Killing Bees in Tennessee: What State and Federal Law Actually Allow
August 11, 2026
Most homeowners assume that a beehive on their property is theirs to deal with however they see fit. In Tennessee, that assumption can get you in trouble. State law specifically makes it a crime to deliberately destroy a colony of managed honeybees, and federal rules add another layer of protection for certain wild bee species that live within the state’s borders.
Understanding killing bees laws in Tennessee matters whether you’re a backyard beekeeper, a homeowner with an unwanted swarm in your siding, or a landscaper spraying pesticide near a flowering hedge. This guide breaks down what’s legal, what isn’t, and where the gray areas actually sit.
Is It Illegal to Kill Bees in Tennessee
The short answer is: it depends on which bees you’re talking about. Tennessee’s types of bees found in Tennessee fall into two broad legal categories — managed honeybees kept by registered beekeepers, and wild or native bees that live independently in the landscape. The law treats these groups very differently.
It is illegal in Tennessee to deliberately kill honey bees, and exterminators generally won’t do it because doing so can violate the Tennessee Apiary Act of 1995. This law was written to protect commercial and hobbyist honeybee colonies from intentional destruction, not to create a blanket ban on ever swatting a bee. Native and wild bees, by contrast, are mostly unregulated at the state level unless they belong to a federally protected species.
Pro Tip: If you’re unsure whether the insects in question are honeybees, wasps, or another stinging insect, take a photo from a safe distance before deciding on removal. Misidentifying a protected honeybee colony as a “nuisance pest” is one of the most common ways homeowners run into legal trouble.
Federal Law on Killing Bees and Protected Species Exceptions
No federal statute protects honeybees generally, since they’re classified as managed livestock rather than wildlife. Federal protection instead applies to specific native bee species listed under the Endangered Species Act (ESA). The U.S. Fish and Wildlife Service published a final rule on January 11, 2017, listing the rusty patched bumble bee (Bombus affinis) as an endangered species, with the listing becoming effective on March 21, 2017.
As of mid-2026, only two bumble bee species — the rusty patched bumble bee and Franklin’s bumble bee — are currently protected under the Endangered Species Act. The Bombus affinis historically ranged through the Appalachian region bordering East Tennessee, though its core populations concentrate further north and in the upper Midwest. Killing, harassing, or destroying the habitat of a federally listed bee species anywhere in the United States, including Tennessee, can trigger separate federal liability independent of any state penalty.
Federal wildlife agencies have also moved to expand habitat protections. These legal protections are meant to give the rusty patched bumble bee the best chance of recovering as a once-common pollinator, according to the U.S. Fish and Wildlife Service. A related species with a Tennessee connection, the Southern Plains bumble bee, has been proposed for similar federal protection, though it does not yet carry ESA status.
| Protection Level | Applies To | Governing Authority |
|---|---|---|
| State (Apiary Act) | Managed honeybee colonies | Tennessee Department of Agriculture |
| Federal (Endangered Species Act) | Rusty patched bumble bee, Franklin’s bumble bee | U.S. Fish and Wildlife Service |
| Unregulated | Most other native and wild bee species | None specifically; general nuisance law may apply |
Tennessee’s Laws on Killing Managed Honey Bee Colonies
The core protection for honeybees sits in the Tennessee Apiary Act of 1995, codified at Tenn. Code Ann. § 44-15-110. This statute lists several deliberate acts that are prohibited, including producing, making, releasing, or otherwise causing any spray, smoke, fog, dust, or other substance to enter a beehive for the purpose of killing the bees inside, except as requested by the owner of the bees or as required by a state regulatory order.
The law goes further than protecting only hives that sit in a beekeeper’s yard. It also states that it is unlawful for any person in the state to conduct a deliberate act that exposes free-flying honeybees to a known source of any regulated bee disease or pest, or to any substance commonly known to kill bees. This means that even bees foraging away from their hive carry some legal protection under state law.
There is an important carve-out for agricultural and residential pesticide use. This section does not apply to farmers, gardeners, or others who are using legally registered pesticides in strict compliance with the label instructions. In other words, spraying your tomatoes with an EPA-registered insecticide according to the label is not the same as deliberately gassing a beehive to kill the colony inside.
Beekeepers themselves also operate under registration requirements. The Tennessee Beekeepers Association notes that Tennessee laws affecting beekeepers are collected under the title “Tennessee Apiary Act of 1995,” found within Title 44 of the Tennessee Code. New apiaries must register with the state, and the registration must be renewed periodically to remain current.
Rules for Removing a Feral Bee Swarm or Hive on Your Property in Tennessee
Finding a feral swarm clustered on a tree branch or a wild colony established inside a wall cavity does not automatically give you legal permission to destroy it under an extermination contract. Because the Apiary Act discourages the intentional killing of honeybees, the practical and legally safer route is removal and rehoming rather than pesticide destruction.
- Identify the insect correctly. Confirm you’re dealing with honeybees rather than yellow jackets, hornets, or carpenter bees, since removal options differ by species.
- Contact a local beekeeper or removal specialist. Many hobbyist beekeepers will collect a swarm for free since it adds a colony to their apiary.
