0198, 437.0199, 437.01991, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.437.htm; H.B. 519, 89th Leg., R.S. (eff. Sept. 1, 2025), https://capitol.texas.gov/tlodocs/89R/billtext/html/HB00519F.HTM.
Cottage-food path (if the product is not a Chapter 437 honey production operation). A cottage food production operation is a separate exemption, with its own packaging, labeling, sales-channel, and training rules under Health and Safety Code §§ 437.0191–437.01965 (as amended by S.B. 541, 89th Legislature, effective September 1, 2025). Flavored or blended honey, or honey sold under the cottage-food framework rather than as a honey production operation, must be evaluated against those sections and against Agriculture Code Subchapter E. Do not assume the honey-production-operation exemption covers every backyard jar.
Source: Tex. Health & Safety Code ch. 437, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.437.htm.
Enforcement mechanics (state)
The chief apiary inspector may enter public or private premises at a reasonable hour to determine compliance with Subchapters B–D. DSHS has parallel entry power for Subchapter E. Either may issue a stop-sale order. Venue for civil or criminal prosecution is the county where the affected bees, equipment, pollen, or honey is located when the violation is discovered.
Source: Tex. Agric. Code §§ 131.101–131.105.
City of Pearland and Brazoria County
City of Pearland — no dedicated beekeeping ordinance found
Who: Persons keeping animals inside Pearland city limits.
Finding: Searches of Pearland animal, nuisance, and zoning materials located no dedicated city rule on hive count, hive setback, hive water, swarm capture, or neighbor notice for honey bees.
Materials searched (2026-09-08):
- City of Pearland Code of Ordinances, Chapter 6 – Animals, as adopted in full by Ordinance No. 528-9 (first reading April 12, 2021; second and final reading April 26, 2021), text retrieved from the Municode ordinance-download PDF, https://mcclibraryfunctions.azurewebsites.us/api/ordinanceDownload/19947/1082907/pdf. Chapter 6 as so adopted was read in full. The words bee, bees, honeybee, hive, and apiary do not appear. Definitions and numeric limits address ferrets, dogs, cats, and rabbits (five per dwelling unit over four months of age); barnyard animals (ruminants, chickens/geese/ducks, equines, sheep/goats) with acreage, 150-foot dwelling setback, and animal-unit density; prohibited hogs, ratites, extra roosters, guinea fowl, and peafowl; and wild animals. Honey bees are not listed as barnyard animals, livestock, or wild animals in those definitions.
- Municode Pearland Code of Ordinances portal, https://library.municode.com/tx/pearland/codes/code_of_ordinances, including the Chapter 6 node (returned “content not found” on direct chapter fetch; ordinance list and Ordinance 528-9 PDF were used instead).
- Municode Pearland 2025 ordinances list, which records Ordinance No. 528-11, “Amending Chapter 6, Animals and Fowl,” as adopted November 10, 2025, nine sections amended, https://library.municode.com/tx/pearland/ordinances/code_of_ordinances?nodeId=2025. The enrolled text of 528-11 was not retrieved. The November 10, 2025 City Council agenda describes 528-11 as a Chapter 6 animals amendment; a publicly posted excerpt discussed livestock and wild-animal definitions. First reading of 528-11 was marked “PULLED FROM THE AGENDA” on that packet. This digest does not treat 528-11 as a bee ordinance. Recheck current Chapter 6 on Municode before relying on silence.
- Web searches for combinations of Pearland + (bee / bees / apiary / hive / honeybee) against the code of ordinances, the Unified Development Code, and pearlandtx.gov.
- City land-use / UDC excerpts posted by the City (including the zoning-district article at https://gis.pearlandtx.gov/ZoningCodes.pdf and a published permitted-use table). Those materials list “Agricultural Animal Husbandry” as a land use in some districts. They do not use the words bee, hive, or apiary, and they do not state a backyard hive count or setback.
- City code-enforcement “common violations” materials, which paraphrase Chapter 13 weeds and offensive-conditions rules (weeds height), not apiaries. Source: City of Pearland, Common Code Violations, https://www.pearlandtx.gov/departments/community-development/code-enforcement/common-code-violations (Ordinance Sec. 13-17(a) weeds). Chapter 13 as amended by Ordinance No. 633-1 (weeds/health and sanitation) likewise does not mention bees, https://documents.pearlandtx.gov/WebLink/DocView.aspx?dbid=0&id=20471&repo=City-Of-Pearland.
