Oregon court rules on conditional use permits for land zoned for exclusive farm use

Posted February 9, 2016

Last week, the Court of Appeals of Oregon considered the definition of the term “private park” as applied to conditional use permits for weddings and other events on property zoned for exclusive farm use (EFU).

In Central Oregon Landwatch v. Deschutes County, the court examined Oregon Revised Statute 215.283(2)(c) which states in part that “private parks, playgrounds, hunting and fishing preserves and campgrounds” may be established as nonfarm uses on property zoned for exclusive farm use. The court concluded that the specific proposed use of the property by the petitioners was not for a private park, but more accurately, for a commercial event venue.

The court considered the case of John and Stephanie Shepherd, owners of a 216-acre parcel in Deschutes County zoned for exclusive farm use within a wildlife area. The property at issue was a 2.6 acre portion of a parcel that contained a single-family dwelling, a gazebo, a circular driveway, a grassy area and a one-acre parking area. (At the time of their application, the remainder of their larger parcel was not used for agriculture, but for two acres used to raise poultry). In 2013, the Shepherds submitted an application to the county to establish a “private park” on their entire 216-acre parcel to host weddings and other events and it was denied. In 2014, they applied again to establish a private park, but this time, only on the 2.6-acre portion of the property. That application emphasized “recreational activities” that would occur during hosted weddings and events. The county approved the 2014 petition for the private park.

Per the county’s reasoning, wedding ceremonies are not recreation, but other activities that occur during wedding receptions and special events would fall within the definition of “recreation” and under the “private park” use as intended by the statute. The county concluded that weddings and other events could occur in a private park as long as they remained “incidental and subordinate to” any recreational activities.

The environmental organization Central Oregon Landwatch, petitioned the Land Use Board of Appeals (LUBA) to review the decision, arguing that the Shepherd’s use of their property did not qualify as a “private park” under the statute.

LUBA reversed the county’s decision and declared that the determining factor for whether a proposed use qualified as a park or private park was whether the proposed use was “recreational.”  

The county appealed LUBA’s decision and last week, the Court of Appeals considered whether the Shepherd’s proposed use for their property fell within the term “private park.”

The court first noted that the statute does not define “park” or “private park” for purposes of the statute, but lists 27 nonfarm conditional uses that a county may allow in an EFU zone if the county determines that the use “will not significantly affect surrounding lands devoted to farm use.”

The court reasoned that the text of ORS 215.283(2)(c) indicates that the legislature intended to allow “low-intensity outdoor recreational uses,” for which enjoyment of the outdoors in an open space or on land in its natural state is a necessary component. Notably, however, the court stated that “legislative history does not support an expansive construction of ‘private park’ that would allow a primarily commercial activity that is not such a park use.”

In this case, the petitioners (the Shepherds) intended to “host weddings, wedding receptions, family reunions, fundraisers and charity balls.” The court concluded that the Shepherds did not intend to maintain a tract of land for natural enjoyment and outdoor recreational use, but rather sought to rent out their lawn for up to 18 events a year and “for no other purpose.” Specifically, the Shepherds “did not propose to establish a private park as a park, but wanted to establish a private park solely for use as a commercial venue.”  

The Court of Appeals affirmed LUBA’s decision, narrowing permitted uses in EFU zones. 

This case highlights recent activity on farmland use issues. For more information, visit our library of subject-based "Reading Rooms" with research on agritourism, urban encroachment and other subjects on our website.

(photo courtesy pixabay.com)

Agritourism Legislation Introduced in Ohio Senate

Posted May 21, 2014

A new bill introduced in the Ohio Senate aims to address legal issues for Ohio agritourism operators, according to an article by Peggy Kirk Hall, Assistant Professor of Agricultural & Resources Law with Ohio State University available here.

The bill, S.B. 334, was introduced on May 7 and would affect agritourism activities in the areas of civil liability, property taxation, zoning regulation and amusement ride standards.

The bill follows similar trends in other states for “civil liability protection from claims that occur during agritourism activities.”  Harm resulting from “risks inherent in an agritourism activity” includes: the surface and subsurface conditions of the land; the behavior of wild or domestic animals; ordinary dangers associated with farming or ranching structures or equipment; the possibility of contracting an illness from animals, animal feed, or animal waste; the participant’s negligence. 

