Chapter 6.1
Community Health and Safety

• ALL
• Remove Code Barriers
• Create Incentives
• Fill Regulatory Gaps

Special Use Permits for Agritourism on Farms

INTRODUCTION

Many small farms are facing economic hardships due to increased urbanization and competition. Farmland across the U.S. is threatened by non-farm development that focuses on residential, commercial, and industrial growth.^[1] Farmland is also threatened by climate change, globalization, and competition making it increasingly difficult for small farms to be financially stable.[2] Many small farmers have needed to sell land because of financial difficulties, and since 2001 developers and others have converted over 11 million acres of agricultural land to non-farm development.^[3] Whenever farmland is converted to non-farm development, potential food production, wildlife habitats, associated ecosystem services, and open spaces are permanently lost, as non-farm uses are rarely returned to agricultural uses.^[4] Specifically relevant to this brief, conversion of farmland to other uses often results in increased real estate values and property taxes, making it difficult for farmers to stay in or move to the area.[5]

To help make farming more economically viable, some local governments are trying to support agritourism. Agritourism, also known as agricultural tourism, is a combination of agriculture and tourism.[6] Agritourism exists in many different forms, but the primary purpose is to attract visitors to agricultural areas.[7] Some examples of agritourism include corn mazes, hayrides, agricultural education centers, winery tours, and special events, such as weddings and concerts, hosted on agricultural land.[8]

Agritourism has gained international popularity to combat the loss of small farms and help preserve agricultural areas.[9] This trend is extremely popular throughout Europe and Canada, and increasingly in the United States.[10] Many localities have begun permitting agritourism activities on agricultural land subject to special use or conditional use permits.

Some localities have begun permitting specific activities on agricultural land subject to a special use permit[11] by providing extensive lists of special uses that farmers may consider.[12] Localities may also decide if they wish to limit agritourism to certain agricultural zones,[13] or to permit agritourism on any lot where the primary purpose is agriculture.[14] Lastly, some localities have begun permitting agritourism as a special use in all rural areas in addition to purely agricultural lots.[15]

The primary goal of agritourism is to help preserve agricultural areas, which is often reflected in the specific guidelines or requirements. Most localities require special use permits that require event plans and approval by zoning boards.[16] Some localities place requirements on the lots that wish to host agritourism activities, such as requiring agriculture to be the primary land use.[17] Furthermore, to ensure activities do not cause a nuisance to the surrounding landowners many localities require hosts of agritourism to provide adequate parking,[18] to limit sound amplification,[19] and to prove certain health and safety standards are met.[20]

EFFECTS

Permitting farmers to host nonagricultural events on agricultural land can bestow many benefits upon them and their communities. As mentioned above, small farms face difficulties due to increased urbanization and competition.[21] However, increased urbanization near small farms provides a large market base to farmers looking to host nonagricultural events on their land.[22] Agritourism is a way for small farms to market directly to consumers in urban and suburban areas.[23] Furthermore, agritourism provides an avenue of diversification to help small farmers remain viable.[24]Agritourism is a means for small farmers to respond to both rising urbanization and competition.[25]

In addition, events on agricultural land can be a source of significant revenue.[26] A study in Virginia found that agritourism brought about $1.5 billion in revenue to Virginia in 2015. Seventeen percent of that amount went to agricultural venues,[27] and the remainder went to surrounding area businesses, helping to boost local rural economies.[28] Furthermore, a study in Missouri found that almost every farm that participated in agritourism increased profits.[29] This study also found that about a quarter of the farms that participated saw a two-fold increase in profits from the previous year.[30] The increase in profits did not depend on the farms acreage or their distance from urban centers, meaning that almost any farm can benefit from the introduction of agritourism.[31]

Furthermore, agritourism can help maintain agricultural land.[32] Agritourism provides new market opportunities for small farms to continue operation,[33] and can add utility to otherwise unused areas and structures on their land.[34] Agritourism also provides a platform for citizens to learn about agricultural activities, operations, and lifestyles.[35] Agritourism can also help educate new farmers through direct interaction and observation of agricultural methods.[36] Agritourism is also a new market that can encourage entrepreneurs to start a small farm of their own.[37]

Lastly, agritourism can provide considerable social benefits to agricultural areas.[38] Hosting events enables farmers to interact with many citizens from their community and beyond.[39] Agritourism helps to promote new interests for farmers and their communities such as recreation, tourism, and community events.[40] Events on farms also create opportunities for community engagement and can foster a sense of community pride.[41] Moreover, some areas have seen higher rates of female participation in agritourism, which could help lead to more female entrepreneurs.[42]

However, there are potential negatives that must be considered before permitting agritourism. Agritourism may create conflicts between conflicting land uses. Some agritourism activities such as weddings and festivals are not related to agriculture and may cause concerns to neighbors of the hosting lot.[43] Neighbors adjacent to agritourism hosting lots have complained of increased traffic, noise, trespassers, and the frequency of events.[44] There is also concern from these neighbors that too much agritourism will lead to the loss of the rural character of the area.[45] Some communities require farms to be a minimum size, provide adequate parking, and limit sound amplifications, in an effort to decrease nuisances to surrounding lots.[46] Additionally, communities can limit the type of activities that may occur on farms,[47] or they may require agriculture to remain the primary use of the land.[48]