- City ordinances index, https://www.pearlandtx.gov/departments/city-secretary/city-secretary-ordinances.
What still applies inside the city even without a hive ordinance:
- Chapter 6 general animal rules are written around mammals and fowl. They do not create a hive-count or setback. They do include a general misdemeanor penalty of a fine not exceeding $2,000, unless a more specific penalty applies, with each day a separate offense (Ordinance 528-9, § 6-22).
- Nuisance / property-maintenance rules (Chapter 13 weeds and offensive conditions; any adopted International Property Maintenance Code provisions the City enforces) can still be invoked if a premises is maintained in an unsanitary or offensive condition. Those texts, as searched, do not single out hives.
- Private covenants. TAIS expressly warns that homeowners’ associations may restrict beekeeping even when city and state law do not. Source: TAIS, Regulations, https://txbeeinspection.tamu.edu/regulations/; Texas State Law Library, Backyard Animals, https://guides.sll.texas.gov/neighbor-law/backyard-animals.
- Honey production. As of September 1, 2025, a local government may not regulate the production of honey or honeycomb at a honey production operation (Health and Safety Code § 437.0198). That preemption is about honey production, not about whether the City could later adopt a hive-placement ordinance.
Brazoria County — no beekeeping ordinance found; county does not zone
Finding: Brazoria County does not publish a county zoning ordinance and does not appear to have a beekeeping, hive-count, or hive-setback ordinance.
Materials searched:
- Brazoria County Engineering FAQ: “Brazoria County does not regulate land use or have any zoning ordinances in the unincorporated areas of the County. If you are within city limits, you must follow the city’s zoning regulations.” Source: Brazoria County, Engineering FAQs, https://www.brazoriacountytx.gov/departments/engineering/faqs.
- Brazoria County Environmental Health pages, which describe food-establishment permitting, on-site sewage, and a public-nuisance program aimed at sanitation, septic, and junkyard-type conditions—not apiaries. Source: https://www.brazoriacountytx.gov/departments/environmental-health.
- Municode library index for Texas counties/cities: Pearland, Angleton, Alvin, and other cities in Brazoria County have codes; a populated Brazoria County code of ordinances with a beekeeping chapter was not found. Source: Municode Library Texas index, https://library.municode.com/tx/brazoria_county/codes/code_of_ordinances (no county beekeeping chapter retrieved).
- Web searches for Brazoria County + (bee / bees / apiary / hive / ordinance).
In unincorporated Brazoria County, hobby keeping is therefore governed by state Chapter 131 (and federal food/pesticide law if the keeper sells honey or uses pesticides), plus general public-nuisance principles, not by a county hive ordinance. Inside Pearland city limits, Pearland’s code controls, not the unincorporated-county default.
Harris County (county-line note only)
Pearland’s corporate limits extend into Brazoria, Harris, and Fort Bend Counties. Sources: City of Pearland, Open Government and Compliance (city “primarily located in Brazoria County, with portions extending into Fort Bend and Harris counties”), https://www.pearlandtx.gov/departments/finance/financial-transparency/open-government-and-compliance; City of Pearland, Local Sales and Use Tax (separate county columns), https://www.pearlandtx.gov/departments/finance/city-tax-information/local-sales-and-use-tax; City GIS boundary layers, https://gis.pearlandtx.gov/hosting/rest/services/InteractiveMap/BoundaryLayers/MapServer/legend.
Duty: Confirm whether the hive site is inside Pearland city limits. If it is, Pearland Chapter 6 and the UDC apply, not Harris County unincorporated animal rules. No Harris County beekeeping ordinance was relied on for this digest because city-limit keepers are under Pearland’s code. Harris County is mentioned only because a Pearland keeper may sit on the Harris side of the city and should not assume a different municipal hive rule applies there—none was found for Pearland on either side of the county line.
Agricultural valuation (1-d-1 open-space)
This section is a research digest of published appraisal rules, not legal advice. Last reviewed 8 September 2026.