The law does not extend immunity for intentional harm or “willful or wanton disregard for the safety of an observer or participant.”

Agritourism land would qualify for Ohio’s Current Agricultural Use Valuation real property taxation program.  In addition, local zoning boards would not have the authority “to utilize zoning to prohibit the use of land for agritourism in any district, whether zoned for agricultural, industrial, residential, or commercial uses.”

For more information on agritourism, please visit the National Agricultural Law Center’s website here.  The National Agricultural Law Center also offers a State Law Clearinghouse of all agritourism laws in the United States available here.

PA Township Rejects Proposed Agritourism Zoning Amendment

Posted May 21, 2014

Supervisors of a Pennsylvania Township recently rejected a proposed amendment that would have allowed agricultural tourism on residential properties, according to an article by the Ligonier Echo, available here.

During the meeting, the Ligonier Township board voted 2-1 against authorizing an attorney, Mark Hamilton, to submit the amendment to the zoning ordinance to the planning commission.  The proposal “set requirements and definitions for ‘agritourism,’ as a conditional use in four districts, including three that are zoned residential.”

Farm owners in favor of the amendment wanted “to host weddings and other events, which are not permitted on the residentially zoned property under the current ordinance.”  The issue has been contentious with the farm owners and neighbors. 

As a result of the vote, Hamilton has resigned as special counsel for the Ligonier Township.  Hamilton’s resignation letter criticized the board majority for “an intolerance for perspectives not consistent with yours.”  Hamilton also said of the two supervisors with dissenting votes, “Unfortunately, both of you refused to engage your electorate, and, by so doing, failed to fulfill your duty of leadership.” 

For more information on agritourism, please visit the National Agricultural Law Center’s website here.

Virginia Groups Compromise for New Agritourism Bill

Posted January 20, 2014

A new bill addressing the rights of Virginia farmers to conduct agritourism activities was introduced after HB 1430, The Right to Farm Act, failed to pass the state’s Senate Agriculture Committee last year according to an article by Global News Wire available here.

The new bill, HB 268, was introduced on January 8, 2014 by Delegate Bobby Orrock.  A companion bill, SB51 was filed by Senator Richard Stuart.  The compromise bill is the work of a state-appointed task force which brought farming groups and opposing views together. 

The new bill and the failed bill introduced last year are a reaction to a 2012 incident.  Martha Boneta faced fines after she hosted a child’s birthday party and held other activities at her farm such as pumpkin carving, according to an article by the Canada Free Press available here.  Fauquier County deemed the party illegal because it lacked a permit. 

In 2011, the County issued Boneta a special license to run a “farm retail shop” to sell handspun yarn, fresh vegetables, herbs, honey, and craft items such as birdhouses.  In 2011, the Fauquier County Board of Supervisors changed the “farm sales classification” to require a special permit for activities “not previously included in the permit.”

Boneta faced fines of $5,000 per violation for hosting the birthday party without a “site plan,” advertising one wine tasting, selling postcards of rescued farm animals, among others.

HB 268 summarizes agricultural operations and local regulation of certain activities, “protecting customary agritourism activities from local bans in the absence of substantial impacts on the public welfare and requires certain localities to take certain factors into account when regulating agritourism activities.”  A basis in health, safety, or public welfare is required for a local ordinance to restrict activities such as “agritourism, sale of agricultural or silvicultural products, related items, preparation or sale of foods that already comply with state laws, and other customary activities.”  Local boards are also “prohibited from subjecting these activities to a special-use permit requirement.”

For more information on agritourism, please visit the National Agricultural Law Center’s website here.

Judge Hears Arguments in NC Agritourism Lawsuit

Posted January 17, 2014

A North Carolina Superior Court judge recently heard arguments on whether a farm can operate a shooting range as an agritourism activity and will rule in the coming weeks, according to an article by WNCN available here.

Drake Landing at Andrews Farm operates as a shooting range and claims that it is an agritourism activity.  Neighbors, on the other hand, argue that it should be regulated like a shooting range.

Superior Court Judge Winston Gilchrist will decide whether the opponents of the shooting range received a proper opportunity to present their argument to the Harnett County Board and whether a shooting range can claim exemption from local zoning because it is located on a farm, according to an article by the Fayetteville Observer available here.

