As Introduced
136th General Assembly
Regular Session S. B. No. 122
2025-2026
Senator Hicks-Hudson
A B I L L
To amend sections 303.21 and 519.21 of the Revised
Code to eliminate the authority of townships and
counties to adopt zoning resolutions for
agricultural land under certain circumstances.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 303.21 and 519.21 of the Revised
Code be amended to read as follows:
Sec. 303.21. (A) Except as otherwise provided in division
(B) of this section, sections Sections 303.01 to 303.25 of the
Revised Code do not confer any power on any county rural zoning
commission, board of county commissioners, or board of zoning
appeals to prohibit the use of any land for agricultural
purposes or the construction or use of buildings or structures
incident to the use for agricultural purposes of the land on
which such buildings or structures are located, including
buildings or structures that are used primarily for vinting and
selling wine and that are located on land any part of which is
used for viticulture, and no zoning certificate shall be
required for any such building or structure.
(B) A county zoning resolution, or an amendment to such
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As Introduced
resolution, may in any platted subdivision approved under
section 711.05, 711.09, or 711.10 of the Revised Code, or in any
area consisting of fifteen or more lots approved under section
711.131 of the Revised Code that are contiguous to one another,
or some of which are contiguous to one another and adjacent to
one side of a dedicated public road, and the balance of which
are contiguous to one another and adjacent to the opposite side
of the same dedicated public road regulate:
(1) Agriculture on lots of one acre or less;
(2) Buildings or structures incident to the use of land
for agricultural purposes on lots greater than one acre but not
greater than five acres by: set back building lines; height; and
size;
(3) Dairying and animal and poultry husbandry on lots
greater than one acre but not greater than five acres when at
least thirty-five per cent of the lots in the subdivision are
developed with at least one building, structure, or improvement
that is subject to real property taxation or that is subject to
the tax on manufactured and mobile homes under section 4503.06
of the Revised Code. After thirty-five per cent of the lots are
so developed, dairying and animal and poultry husbandry shall be
considered nonconforming use of land and buildings or structures
pursuant to section 303.19 of the Revised Code.
Division (B) of this section confers no power on any
county rural zoning commission, board of county commissioners,
or board of zoning appeals to regulate agriculture, buildings or
structures, and dairying and animal and poultry husbandry on
lots greater than five acres.
(C) Such sections confer no power on any board of county
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As Introduced
commissioners, county rural zoning commission, or board of
zoning appeals to prohibit in a district zoned for agricultural,
industrial, residential, or commercial uses, the use of any land
for:
(1) A farm market where fifty per cent or more of the
gross income received from the market is derived from produce
raised on farms owned or operated by the market operator in a
normal crop year. However, a board of county commissioners, as
provided in section 303.02 of the Revised Code, may regulate
such factors pertaining to farm markets as size of the
structure, size of parking areas that may be required, set back
building lines, and egress or ingress, where such regulation is
necessary to protect the public health and safety.
(2) Biodiesel production, biomass energy production, or
electric or heat energy production if the land on which the
production facility is located qualifies as land devoted
exclusively to agricultural use under sections 5713.30 to
5713.37 of the Revised Code for real property tax purposes. As
used in division (C)(2) of this section, "biodiesel," "biomass
energy," and "electric or heat energy" have the same meanings as
in section 5713.30 of the Revised Code.
(3) Biologically derived methane gas production if the
land on which the production facility is located qualifies as
land devoted exclusively to agricultural use under sections
5713.30 to 5713.37 of the Revised Code for real property tax
purposes and if the facility that produces the biologically
derived methane gas does not produce more than seventeen million
sixty thousand seven hundred ten British thermal units, five
megawatts, or both.
(4) Agritourism. However, a board of county commissioners,
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As Introduced
as provided in section 303.02 of the Revised Code, may regulate
such factors pertaining to agritourism, except farm markets as
described in division (C)(1)(B)(1) of this section, as size of a
structure used primarily for agritourism, size of parking areas
that may be required, setback building lines for structures used
primarily for agritourism, and egress or ingress where such
regulation is necessary to protect public health and safety.
Nothing in division (C)(4)(B)(4) of this section confers
power on a county zoning commission, board of county
commissioners, or board of zoning appeals to require any parking
area to be improved in any manner, including requirements
governing drainage, parking area base, parking area paving, or
any other improvement.
Nothing in division (C)(4)(B)(4) of this section confers
power on a county zoning commission, board of county
commissioners, or board of zoning appeals to prohibit the use of
any land or the construction or use of buildings or structures
that are used primarily for vinting and selling wine that are
located on land any part of which is used for viticulture as
provided in division (A) of this section.
(D)(1)(C)(1) As used in division (B)(2) of this section,
"biodiesel," "biomass energy," and "electric or heat energy"
have the same meanings as in section 5713.30 of the Revised
Code.
(2) As used in division (C)(3)(B)(3) of this section,
"biologically derived methane gas" has the same meaning as in
section 5713.30 of the Revised Code.
(2)(3) As used in division (C)(4)(B)(4) of this section,
"agritourism" has the same meaning as in section 901.80 of the
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As Introduced
Revised Code.