This is a property-tax qualification, not a keeping ordinance. 1-d-1 appraisal can lower the taxable value of qualifying land. It does not authorize or limit how many hives a hobby keeper may keep. City ordinances, Agriculture Code Chapter 131, nuisance rules, and private covenants are separate questions. Meeting a CAD hive table does not create a right to keep bees; missing a CAD table does not prohibit bees.
1-d versus 1-d-1. Beekeeping as “agricultural use” is defined in Tax Code § 23.51(2), which is the 1-d-1 (open-space) subchapter (Tax Code §§ 23.51–23.60). The older 1-d program (Subchapter C) is a different appraisal for individual owners whose primary occupation and income is agriculture. Typical beekeeping applications use Comptroller Form 50-129 (1-d-1).
Degree of intensity can change by tax year. Recheck the CAD’s current agricultural manual before filing.
Statewide Texas baseline
Who: A landowner seeking 1-d-1 open-space appraisal of land used to raise or keep bees.
Must:
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Use 5 to 20 acres for the bees. Tax Code § 23.51(2) includes, as agricultural use, the use of land to raise or keep bees for pollination or for the production of human food or other tangible products having a commercial value, “provided that the land used is not less than 5 or more than 20 acres.” The statute sets that acreage band. It does not set a hive count.
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Devote the land principally to agricultural use to the degree of intensity generally accepted in the area, and show qualifying use for five of the preceding seven years (§ 23.51(1)). The Comptroller’s Manual for the Appraisal of Agricultural Land (as of October 2024) restates the 5–20 acre beekeeping limit and states that the chief appraiser, not the statute, sets local intensity standards. Hive counts, if any, come from the CAD.
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File Form 50-129 with the CAD for the county where the land sits (generally after January 1 and before May 1 of the tax year).
Some CADs use Agriculture Code § 131.001’s definition of an apiary (six or more colonies) as a local floor. That is a CAD choice, not a Tax Code hive quota.
Sources: Tex. Tax Code § 23.51, https://statutes.capitol.texas.gov/Docs/TX/htm/TX.23.htm; Comptroller, Manual for the Appraisal of Agricultural Land (October 2024), https://comptroller.texas.gov/taxes/property-tax/docs/96-300.pdf; Form 50-129, https://comptroller.texas.gov/forms/50-129.pdf; Tex. Agric. Code § 131.001, https://statutes.capitol.texas.gov/Docs/AG/htm/AG.131.htm.
Pearland sits in three CADs
Pearland city limits extend into Brazoria, Harris, and Fort Bend Counties. 1-d-1 appraisal follows the CAD of the county where the parcel is located, not the city. Use Brazoria CAD, HCAD, or FBCAD rules for that tract.
County comparison (published numbers only)
Hive counts below are quoted from that CAD’s own manual or webpage. A silent CAD is not filled in from a neighbor.
| CAD | Year | Acres | Colonies / hives (as published) |
|---|---|---|---|
| Austin | 2026 (adopted 15 Jan 2026) | 5–20 | 5 ac: 6; 6–10: 7; 11–12: 8; 13–14: 9; 15–16: 10; 17–18: 11; 18–20: 12 |
| Brazoria | 2025 | 5–20 | 6 colonies for 5 acres, then 1 colony per additional 2½ acres |
| Brazos | 2026 | 5–20 | 6 mainframe hives on 5 acres; +1 per 2.5 acres; 12 on 20 acres (on property 7 months) |
| Chambers | Posted as 2026; PDF effective 11 Feb 2025 | 5–20 | 6 hives first 5 acres; +1 hive per additional 2.5 acres |
| Colorado | Effective 1 Jan 2025 | 5–20 | 5: 6; 6–10: 7; 11–12: 8; 13–14: 9; 15–16: 10; 17–18: 11; 19–20: 12 |
| Fort Bend (FBCAD) | 2026 | 5–20 | 5.0–7.4 ac: 6; 7.5–9.9: 7; 10.0–12.4: 8; 12.5–14.9: 9; 15.0–17.4: 10; 17.5–19.9: 11; 20.0: 12. Active hives; bulk of calendar year |
| Galveston | Oct 2025 | 5–20 | 6 colonies per 5 acres / 12 per 20 acres; +1 hive per additional 2.5 acres |
| Harris (HCAD) | Webpage reviewed 2026-09-08 | 5–20 | 6 hives stated; “Cannot qualify ac > 20 acs.” Table does not publish a +1 per 2.5 acres formula |
| Orange | Guidelines posted Jan 2022 | 5–20 | 6 hives on 5 acres, +1 per 2.5 acres (range 6–12) |
| San Jacinto | 2022 | 5–20 | 6 colonies on first 5 acres; +1 hive per additional 2.5 acres; on property ≥ 7 months |
| Walker | 2023 | 5–20 | 6 colonies on 5 acres; +1 per 2.5 acres; 12 on 20 acres |
| Waller | Posted Sep 2023 | 5–20 | 5–10 ac: ≥ 5 active hives; 10.01–15: ≥ 7; 15.01–20: ≥ 8 (on property ≥ 7 months) |
| Washington | Adopted 17 Feb 2026 | 5–20 | 5: 6; 7.5: 7; 10: 8; 12.5: 9; 15: 10; 17.5: 11; 20: 12 |
CADs searched with no public hive table
No number is invented for these districts. Recheck the CAD directly before filing.