North Carolina’s agritourism statutes are available here. 

Agritourism allows owners of farms, ranches or other agricultural business to entertain or educate visitors and generate income from those activities.  Examples of agritourism include pumpkin patches, corn mazes, U-pick operations, petting zoos, hay rides, demonstration farms, winery tours and wine tasting, and on-farm farmers’ markets. 

The National Agricultural Law Center offers helpful resources on legal issues in agritourism here.  The National Agricultural Law Center also offers a State Law Clearinghouse, providing statutes for every state that has enacted agritourism laws.  The agritourism statutes are available here.

Oregon Appeals Court Limits Agritourism Activities

Photo by Iowa State University

Posted December 13, 2013

In Greenfield v. Multnomah County, 259 Or. App. 687 (2013), the Oregon Court of Appeals considered state land use laws, specifically “farm stands” as a permitted use in the Exclusive Farm Use Zone.    

The decision has been criticized for creating additional uncertainty for agritourism activities in Oregon, according to an article by JD Supra available here and a Capital Press article available here.  The opinion is available here.

Background:  Bella Organics grows organic crops on a farm on Sauvie Island in Multnomah County.  Id. at 692.  It held a permit to operate a farm stand to sell its products, “incidental” retail items, and “prepared food from the farm stand.”  Id.  The permit was later modified to authorize a limited number of fee-based special events with a “mobile food car[t] or food booths” to “be used to promote organic produce on the farm.”  Id. at 693. 

Bella engaged in additional activities and sought approval from the county for “small-scale gatherings such as birthdays, picnics and similar activities” and “farm-to plate dinner[s], with a maximum number of 150 guests.”  Id.  The planning director approved the change and the decision was appealed.  Id.  The hearing officer modified the decision, limiting the amount of guests and number of events per year.  Id.  Both Bella and Greenfield petitioned for review of the hearing officer’s decision.  Id. The Land Use Board of Appeals (LUBA) concluded that farm-to-plate dinners were prohibited because the rule prohibited banquets and determined that “small-scale gatherings were allowed under the rule.”  Id.  The parties appealed.  Id.

Analysis and Holding

The Appeals court analyzed the meaning of ORS 215.283 (1)(o): (1) whether fee-based activities were allowed regardless of whether the activity takes place inside a structure or not, and if so, (2) whether the statute excludes activities that cannot be included in a farm stand structure.  Id. at 698. 

The court concluded that the promotions clause in ORS 215.283(1)(o) “authorizes promotional activities outside of the farm stand structure and that the clause is not limited to allowing sales or other activities inside of a farm stand structure.”  Id. at 703.  The prohibition on activities inside the farm stand structure (for banquets or public gatherings) do not apply to activities outside the structure.  Id. at 704.   Farm stands may not be used for promotional activities.  Id. at 705.  

The court concluded that the term “structures” refers to “something built or constructed for temporary or permanent use” including tents canopies, portable viewing platforms, food carts, and ticket kiosks and are subject to use and design limitations of the statute.  Id. at 706.  Birthday parties and other small-scale uses primarily to promote the sale of products at the farm stand are permitted under the statute.  Id. at 714.  The court also remanded the case to determine whether food carts meet the requirements for farm stand “structures” under the statute.  Id. at 715.  

NALC Resource: State Law Clearinghouse

Posted October 22, 2013

The State Law Clearinghouse, available here, is a free resource provided by the National Agricultural Law Center.  

The Clearinghouse is an ongoing project to compile all state statutes that exist in specific topics of agricultural law.  State laws may vary widely from one state to the next, even when the area of law is the same.  This resource allows a researcher to obtain targeted, state-specific information on the issue by providing a complete statutory text along with the date of possible expiration.

Statute compilations posted to date include: Agricultural liens, agritourism, alternative dispute resolution (ADR), animal cruelty, animal identification, biofuels, climate change, farm animal confinement, fence law, recreational use, and right-to-farm.

To use, simply click on a state and a drop down menu will appear with the names of the topics of the statutes that have been assembled for that state.  From there, click on the appropriate state, and a document will open with the applicable information.  If a topic is missing from a state’s drop down menu, laws on that topic have not yet been passed in that state.

