02-26 12:30 H.B. 559
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Local Agritourism Ordinance Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Doug Owens
Senate Sponsor:
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LONG TITLE
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General Description:
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This bill enacts provisions related to municipal and county regulation of agritourism
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activities.
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Highlighted Provisions:
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This bill:
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▸ defines terms; and
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▸ requires each municipality and county to enact an ordinance that:
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● specifies which agritourism activities are permitted or restricted on an agricultural
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enterprise; and
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● describes regulations that apply to various agritourism activities.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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ENACTS:
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10-9a-541, Utah Code Annotated 1953
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17-27a-536, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 10-9a-541 is enacted to read:
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10-9a-541 . Agritourism activities.
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(1) As used in this section:
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(a) "Agricultural arts center" means an agritourism activity involving the use of an
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agricultural enterprise as a venue for artistic expression through various art forms,
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including visual art, literature, music, theater, film, or dance.
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(b) "Agricultural enterprise" means the same as that term is defined in Section 78B-4-512.
H.B. 559 H.B. 559 02-26 12:30
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(c) "Agritourism" means the same as that term is defined in Section 78B-4-512.
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(d) "Agritourism activity" means the same as that term is defined in Section 78B-4-512.
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(e) "Dude ranch" means an agritourism activity involving the use of an agricultural
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enterprise as a commercial vacation ranch operation that provides activities related to
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a ranch lifestyle, including camping, horseback riding, or wrangling, and which may
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offer short-term overnight rental accommodations for guests.
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(f) "Event venue rental" means an agritourism activity involving the use of an
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agricultural enterprise as a venue where an individual can rent space to host an event.
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(g) "Farmers' market" means an agritourism activity involving the use of an agricultural
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enterprise as a venue where multiple individuals may sell agricultural products.
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(h) "Glamorous camping" means an agritourism activity involving the use of an
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agricultural enterprise as a venue where individuals can rent fully furnished tents or
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cabins on a nightly basis.
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(i) "Health farm" means an agritourism activity involving the use of an agricultural
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enterprise as a venue for health and wellness education, exercise programs, or
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nutritional guidance.
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(j) "Hunting preserve" means an agritourism activity involving the use of an agricultural
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enterprise as a venue where an individual or group can pay a fee to hunt, with
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approval from the appropriate local, state, or federal agencies.
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(k) "Lodging house" means an agritourism activity involving the use of an agricultural
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enterprise as a venue that provides short-term overnight rental accommodations in a
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building where no cooking facilities are provided in individual rooms.
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(l) "Market" means an agritourism activity involving the use of an agricultural enterprise
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as a venue where:
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(i) at least one product from the agricultural enterprise is continuously offered for
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sale, either in the product's original form or incorporated into another product; and
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(ii) products sold are limited to those typically sold by a grocer.
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(m) "On-site produce store" means an agritourism activity involving the use of an
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agricultural enterprise as a shop operated by the owner or manager of the agricultural
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enterprise, at which sales are limited to agricultural products and at least one of the
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products is produced on the agricultural enterprise.
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(n) "Petting zoo" means an agritourism activity involving the use of an agricultural
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enterprise as a venue where an individual can interact with farm animals in a
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supervised enclosure, and which may offer animal rides.
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(o) "Rental garden" means an agritourism activity involving the use of an agricultural
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enterprise as a venue where an individual can lease designated plots of land to grow
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plants.
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(2) Each municipality shall enact a new agritourism ordinance, or amend an existing
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agritourism ordinance:
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(a) to include:
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(i) a clear definition of agritourism;
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(ii) a statement of the ordinance's purpose and intent;
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(iii) a comprehensive list identifying agritourism activities that are permitted,
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prohibited, or conditional on an agricultural enterprise; and
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(iv) regulations that apply to each permitted agritourism activity; and
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(b) by:
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(i) revising any existing ordinance governing agritourism activities to comply with
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this section;
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(ii) ensuring that the new or revised agritourism ordinance does not impose stricter
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limitations on existing agricultural enterprises than those imposed by existing
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municipal regulations;
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(iii) allowing an agritourism activity that is already a permitted use to continue under
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the regulations in effect before the agritourism ordinance is amended in
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compliance with this section; and
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(iv) applying new regulations only to agritourism activities that become permitted
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uses after the effective date of the new or amended agritourism ordinance.