- Grimes CAD — Forms/Guidelines page searched; no beekeeping intensity PDF. https://grimescad.org/Forms-Guidelines
- Jackson CAD — No CAD-published beekeeping intensity PDF retrieved.
- Jefferson CAD — Hosted Comptroller agricultural manual, not a local bee table. https://jcad.org/wp-content/uploads/2022/12/Ag-Manual-PTAD-2022.pdf
- Liberty CAD — 2022 agricultural guidelines restate § 23.51(2) and 5-of-7 history; no hive-count table. https://libertycad.com/wp-content/uploads/2024/11/2022-ag-guidelines-.pdf
- Matagorda CAD — Forms page (1-d / 1-d-1 applications) and 2026 FAQ; no intensity hive table. https://matagorda-cad.org/forms/
- Montgomery CAD — https://mcad-tx.org/guidelines-for-beekeeping/ is a JavaScript portal shell; no hive table in the public HTML and no intensity PDF retrieved.
- Polk CAD — No CAD-published beekeeping intensity PDF retrieved.
- Wharton CAD — Forms listing searched; no beekeeping intensity PDF. https://whartoncad.net/forms
County sources (live URLs)
- Austin CAD 2026 guidelines: https://austincad.org/wp-content/uploads/2026/02/2026-AG-Guidelines.pdf
- Brazoria CAD 2025 Agricultural Requirements: https://brazoriacad.org/wp-content/uploads/2025/07/2025-AG-Requirements.pdf
- Brazos CAD 2026 intensity guidelines: https://brazoscad.org/wp-content/uploads/2026/01/2026-Specail-Valuation-Intensity-Guidelines.pdf
- Chambers CAD 2026 Degree of Intensity (PDF effective 11 Feb 2025): https://www.chamberscad.org/Forms
- Colorado CAD 2025 AG Manual: https://coloradocad.org/wp-content/uploads/2025/03/2025-AG-Manual.pdf
- Fort Bend CAD 2026 AG Guidelines: https://www.fbcad.org/wp-content/uploads/2026/02/AG-Guidelines-2026.pdf
- Galveston CAD AG Open-Space Guidelines (Oct 2025): https://galvestoncad.org/wp-content/uploads/2025/10/AG-Open-Space-Guidelines_102025.pdf
- Harris CAD Agricultural & Timber Land: https://hcad.org/hcad-resources/hcad-agriculture-property/hcad-agricultural-timber-land
- Orange CAD Productivity Guidelines (Jan 2022): https://orangecad.net/wp-content/uploads/2022/01/AG-AND-TIMBER-GUIDELINES-2.pdf
- San Jacinto CAD Open Space Guidelines (2022): https://sjcad.org/wp-content/uploads/2022/12/Open-Space-Agriculture-Guidelines.pdf
- Walker CAD 2023 Degree of Intensity: https://walkercad.org/wp-content/uploads/2024/02/2023-Degree-of-Intensity-Valuation-Guide.pdf
- Waller CAD Ag Guidelines: https://waller-cad.org/wp-content/uploads/2023/09/requirements-guidelines-for-ag.pdf
- Washington CAD 1-d-1 Policy Manual (adopted 17 Feb 2026): https://washingtoncad.org/wp-content/uploads/2026/02/1d1-Agricultural-Use-Policy-Manual.pdf
This section is not legal advice. Officials apply the current CAD intensity standards, which can change. Last reviewed 2026-09-08.