Three Injured in Tractor Crash at Farm’s Fall Festivities

Posted October 18, 2013

Three people were injured after a tractor rolled into at ditch at a Bedford County, Virginia farm, according to an article by The Roanoke Times, available here.

Layman Family Farms opened its facilities to the public as part of its fall festivities in which visitors can pick pumpkins, go on hayrides, and explore a corn maze. 

The injuries occurred when six people were on a flatbed trailer hitched to a tractor which rolled down a hill into a creek on the farm.  Rescue crews were called to the farm around 10:30 p.m. on Friday. Montvale fire chief, Scott Hawkins, said two people fell off the trailer and were pinned underneath it in the water.  Two people were airlifted to a trauma center at a nearby hospital and one person was transported by ambulance, according to a WSET article, available here.  WSLS 10 reports that the farm reopened on Saturday.

Agritourism is a field that is growing in popularity as producers try to diversify and increase profits.  By combining agriculture and tourism, new sources of revenue are available, but the potential for problems and legal complications can arise.  A webinar presentation on “Landowners’ Legal Liability Concerns” by Rusty Rumley, National Agricultural Law Center Staff Attorney, is available here.

NY Governor Welcomes 14 Newly-Licensed Farm Breweries

Posted October 16, 2013

New York Governor Andrew M. Cuomo welcomed 14 newly-licensed farm breweries that have opened as a result of legislation which took effect in January 2013, according to a press release from the Governor’s office available here. 

The “Farm Brewery” license allows craft brewers using products grown in New York State to operate in a similar way to the state’s farm wineries, “leading to increased demand for locally grown farm products as well as expanded economic development and tourism.” 

Governor Cuomo said, “With the opening of 14 farm breweries since January and a nearly 100 percent increase in our microbreweries, it is clear that New York’s craft beer industry is booming – and this is just the beginning.”

In order to receive a Farm Brewery license, the beer “must be made primarily from locally grown farm products.”  Until the end of 2018, at least 20 percent of the hops and 20 percent of all other ingredients must be grown or produced in the state of New York. 

The farm brewery license allows brewers to serve beer by the glass without an additional permit, which has the highest return in terms of sales.  Farm brewers may make cider and serve the cider by the glass.  They are also allowed five branch offices to sell their products and other New York State labeled beer, wine, and liquor, in addition to tasting rooms, retail shops, and restaurants. 

The farm brewery legislation is growing the state’s agriculture sector, with hops acreage doubling over the past year. 

Dean Norton, President of New York Farm Bureau, said, “New York Farm Bureau has always been a strong supporter of increasing opportunities for our farmer members.  The opportunity created by the new farm category of licenses – either winery, distilleries, cideries, or breweries – has created new possibilities for growth.”

Paul Leone, Executive Director of New York State Brewers Association, said, “With more hops and malted barley being planted every year, more and more breweries will have the opportunity to qualify for a farm license and take advantage of this legislation signed by Governor Cuomo.”

For more information on agritourism and local food systems, please visit the National Agricultural Law Center’s website here and here.

Three States Pass New "Agritourism" Liability Protection Laws

As the legislative sessions for many states are wrapping up, three states have recently passed agritourism statutes designed to reduce help reduce some of the legal liability surrounding so-called “inherent risks” of agritourism operations.  Oklahoma, Idaho and Florida have each passed laws that will come in to effect in the coming months.  The Florida and Ohio laws are set to become law on July 1, 2013.  The Oklahoma law is set to be effective on November 1.  Inherent risks are typically defined to include natural conditions of the land, water, wild and domestic animals, farm buildings, equipment, and other risks associated with farming, ranching or forestry.  Both statutes are written to cover negligent acts by other participants on the farm.

One interesting difference between the three new agritourism laws is found in their exceptions to the liability protection.  The Florida statute states that gross negligence on the part of the agritourism operators will disallow any protection under the new law.  However, the Idaho and Oklahoma statutes will disallow protection if the operator or their employees commit any negligent act or omission. 

Many states have enacted similar legislation, and there are a number of legal issues associated with agritourism.  For a recently updated list of states' agritourism laws, visit the National Agricultural Law Center's  State Compilation of Agritourism Statutes. In addition, more legal research and information pertaining to Agritourism is available on the National Agricultural Law Center Agritourism Reading Room.   