In addition to concerns of conflicting land uses, communities must also consider certain health and safety concerns. To begin, there are concerns of E. Coli and other contaminants spreading to people from interacting with animals and animal waste.[49] Some activities hosted on farms also present concerns of personal injury such as mazes, hayrides, and bouncy castles.[50] To prevent infection and injury it is vital that permitted events hosted on farms are conducted in a safe manor. As mentioned, some communities limit the type of events that may be hosted, which helps prevent dangerous activities from occurring.[51] Additionally, communities often require certain conditions be met for the operation of events, often approved by zoning departments.[52] Some communities even require approval from health departments to ensure events are conducted in a safe manor.[53]

EXAMPLES

Sylvan Township, MI

Sylvan Township, Michigan, permits properties in the Agricultural District (AG) to be used for agricultural tourism.[54] Landowners that wish to use their land for agricultural tourism must receive a special land use permit.[55] The town permits a variety of activities for agricultural tourism, including wineries, outdoor mazes, hayrides, petting zoos, and more.[56] The intent of the ordinance is to protect natural agricultural areas while providing economic stability to the locality and landowner.[57]

While the town permits a variety of activities on agricultural land, it places restrictions on the activities to ensure the agricultural character remains.[58] The town requires agricultural activities to be the primary use of the land, and other activities may only constitute an accessory use.[59] Furthermore, to ensure activities do not cause a nuisance, the town requires farms hosting activities to be a minimum size, provide adequate parking, and limit sound amplifications.[60] Ordinances such as this provide opportunities for farmers to increase revenue, while ensuring that agricultural areas are protected.[61]

To view the provision see Sylvan Township (Washtenaw Co.), MI, Code of Ordinances § 30-808 (2019).

Troup County, GA

Troup County, Georgia, permits many events on agricultural land subject to a special use permit.[62] The intent of the ordinance is to permit agritourism while preserving the rural character of the area and protecting the health of other citizens.[63] Agritourism is permitted in Troup County to increase revenue and advertising for local farmers.[64] Additionally, Troup County recognizes the academic and social opportunities that agritourism offers.[65]

Events taking place on agricultural land must be approved by the Building, Zoning and Planning Department to ensure the proper operation of said event.[66] Moreover, large-scale events require safe restrooms, which are approved by the health department.[67] Large-scale events are also required to have measures in place to handle the increased traffic.[68] Ordinances such as this allow farmers to host events while limiting potential negatives that may be associated with large gatherings.

To view the provision see Troup County, GA, Code of Ordinances § 5.7 (2020).

Weber County, UT

Weber County, Utah, permits agritourism subject to a conditional use permit.[69] To preserve the agricultural character of the land, the county requires that at least 50 percent of the hosting property be used for agricultural purposes.[70] Furthermore, the sale of motorized vehicles and equipment is prohibited, except for the occasional sale of farm equipment.[71] The county includes a large list of recommended activities to consider in agritourism plans,[72] including barn dances, corn mazes, open-air markets, and many more.[73] This ordinance permits farmers to diversify their income, while ensuring agricultural use remains the primary use of the land.

To view the provisions see Weber County, UT, Code of Ordinances §§ 104-5-6 (a),  108-21-3 (h),  108-21-5 (2019).

ADDITIONAL EXAMPLES

Lexington-Fayette County, KY, Zoning Ordinance § 8-3 (2017) (permitting agritourism and outdoor recreation in all agricultural-natural areas subject to a conditional use permit).

Blountsville, AL, Code of Ordinances § 40 (b) (2) (2013) (permitting outdoor entertainment and special events subject to a special exception use permit).

Keene, NH, Code of Ordinances § 102-302 (2017) (permitting agriculture-related recreational and educational activities in their agricultural district subject to a special exception permit).

Manchester, VT, Land Use & Development Ordinance § 1.14 (2018) (permitting events and other activities on agricultural land subject to a conditional use permit).

Walton County, FL, Code of Ordinances §§ 2.02.01 (D) (3), 2.02.02 (D) (3) (2019) (permitting commercial outdoor amusements as a conditional use in both their General Agriculture and Large Scale Agriculture districts).

ADDITIONAL RESOURCES

Mary Gold & Rebecca S. Thompson, USDA, List of Alternative Crops and Enterprises for Small Farm Diversification (updated Jan. 2020), https://perma.cc/SQ9K-4WYA.

Barbara Berst Adams, Agritourism: Tips for Getting Started, Eco Farming Daily, https://perma.cc/8FE8-26BS (last visited Aug. 18 2020).

William Neuman, Small U.S. Farms Find Profit in Tourism, The New York Times (June 9, 2011), https://perma.cc/F59A-93EJ.

Alexandra Lizano & Elizabeth Rumley, The Nat’l Agric. Law Ctr., States’ Agritourism Statutes, https://perma.cc/7QGL-NMHW (last visited Aug. 18, 2020).