- Avoid DIY pesticide treatments aimed directly at the hive. Spraying an active colony yourself risks violating § 44-15-110 if the purpose is to kill rather than manage a genuine safety hazard.
- Document any immediate safety threat. If the colony poses a real danger — for example, due to a known allergy in the household or an aggressive Africanized colony — professional pest control intervention becomes more clearly justified.
Tennessee’s general nuisance wildlife laws primarily address vertebrate animals like raccoons, skunks, and bats, so they don’t map directly onto insect colonies. That gap is part of why the Apiary Act exists as a separate, insect-specific framework rather than relying on general nuisance statutes.
If you keep bees yourself or are considering starting a hive, be aware that local city or county ordinances can add restrictions on top of state law, similar to how backyard chicken ordinances vary by municipality. Checking with your local zoning office before establishing or relocating a hive can prevent conflicts with neighbors or homeowners’ associations.
Pesticide Restrictions That Protect Bees in Tennessee
Pesticide labels aren’t just suggestions. As pollinator conservation guidance puts it plainly, “Label is the law,” meaning the instructions printed on an EPA-approved pesticide package carry legal force. Applying a product in a way that contradicts its label — including spraying it directly into an active hive to kill the colony — can expose the applicator to liability under both pesticide regulations and the Apiary Act’s bee-killing provisions.
Certain chemical classes draw particular scrutiny because of their persistence in plant tissue. Conservation guidance recommends checking product labels carefully for neonicotinoid ingredients such as imidacloprid, clothianidin, thiamethoxam, and dinotefuran, since these systemic insecticides are translocated to pollen and nectar and can remain in a plant for months to years after a single application.
Important Note: This article summarizes general legal and pesticide-safety information and is not a substitute for advice from a licensed pest control professional, a Tennessee Department of Agriculture pesticide inspector, or an attorney. Pesticide regulations can change, so always verify current label requirements before treating any area where bees forage.
For lawn and garden pest problems, less persistent alternatives exist. Guidance for protecting pollinator habitat suggests turning to consumer-available products containing less toxic active ingredients like chlorantraniliprole instead of systemic neonicotinoids when treating grubs or similar turf pests. Homeowners who hire lawn services can request these alternatives directly.
Protected Native Bee Species in Tennessee
Tennessee’s official wildlife inventory gives surprisingly little formal attention to native bees. According to reporting on the state’s conservation planning, the only bee mentioned in Tennessee’s State Wildlife Action Plan is the Eastern Carpenter Bee. The eastern carpenter bee (Xylocopa virginica) is a large, solitary native species commonly mistaken for a bumble bee, recognizable by its shiny, hairless black abdomen.
Beyond that single species, most of Tennessee’s native bees — including dozens of native bumble bee, mason bee, and sweat bee species — lack any dedicated state-level legal protection. Their conservation status depends almost entirely on federal listings. The rusty patched bumble bee remains the most legally significant protected species with historical ties to the wider Appalachian region, and conservationists continue pushing for expanded protections for declining species such as the Southern Plains bumble bee.
Tennessee’s Department of Transportation has worked to establish a Pollinator Habitat Program, reflecting growing state-level interest in supporting native pollinators even without formal legal protections attached to most species. This kind of habitat investment, rather than direct legal prohibition, is currently the primary tool being used to support Tennessee’s wild bee populations.
Pro Tip: If you regularly see large, glossy black bees hovering near wooden eaves or decks, you’re likely observing carpenter bees rather than an endangered species. Learn to tell them apart using a Tennessee bee identification guide before assuming removal is necessary or legal.
Penalties for Illegally Killing Bees in Tennessee
Violating the Apiary Act’s provisions on honeybee colonies carries real financial consequences. The Tennessee Department of Agriculture warns that failure to register your bees or comply with the provisions of the Apiary Act of 1995 may result in confiscation of your bees and beekeeping equipment, along with a fine of up to $500.00. This same statutory framework underlies enforcement against the deliberate destruction of a registered colony.
Beyond the direct statutory fine, a beekeeper whose colony is deliberately destroyed by someone else may also have grounds for a separate civil claim, since a managed hive represents both livestock and property with commercial value — honey production, pollination services, and the colony itself all carry monetary worth that a court could consider in a property-damage claim.
Federal penalties apply on a separate track entirely when a federally protected species like the rusty patched bumble bee is involved. Because Bombus affinis is listed under the Endangered Species Act, harming or killing this specific species can expose a violator to federal civil and criminal liability independent of anything Tennessee’s own Apiary Act addresses. These two enforcement systems — state apiary law for managed honeybees and federal endangered species law for specific protected wild bees — operate side by side rather than replacing one another.
Important Note: Enforcement of Tennessee’s bee-killing provisions typically depends on a complaint being reported to the state apiarist’s office or local law enforcement. Documenting the incident with photos and dates strengthens any report you file.
If you’re dealing with a bee problem on your Tennessee property, whether it’s a wandering colony, a pesticide question, or a genuine safety concern, the safest legal path is almost always removal and relocation rather than deliberate extermination. Reaching out to a registered local beekeeper, the Tennessee Department of Agriculture’s apiary program, or a licensed pest control operator familiar with the Apiary Act’s requirements will keep you on the right side of both state and federal law.