Practical notes
Binding numbers (as of last review)
| Item | Binding figure | Source |
|---|---|---|
| Beekeeper registration | Voluntary (“may register”); expires August 31; TAIS fee $35 | Agric. Code § 131.045; TAIS Forms & Fees |
| Interstate permit (bees/equipment into or out of Texas) | Required; expires August 31; TAIS fee $200; apply by the 10th day before a shipment if no permit is already held | Agric. Code § 131.041 |
| Package-bee shipments | Exempt from the § 131.041 permit | Agric. Code § 131.041(g) |
| Requested apiary inspection | TAIS fee $100; queen-breeder $300 | TAIS Forms & Fees; Agric. Code § 131.044 |
| Follow-up disease/pest inspection | Additional fee, not less than $25 | Agric. Code § 131.044(e) |
| Apiary equipment brand | Optional; TAIS fee $10; seven-number brand | Agric. Code §§ 131.062–131.063; TAIS Forms & Fees |
| Hive ID at a non-residence apiary | Name (½-inch figures on one or both ends), or registered brand, or weatherproof sign (1-inch lettering) | Agric. Code §§ 131.061, 131.064 |
| Residence-yard apiary | Exempt from hive-identification marking | Agric. Code § 131.061(b) |
| Reportable list (must report immediately) | American foulbrood; Tropilaelaps mites; yellow-legged hornet | Agric. Code § 131.025; TAIS Pests & Diseases |
| Disease/quarantine/permit/ID offenses | Class C misdemeanor (fine not to exceed $500) | Agric. Code §§ 131.121, 131.122; Penal Code § 12.23 |
| Honey-labeling offenses (calling a non-honey product “honey,” etc.) | Class B misdemeanor | Agric. Code § 131.123; Penal Code § 12.22 |
| Pearland Chapter 6 general penalty | Fine not exceeding $2,000 per day (not a hive-count rule) | Ordinance 528-9, § 6-22 |
| Pearland / Brazoria hive count, setback, water, swarm | None found | Searches listed above |
| Local regulation of honey production at a honey production operation | Prohibited | Health & Safety Code § 437.0198 |
| 1-d-1 beekeeping acreage | 5–20 acres statewide (hive counts are CAD-local) | Tax Code § 23.51(2) |
Missing or unclear
- No Pearland hive-count, setback, flyway, water-source, or swarm ordinance was found. That is an absence of a dedicated rule, not a written “unlimited hives” authorization. Aggressive or neglected colonies could still be addressed under general nuisance, animal-at-large, or unsanitary-premises theories; those theories are untested in the materials reviewed.
- Ordinance 528-11 (2025) amended Chapter 6 in some form according to Municode’s ordinance list. The enrolled bee-relevant text, if any, was not retrieved. Recheck Chapter 6.
- TAIS identification summary (one-inch letters on each end) is stricter than Agriculture Code §§ 131.061 and 131.064. The statute controls.
- H.B. 519 (2025) removed the old “small honey production” 2,500-pound cap and the extra Chapter 437 label recitals. Federal FDA identity / net-quantity / responsible-firm rules remain. How DSHS and local health departments will treat blended or flavored honey after that change should be confirmed against current DSHS cottage-food and manufacturer-licensing materials before a seller scales up.
- HOA / deed restrictions are private law and were not searched parcel-by-parcel.
- Agricultural valuation (1-d-1) hive-density is in the Agricultural valuation section above. This digest still omits homestead details and CAD account numbers.
- Rechecked 2026-09-08: TAIS Forms & Fees still list Interstate Permit $200, Beekeeper Registration $35, Apiary Equipment Brand $10, requested Apiary Inspection $100, and Queen Breeder Inspection $300.
- Rechecked 2026-09-08: TAIS’s reportable list still includes American foulbrood, Tropilaelaps mites, and yellow-legged hornet.
- Ordinance 528-11: the enrolled bee-relevant text remains unrecovered; the silence finding is unchanged pending a Municode recheck.