For questions regarding the legal issues in agritourism, please contact Staff Attorney Rusty Rumley at rrumley@uark.edu.  

U.S. Agritourism Statutes

Agritourism is one of the fastest growing agricultural endeavors in the country.  As part of an ongoing focus on agritourism operations the Center has updated their collection of state agritourism statutes.  This includes adding states that have recently passed these statutes and revising states that have amended their statutes during the past couple of years.  

Like many state laws, these statutes tend to vary from state to state which makes it important to review each statute individually.  Typically, these statutes reduce the legal duty of agritourism operators to participants that are injured by some "inherent risk" associated with the agricultural operation. The effectiveness of these statutes vary considerably and so do the topics that the statutes address.  For more information please visit our Agritourism Reading Room or our revised Agritourism State Compilation.

For questions on legal issues involving agritourism please contact Staff Attorney Rusty Rumley at rrumley@uark.edu.

Upcoming Workshop on Legal Issues in Forestry

The National Agricultural Law Center, along with the University of Arkansas Division of Agriculture Cooperative Extension Service and the LSU AgCenter are hosting a series of three workshops dealing with legal, marketing, and business issues that affect forest landowners. Topics discussed at the conference will include wildlife management, insurance, leasing contracts, landowner liability, and agritourism.

The third and final workshop will be held in Monticello, Arkansas on April 13 at the Drew County Farm Bureau Building (656 Barkada Road). The April 13 workshop qualifies for Continuing Education for Foresters and Loggers.

Workshop presenters will include:

• Dr. Tamara Walkingstick, Arkansas Forest Resources Center Associate Center Director;
• Dr. Becky McPeake, Associate Professor and Extension Specialist, Arkansas Cooperative Extension Service;
• Dora Ann Hatch, State-wide Coordinator for Agritourism, LSU AgCenter;
• Rusty Rumley, Staff Attorney, National Agricultural Law Center; and
• Elizabeth Rumley, Staff Attorney, National Agricultural Law Center.

The workshops will be held from 9am – 4pm, with registration beginning at 8:30am. A registration fee of $20 per person/ $30 per couple will cover lunch. Payment is not due until the morning of the workshop.

For more information on any aspect of the conference or to pre-register, contact Rusty Rumley at (479) 575-2636, or via email at rrumley@uark.edu.

The workshops are conducted pursuant to a grant titled, “Managing Legal Risk for Alternative Uses of Forestland”, awarded through the Southern Risk Management Education Center.

Upcoming March 16 Workshop for Foresters and Loggers

The National Agricultural Law Center, along with the University of Arkansas Division of Agriculture Cooperative Extension Service and the LSU AgCenter are hosting a series of three workshops dealing with legal, marketing, and business issues that affect forest landowners. Topics discussed at the conference will include wildlife management, insurance, leasing contracts, landowner liability, and agritourism.

The next workshop will be held in Shreveport, Louisiana on Friday, March 16, 2012. The third and final workshop will be held in Monticello, Arkansas on April 13.

The March 16 workshop qualifies for Continuing Education for Foresters and Loggers.

Workshop presenters will include:

• Dr. Tamara Walkingstick, Arkansas Forest Resources Center Associate Center
Director;
• Dr. Becky McPeake, Associate Professor and Extension Specialist, Arkansas
Cooperative Extension Service;
• Dora Ann Hatch, State-wide Coordinator for Agritourism, LSU AgCenter;
• Rusty Rumley, Staff Attorney, National Agricultural Law Center; and
• Elizabeth Rumley, Staff Attorney, National Agricultural Law Center.
The workshops will be held from 9am – 4pm, with registration beginning at 8:30am. A registration fee of $20 per person/ $30 per couple will cover lunch. Payment is not due until the morning of the
workshop.

For more information on any aspect of the conference or to pre-register, contact Rusty Rumley at (479) 575-2636, or via email at rrumley@uark.edu.

The workshops are conducted pursuant to a grant titled, “Managing Legal Risk for Alternative Uses of Forestland”, awarded through the Southern Risk Management Education Center.

