Zoning for Agritourism: Why Rules Matter

On a warm Saturday afternoon, a steady stream of cars makes its way to a destination on a winding rural gravel road. Arriving at their destination, families spill out of their cars in anticipation of the day’s upcoming activities. The kids race through a corn maze while their parents partake in homemade spiced cider. Nearby, a couple tours a quaint barn that has been repurposed as a wedding chapel as they imagine their big day in such a unique setting. What was once just a working farm has now become something more, a destination.

This is agritourism in action, a rapidly growing sector of the rural economy. For many farmers, inviting visitors onto their land isn’t just hospitality, it’s a way to stay financially viable in an industry that can be volatile and inconsistent. But long before the first guess arrives, the question rises:

Is this actually allowed?

That’s where zoning comes in.

When Old Rules Meet New Uses

Most rural zoning codes were written at a time when farming only meant growing crops or raising livestock. The idea that a farm might host school tours, weddings, or festivals simply wasn’t on the radar. The term “agritourism” wasn’t really popular yet, and it certainly wasn’t in practice as much as is now. Unfortunately, as agritourism has grown, those previous assumptions about farms have created friction.

Farmers are sometimes surprised to learn that while agriculture is permitted in their zoning district, hosting people may not be. Parking requirements, noise limits, building codes, and event restrictions can all come into play. Many times, after money has already been spent on marketing or making improvements.

Different Communities, Different Needs

Some communities have really leaned into agritourism, updating their agricultural zoning districts to allow certain activities by right. But others are taking a more cautious approach. They require conditional or special use permits for certain uses. These processes allow local officials and neighbors to be heard. But opponents argue that they also introduce uncertainty, delays, and added costs for those farmers who want to start an agritourism business.

Increasingly, zoning codes are trying to strike a middle ground regulating agritourism based on the type of agritourism sub-use, rather than agritourism as a whole. A small farm stand selling honey doesn’t have the same impact as a pumpkin patch, and modern ordinances are starting to reflect that reality.

The Issues that may Arise

When agritourism runs into zoning troubles, it’s rarely about the agriculture itself. It’s more about what comes with the visitors that agritourism draws.

With many years of experience, a pumpkin patch may handle parking relatively well. But an inexperienced crew or a rapidly growing venue may not be able to handle the parking effectively. If this happens, you may have visitors parking along the roadside, possibly hindering access for emergency vehicles. Or they may park in areas that neighbors may not appreciate.

Then there are motorcoaches and RVs. Many tourists and RV enthusiasts tour the country visiting agritourism sites and other points of interest, but is there enough stable parking for their large load? Imagine one of those large motorcoaches trying to get into a parking area and going through a level B road or an embargoed bridge!  Can your roads accommodate the turning radii of these massive vehicles as well? 

Noise is often an issue, as many of these venues bring in bands or play music that increases the noise level to a point that annoys neighbors for miles. Sometimes that band is part of a special event that lets out after the end of the concert. Do local police and/or the sheriff need to be notified ahead of time? Is there a need for security?

Another recurring issue is whether agritourism must remain “accessory” to farming. Some zoning ordinances require proof that the land is still actively farmed, raising practical questions about how success is measured. If the tourism-related income surpasses crop sales, does the use stop being agricultural?

These issues and gray areas are where conflicts tend to arise.

Clarity in Zoning

Even with the headaches that can come from agritourism, the good that comes from it often well outweighs the bad when they are handled well. So what can be done to support agritourism? There is a limited number of things that a community can do to promote and invigorate interest in agritourism. But the actions you can do can spark some interest by bringing attention to it. 

Define What You Want

First, you need to define agritourism. Many overlook the importance of definitions. At least until you are taken to court. Definitions are one of the key foundations of any successful zoning ordinance. The same goes for agritourism.

“…any activity incidental to the operation of a farm that brings members of the public to the farm for educational, recreational, or retail purposes.”

  – American Planning Association (APA)

Note that this is a general definition. Through the resources available from the American Planning Association’s (APA) Agritourism Knowledgebase, additional definitions of the term are available. Pick which one fits your community.

Define Sub-uses

There’s also some other possible definitions that are related that you should look into. Some of these, you may be willing to rely on the commonly accepted definition for these terms. But what is that definition? Google definition of value-added agricultural product, you can get multiple definitions from multiple “expert” sites. Attorneys like to find the definition that they like if your regulations get challenged and there’s no definition specific to that sub-use. Here are a few sub-uses and other terms you should consider defining:

• Farmer’s Market/Roadside Stand
• U-Pick
• Shooting Preserve or Game Farming
• Winery
• Cider Mill
• Christmas Tree Farm
• Pumpkin Patch
• Agricultural Products
• Value-Added Agricultural Product
• Non-Agriculturally Related Products
• Seasonal

Different Ways to Implement for Different Communities

There’s four main ways to implement agritourism into your regulations:

• Use Permitted Outright in an Existing Zoning District
• Listed as a Conditional Use/Special Use in an Existing Zoning District
• Overlay Zoning District
• Stand-Alone Zoning District

The selection of which one is best for you is based on your level of comfort with agritourism as a whole and if you are concerned of the impact of an agritourism use  on its neighbors.

Allowing the uses outright is the fastest path to kick-starting agritourism in your area. But it also gives you the least amount of control to protect the surrounding landowners and your community.

If you’re going to allow it outright, it is recommended to add some Supplemental Use Regulations into your zoning ordinance in relation to Agritourism. With supplemental use regulations, you can set forth constraints in relation to maximum facility sizes, parking, noise, nuisances, hours of operation, signage, and other potential aspects that could have an impact on your community. You may not be able to deal with a specific issue due to the specific type of business or location, but most of the general problematic aspects of agritourism can be handled through supplemental regulations.

Conditional Use Permits provide the best controls because you can lay out specific conditions for each use. If the expectations are written specific and clear for those involved then many issues can be avoided. Also, the problems that do arise can be remedied through the enforcement of the permit.

In most states, conditional use permits/special use permits often require public hearings as part of the approval process. So it is also a good time for public input. To address the neighbors’ concerns before the use is approved.

Why this Matters

When zoning is clear, predictable, and based on standards used elsewhere, potential agritourism owners can move forward with their dreams with confidence. Communities are able to add a business, add an amenity, without adding frustration.

Agritourism works best when the rules acknowledge that farms can be places of production and connection. Proper zoning balance doesn’t just protect rural character, it helps ensure that farms remain part of the rural landscape for generations to come.