- Brazoria CAD: the beekeeping intensity table is still published as a 2025 requirements PDF at last check; recheck CAD before filing 1-d-1.
Further reading / national advocacy (not binding)
This subsection is not Texas or Pearland law. It points to national association advocacy and pending federal bills so a hobby keeper can track what may change later. Binding duties for this digest remain federal FDA/FIFRA (as already summarized above), Texas Agriculture Code Chapter 131, and local materials searched for Pearland / Brazoria.
American Beekeeping Federation — Legislation & Advocacy. Hub for federal priorities and industry tracking: https://abfnet.org/legislation-advocacy/
Honey Integrity Act (pending — not current law). H.R. 2162 (119th Cong.) https://www.congress.gov/bill/119th-congress/house-bill/2162 and companion S. 1028 https://www.congress.gov/bill/119th-congress/senate-bill/1028 would create a federal honey Standard of Identity and related integrity measures aimed mainly at commercial packing and labeling. Until enacted and implemented, current duties remain FDA honey-labeling guidance and Texas Agriculture Code Chapter 131, Subchapter E (honey labeling), already summarized above.
Standard of Identity / front-of-label COOL advocacy. ABF supports a federal honey SOI and clearer mandatory country-of-origin labeling. That is advocacy. Current federal COOL duties for packed honey remain those already summarized (Tariff Act marking for imports; additional AMS marking when USDA grade marks are used). Do not treat pending SOI/COOL bills as today’s packing rule.
ABF 2025–2026 legislative leave-behind / Farm Bill tracking. ABF’s leave-behind and Farm Bill comparison materials discuss honey standards and testing, ELAP, research, conservation, public-lands forage, and related items. Useful context for commercial policy; mostly outside backyard Pearland keeping. Leave-Behind PDF — and the legislation hub’s 2026 priorities / comparison report.
U.S. / state apiary-law directory (pointer). ABF’s beekeeping-regulations page points to the Apiary Inspectors of America directory for other states’ laws. For Texas, use TAIS and the statute cites on this page, not a secondary summary.
How other cities regulate hives (contrast only — not Pearland law). Some U.S. cities publish dedicated hive-count, setback, flyway, or water ordinances. Pearland searches for this digest found no dedicated city hive ordinance. Sample municipal PDFs hosted by ABF (Seattle WA; San Diego County–style apiary chapter; Findlay Twp PA; Anniston AL; Gadsden AL; Forest Hills PA) are useful only as examples of how other places write rules — they do not apply in Pearland: see ABF resources for beekeepers and ABF uploads under https://abfnet.org/wp-content/uploads/2023/05/.
Disclaimer
This document is a research digest for hobby keepers in Pearland / Brazoria County, Texas. It is not legal advice. Officials apply the current text of statutes, rules, and ordinances, which can change. Last reviewed 2026-09-08.
Sources
Federal
- FD&C Act §§ 402, 403 (21 U.S.C. §§ 342, 343): https://www.law.cornell.edu/uscode/text/21/342 ; https://www.law.cornell.edu/uscode/text/21/343
- FDA, Guidance for Industry: Proper Labeling of Honey and Honey Products: https://www.fda.gov/regulatory-information/search-fda-guidance-documents/guidance-industry-proper-labeling-honey-and-honey-products
- FDA, A Food Labeling Guide: https://www.fda.gov/files/food/published/Food-Labeling-Guide-%28PDF%29.pdf
- 21 CFR part 101 (food labeling), including §§ 101.1, 101.3, 101.4, 101.5, 101.7, 101.9: https://www.ecfr.gov/current/title-21/part-101
- Fair Packaging and Labeling Act, 15 U.S.C. § 1453: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1453
- Tariff Act of 1930, 19 U.S.C. § 1304: https://www.law.cornell.edu/uscode/text/19/1304
- 19 CFR part 134 (country of origin marking): https://www.ecfr.gov/current/title-19/part-134