Sec. 519.21. (A) Except as otherwise provided in divisions
(B) and (D)division (C) of this section, sections 519.02 to
519.25 of the Revised Code confer no power on any township
zoning commission, board of township trustees, or board of
zoning appeals to prohibit the use of any land for agricultural
purposes or the construction or use of buildings or structures
incident to the use for agricultural purposes of the land on
which such buildings or structures are located, including
buildings or structures that are used primarily for vinting and
selling wine and that are located on land any part of which is
used for viticulture, and no zoning certificate shall be
required for any such building or structure.
(B) A township zoning resolution, or an amendment to such
resolution, may in any platted subdivision approved under
section 711.05, 711.09, or 711.10 of the Revised Code, or in any
area consisting of fifteen or more lots approved under section
711.131 of the Revised Code that are contiguous to one another,
or some of which are contiguous to one another and adjacent to
one side of a dedicated public road, and the balance of which
are contiguous to one another and adjacent to the opposite side
of the same dedicated public road regulate:
(1) Agriculture on lots of one acre or less;
(2) Buildings or structures incident to the use of land
for agricultural purposes on lots greater than one acre but not
greater than five acres by: set back building lines; height; and
size;
(3) Dairying and animal and poultry husbandry on lots
greater than one acre but not greater than five acres when at
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136 S. B. No. 122 Page 6
As Introduced
least thirty-five per cent of the lots in the subdivision are
developed with at least one building, structure, or improvement
that is subject to real property taxation or that is subject to
the tax on manufactured and mobile homes under section 4503.06
of the Revised Code. After thirty-five per cent of the lots are
so developed, dairying and animal and poultry husbandry shall be
considered nonconforming use of land and buildings or structures
pursuant to section 519.19 of the Revised Code.
Division (B) of this section confers no power on any
township zoning commission, board of township trustees, or board
of zoning appeals to regulate agriculture, buildings or
structures, and dairying and animal and poultry husbandry on
lots greater than five acres.
(C) Such sections confer no power on any township zoning
commission, board of township trustees, or board of zoning
appeals to prohibit in a district zoned for agricultural,
industrial, residential, or commercial uses, the use of any land
for:
(1) A farm market where fifty per cent or more of the
gross income received from the market is derived from produce
raised on farms owned or operated by the market operator in a
normal crop year. However, a board of township trustees, as
provided in section 519.02 of the Revised Code, may regulate
such factors pertaining to farm markets as size of the
structure, size of parking areas that may be required, set back
building lines, and egress or ingress, where such regulation is
necessary to protect the public health and safety.
(2) Biodiesel production, biomass energy production, or
electric or heat energy production if the land on which the
production facility is located qualifies as land devoted
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As Introduced
exclusively to agricultural use under sections 5713.30 to
5713.37 of the Revised Code for real property tax purposes. As
used in division (C)(2) of this section, "biodiesel," "biomass
energy," and "electric or heat energy" have the same meanings as
in section 5713.30 of the Revised Code.
(3) Biologically derived methane gas production if the
land on which the production facility is located qualifies as
land devoted exclusively to agricultural use under sections
5713.30 to 5713.37 of the Revised Code for real property tax
purposes and if the facility that produces the biologically
derived methane gas does not produce more than seventeen million
sixty thousand seven hundred ten British thermal units, five
megawatts, or both.
(4) Agritourism. However, a board of township trustees, as
provided in section 519.02 of the Revised Code, may regulate
such factors pertaining to agritourism, except farm markets as
described in division (C)(1)(B)(1) of this section, as size of a
structure used primarily for agritourism, size of parking areas
that may be required, setback building lines for structures used
primarily for agritourism, and egress or ingress where such
regulation is necessary to protect public health and safety.
Nothing in division (C)(4)(B)(4) of this section confers
power on a township zoning commission, board of township
trustees, or board of zoning appeals to require any parking area
to be improved in any manner, including requirements governing
drainage, parking area base, parking area paving, or any other
improvement.
Nothing in division (C)(4)(B)(4) of this section confers
power on a township zoning commission, board of township
trustees, or board of zoning appeals to prohibit the use of any
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As Introduced
land or the construction or use of buildings or structures that
are used primarily for vinting and selling wine that are located
on land any part of which is used for viticulture as provided in
division (A) of this section.
(D)(C) Nothing in this section prohibits a township zoning
commission, board of township trustees, or board of zoning
appeals from regulating the location of medical marijuana
cultivators, processors, or retail dispensaries or from
prohibiting such cultivators, processors, or dispensaries from
being located in the unincorporated territory of the township.
(D)(1) As used in division (B)(2) of this section,
"biodiesel," "biomass energy," and "electric or heat energy"
have the same meanings as in section 5713.30 of the Revised
Code.
(2) As used in division (C)(3)(B)(3) of this section,
"biologically derived methane gas" has the same meaning as in
section 5713.30 of the Revised Code.
(2)(3) As used in division (C)(4)(B)(4) of this section,
"agritourism" has the same meaning as in section 901.80 of the
Revised Code.
Section 2. That existing sections 303.21 and 519.21 of the
Revised Code are hereby repealed.
Section 3. Section 519.21 of the Revised Code is presented
in this act as a composite of the section as amended by both
H.B. 523 and S.B. 75 of the 131st General Assembly. The General
Assembly, applying the principle stated in division (B) of
section 1.52 of the Revised Code that amendments are to be
harmonized if reasonably capable of simultaneous operation,
finds that the composite is the resulting version of the section
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As Introduced
in effect prior to the effective date of the section as
presented in this act.
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