Upcoming Webinars on Legal Issues in Recreational Land Use

On Thursday, March 1, 2012 at 11:30 a.m. (Central) a free, producer-oriented webinar will be offered that focuses on landowner liability issues associated with the recreational use of land. The webinar is part of a multi-workshop series of online workshops conducted under the Southern Risk Management Education Center project titled “Using Alternative Enterprises and Recreational Development to Bolster Farm Incomes.” The workshops are conducted under the leadership of the Natural Resource Enterprises Program at Mississippi State University in partnership with the National Agricultural Law Center at the University of Arkansas System Division of Agriculture.

In addition, other partners are Auburn University, Clemson University, and the the University of Tennessee.

The March 1 workshop will overview the basics of premises liability issues as well as address the application of recreational use statutes and the agritourism liability laws. The next webinar, which will address business organization issues, will be held on March 8 at 11:30 a.m.

The broadcast will begin at 11:30 a.m. (Central). To join the webinar, simply click on the following link and follow the user-friendly instructions, http://msues.adobeconnect.com/wildlife.

It is recommended that participants sign on 15 minutes prior to the beginning of the webinar.

National Ag Day Today

The Agriculture Council of America (ACA) is holding National Ag Day today in Washington, D.C., to be marked with events including the Ag Day Luncheon on the Celebration of Ag Dinner.

As described by its organizers, National Ag Day is a day to recognize and celebrate the abundance provided by agriculture. To recognize these contributions, many groups across America including producers, agri associations, corporations, universities, and government agencies join together for National Ag Day.

In order to promote National Ag Day, ACA organized an essay contest which requested submissions of both written and video essays. To read the winning essay and watch the winning video, click here.

Located in Kansas, the ACA dedicates its efforts to increasing the public's awareness of agriculture's role in modern society. To visit their website, click here.

Posted: 3/15/11

USDA Announces Grants for Voluntary Public Access and Habitat Incentive Program

USDA announced yesterday that "17 state public access programs will receive grants totaling $11.76 million through the Voluntary Public Access and Habitat Incentive Program (VPA-HIP)" according to a news release.

The Voluntary Public Access and Habitat Incentive Program "incentivizes owners and operators of privately held farm, ranch, and forest land to voluntarily give hunters, fishermen, hikers, bird watchers and other recreational outdoor enthusiasts access to land for their enjoyment."  Funding was issued through a competitive process and states may use the funding for "existing public access programs, to create new public access programs, or to provide incentives to improve wildlife habitat on enrolled lands."  Additionally, the funds may be used "to provide rental payments and other incentives, such as technical or conservation services to landowners who, in return, provide the public access to their land."

"FSA will open the grant application period for fiscal year 2011 funding after publication of a final rule."

This program may raise liability issues for those farmers and ranchers who apply to participate in the program and allow the public on their lands.  Recreation use statutes in some states may protect landowners from liability when payment is received, but others may not.  Some states distinguish between the type of payment or amount of payment received.  Some states may also apply their recreational use statutes to agritourism activities.

For more information, a collection of states' recreational use statutes is available here.  A collection of states' agritourism statutes is available here.

To read the USDA News Release, click here.

Posted: 10/05/2010

USDA Announces Voluntary Program to Improve Recreational Land Access

Secretary of Agriculture, Tom Vilsack, announced a program to improve voluntary access to private land for recreational purposes including hunting and fishing on July 8, 2010.

The "Voluntary Public Access and Habitat Incentive Program" (VPA-HIP) is a "competitive grant program that is only available for state and tribal governments" according to the USDA press release.  Secretary Vilsack stated that the VPA-HIP "will not only help achieve conservation goals, but also increase opportunities for hunting and fishing and other outdoor recreation by providing greater access to privately held lands for wildlife-dependent recreation."  Up to 50 million dollars is available for the program and this funding will be used to provide rental payments "and other incentives such as technical or conservation services" to participating landowners.

Currently, 26 states have public access programs for hunting, fishing, and other recreation uses.  Secretary Vilsack stated that there are also economic incentives for outdoor recreation, as reported by Brownfield Ag News.  The industry in the United States is worth about 730 billion dollars per year and hunting and fishing alone are worth about 200 billion dollars per year.

Private landowners may have concerns about liability protection when opening their land to the public for recreational purposes.  All 50 states, however, have enacted some degree of liability protection for these landowners through statutes know as "recreational use statutes."