- AMS, Country of Origin Labeling of Packed Honey, 76 Fed. Reg. 251 (Jan. 4, 2011): https://www.govinfo.gov/content/pkg/FR-2011-01-04/html/2010-33137.htm
- AMS clarification, 83 Fed. Reg. 31441 (July 6, 2018): https://www.federalregister.gov/documents/2018/07/06/2018-14509/country-of-origin-labeling-of-packed-honey
- 7 CFR § 52.53 (USDA approved identification): https://www.ecfr.gov/current/title-7/section-52.53
- FIFRA, 7 U.S.C. § 136j: https://www.law.cornell.edu/uscode/text/7/136j
- EPA pollinator protection: https://www.epa.gov/pollinator-protection
- EPA neonicotinoid pollinator labeling: https://www.epa.gov/pollinator-protection/new-labeling-neonicotinoid-pesticides
- EPA Varroa product list: https://www.epa.gov/pollinator-protection/epa-registered-pesticide-products-approved-use-against-varroa-mites-bee-hives
- EPA Varroa FIFRA/FFDCA advisory: https://www.epa.gov/pollinator-protection/advisory-applicability-fifra-and-ffdca-substances-used-control-varroa-mites
Texas
- Tex. Agric. Code ch. 131: https://statutes.capitol.texas.gov/Docs/AG/htm/AG.131.htm
- Tex. Health & Safety Code ch. 437: https://statutes.capitol.texas.gov/Docs/HS/htm/HS.437.htm
- Tex. Occ. Code ch. 1951 (Structural Pest Control Act), including §§ 1951.005, 1951.056: https://statutes.capitol.texas.gov/Docs/OC/htm/OC.1951.htm
- Tex. Penal Code §§ 12.22, 12.23: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.12.htm
- H.B. 519, 89th Leg., R.S. (honey production operations, eff. Sept. 1, 2025): https://capitol.texas.gov/tlodocs/89R/billtext/html/HB00519F.HTM
- Texas Secretary of State, Texas Administrative Code: https://www.sos.texas.gov/tac/index.shtml
- 4 Tex. Admin. Code § 71.24 (beekeeper registration)
- TAIS home: https://txbeeinspection.tamu.edu/
- TAIS, Regulations: https://txbeeinspection.tamu.edu/regulations/
- TAIS, Forms & Fees: https://txbeeinspection.tamu.edu/forms-fees/
- TAIS, Pests & Diseases: https://txbeeinspection.tamu.edu/beekeepers/pests-diseases/
- TAIS, Africanized Bees: https://txbeeinspection.tamu.edu/africanized-bees/
- Texas Department of Agriculture, Pesticides: https://texasagriculture.gov/Regulatory-Programs/Pesticides
- Texas State Law Library, Backyard Animals: https://guides.sll.texas.gov/neighbor-law/backyard-animals
City of Pearland and Brazoria County
- Pearland Ordinance No. 528-9 (Chapter 6 – Animals, adopted 2021): https://mcclibraryfunctions.azurewebsites.us/api/ordinanceDownload/19947/1082907/pdf
- Pearland Code of Ordinances (Municode): https://library.municode.com/tx/pearland/codes/code_of_ordinances
- Pearland 2025 ordinances list (Ordinance 528-11): https://library.municode.com/tx/pearland/ordinances/code_of_ordinances?nodeId=2025
- Pearland City Secretary, ordinances index: https://www.pearlandtx.gov/departments/city-secretary/city-secretary-ordinances
- Pearland Common Code Violations (Chapter 13 weeds): https://www.pearlandtx.gov/departments/community-development/code-enforcement/common-code-violations
- Pearland Ordinance No. 633-1 (Chapter 13 weeds/health): https://documents.pearlandtx.gov/WebLink/DocView.aspx?dbid=0&id=20471&repo=City-Of-Pearland
- Pearland UDC / zoning-district article: https://gis.pearlandtx.gov/ZoningCodes.pdf
- Pearland Open Government and Compliance (three-county footprint): https://www.pearlandtx.gov/departments/finance/financial-transparency/open-government-and-compliance
- Pearland Local Sales and Use Tax (Brazoria / Fort Bend / Harris columns): https://www.pearlandtx.gov/departments/finance/city-tax-information/local-sales-and-use-tax
- Pearland GIS boundary layers: https://gis.pearlandtx.gov/hosting/rest/services/InteractiveMap/BoundaryLayers/MapServer/legend
- Brazoria County Engineering FAQs (no county zoning): https://www.brazoriacountytx.gov/departments/engineering/faqs
- Brazoria County Environmental Health: https://www.brazoriacountytx.gov/departments/environmental-health