For a guide to the States' Recreational Use Statutes provided by the National Agricultural Law Center, click here.

To read the USDA press release, click here.
To read the Brownfield Ag News story, click here.

Posted: 07/09/2010

TN Zoning and Agritourism Lawsuit Dismissed

A lawsuit concerning zoning and agritourism issues in Blount County Tennessee has been dismissed.

The plaintiff sued Bob Schmidt, owner of Maple Lane Farms, claiming that the property was not zoned for any use other than agricultural and that commercial and tourist activities have brought increased traffic and noise to an area that is not zoned for commercial and tourist activities, according to the Blount County Daily Times.

Beginning in 1992, Schmidt started a pumpkin patch operation for neighbors and other visitors and in 1998, Schmidt started a corn maze. In 2007, he offered helicopter rides, which he now believes did not work out successfully and will not offer the rides in the future, as reported in Blount Today.  The farm also holds a strawberry festival in the Spring.

Schmidt essentially argues that the farms activities constitute a temporary nuisance which "can be corrected by labor or money" according to Brent Johnson, attorney for Schmidt.  He argues that the issue concerns an "abatement of a nuisance" as reported by the Blount County Daily Times.

The lawsuit was dismissed by the County Chancellor "midway through an expected two-day trial" because Shirley Schmidt, mother of Bob Schmidt, owns a portion of Maple Lane Farms and had not been named as a defendant in the lawsuit.  The decision may be appealed.

For more information on Agritourism, click here.
To read the Blount County Daily Times stories, click here and here.
To read the Blount Today story, click here.

Posted: 07/08/2010

Agritourism a bright spot for Tennessee

Amidst the current economic recession, farmers in Tennessee have found a way to supplement their incomes while doing what they always do--work their farms.

600 agritourism operations have popped up across the state as farmers and ranchers are opening up their gates for reunions, weddings, hay rides, animal feeding and milking, and other tours and activities.

As Anne Paine reports for the Tennessean, farmers like Billy Donnell "view agritourism as a way to educate the public about farming, while still raising cattle and crops." Donnell notes the tours pay for themselves "plus a little extra [.]"

Some farmers, like Jason and Amy Ladd of Rutherford County, have started their operations with the hope it will provide their primary income. Their biggest attraction are the pettable farm animals, over 100 currently. For the five weeks the Ladd farm was open last year they had roughly 10,000 visitors. With many animals on birth alert, they hope to see that number grow in 2010.

Tennessee Agriculture Commissioner Ken Givens notes that agritourism is '"very much a growing industry in Tennessee [.]"' A 2006 University of Tennessee study, which can be accessed by clicking here, reports annual agritourism spending stimulates roughly $32 million in economic activity, with $17 million in direct spending.

It is estimated that 11.5 acres of Tennessee farmland is lost per hour for development, so it is not surprising that conservationists support the efforts of Tennessee farmers and the agritourism movement too. Most recent data "show that 8,500 farms and 600,000 acres have been lost over the six years ending in 2007."

In addition to benefiting the farm owners, state Tourist Development Commissioner Susan Whitaker states in the Paine article that '". . . this new industry of agritourism . . . is good for tourism, but it's good for local communities, too [.]"' The University of Tennessee report notes that for "every dollar spent at an agri-tourism attraction, an additional $.85 of economic activity is generated through multiplier effects."

It appears agritourism will be part of the Tennessee farm landscape for some time to come.

To read the Tennessean article click here.

Posted: 02/23/10

Retreat on the Nature of Agritourism coming up

February 19-21, 2010 the University of Arkansas system is hosting a workshop at the Winthrop Rockefeller Institute that will provide a “hands-on, three day retreat that will inform and educate participants about the opportunities agritourism presents for: economic and community development; sustainable agriculture; wildlife habitat management practices; and youth education.” Those interested in these topics should consider attending, but hurry, the registration deadline is Wednesday, February 17, 2010.

The workshop is collaborative effort between Audubon Arkansas, 4Sight Development, Arkansas Agritourism Initiative Partnership, University of Arkansas Division of Agriculture, the National Agricultural Law Center, and Arkansas Department of Parks and Tourism.

To learn more about the event, including how to register, the agenda, courses that will be offered, and who the speakers will be, click here.

Posted: 02/11/10