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(3) Each list described in Subsection (2)(c) shall:
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(a) designate each of the following agritourism activities as a permitted use on an
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agricultural enterprise of at least one acre:
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(i) an agricultural enterprise tour;
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(ii) an agricultural-themed day camp;
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(iii) an educational class;
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(iv) an event venue rental;
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(v) a greenhouse;
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(vi) a market;
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(vii) a nursery;
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(viii) an on-site produce store;
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(ix) a petting zoo;
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(x) a rental garden;
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(xi) a seasonal amusement, including a haunted house or corn maze; and
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(xii) a you-pick operation, including an orchard or pumpkin patch; and
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(b) classify each of the following agritourism activities as a permitted, prohibited, or
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conditional use:
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(i) an agricultural arts center;
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(ii) agricultural product processing and packaging;
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(iii) a conference or education center;
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(iv) a dude ranch;
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(v) an eating establishment, including a bakery or restaurant;
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(vi) a farmers' market;
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(vii) fee fishing;
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(viii) glamorous camping;
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(ix) a health farm;
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(x) a hunting preserve;
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(xi) a lodging house;
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(xii) a museum;
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(xiii) recreational vehicle camping;
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(xiv) a supervised ride, including a sleigh, wagon, or hayride; and
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(xv) a venue for social activities.
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(4) Nothing in this section prevents a municipality from:
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(a) permitting an agritourism activity described in Subsection (3)(a) on an agricultural
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enterprise of less than one acre;
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(b) establishing requirements for:
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(i) setback, proximity, or operating parameters for an agritourism activity; or
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(ii) minimum or maximum acreage, except that minimum acreage may not be more
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than one acre for an activity described in Subsection (3)(a);
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(c) requiring an owner of an agricultural enterprise engaged in an agritourism activity to
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comply with local zoning and land use regulations, including noise ordinances,
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parking regulations, operating hours, and lighting regulations;
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(d) requiring a special event or temporary use permit for an agritourism activity; or
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(e) requiring an agricultural enterprise engaged in an agritourism activity to comply with
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business licensing, health department permitting, fire safety inspections, or other
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applicable permit or inspection requirements.
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Section 2. Section 17-27a-536 is enacted to read:
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17-27a-536 . Agritourism activities.
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(1) As used in this section:
136
(a) "Agricultural arts center" means an agritourism activity involving the use of an
137
agricultural enterprise as a venue for artistic expression through various art forms,
138
including visual art, literature, music, theater, film, or dance.
139
(b) "Agricultural enterprise" means the same as that term is defined in Section 78B-4-512.
140
(c) "Agritourism" means the same as that term is defined in Section 78B-4-512.
141
(d) "Agritourism activity" means the same as that term is defined in Section 78B-4-512.
142
(e) "Dude ranch" means an agritourism activity involving the use of an agricultural
143
enterprise as a commercial vacation ranch operation that provides activities related to
144
a ranch lifestyle, including camping, horseback riding, or wrangling, and which may
145
offer short-term overnight rental accommodations for guests.
146
(f) "Event venue rental" means an agritourism activity involving the use of an
147
agricultural enterprise as a venue where an individual can rent space to host an event.
148
(g) "Farmers' market" means an agritourism activity involving the use of an agricultural
149
enterprise as a venue where multiple individuals may sell agricultural products.
150
(h) "Glamorous camping" means an agritourism activity involving the use of an
151
agricultural enterprise as a venue where individuals can rent fully furnished tents or
152
cabins on a nightly basis.
153
(i) "Health farm" means an agritourism activity involving the use of an agricultural
154
enterprise as a venue for health and wellness education, exercise programs, or
155
nutritional guidance.
156
(j) "Hunting preserve" means an agritourism activity involving the use of an agricultural
157
enterprise as a venue where an individual or group can pay a fee to hunt, with
158
approval from the appropriate local, state, or federal agencies.
159
(k) "Lodging house" means an agritourism activity involving the use of an agricultural
160
enterprise as a venue that provides short-term overnight rental accommodations in a
161
building where no cooking facilities are provided in individual rooms.
162
(l) "Market" means an agritourism activity involving the use of an agricultural enterprise
163
as a venue where:
164
(i) at least one product from the agricultural enterprise is continuously offered for
165
sale, either in the product's original form or incorporated into another product; and
166
(ii) products sold are limited to those typically sold by a grocer.
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(m) "On-site produce store" means an agritourism activity involving the use of an
168
agricultural enterprise as a shop operated by the owner or manager of the agricultural
169
enterprise, at which sales are limited to agricultural products and at least one of the
170
products is produced on the agricultural enterprise.
171
(n) "Petting zoo" means an agritourism activity involving the use of an agricultural
172
enterprise as a venue where an individual can interact with farm animals in a
173
supervised enclosure, and which may offer animal rides.
174
(o) "Rental garden" means an agritourism activity involving the use of an agricultural
175
enterprise as a venue where an individual can lease designated plots of land to grow
176
plants.
177
(2) Each county shall enact a new agritourism ordinance, or amend an existing agritourism
178
ordinance:
179
(a) to include:
180
(i) a clear definition of agritourism;
181
(ii) a statement of the ordinance's purpose and intent;
182
(iii) a comprehensive list identifying agritourism activities that are permitted,
183
prohibited, or conditional on an agricultural enterprise; and
184
(iv) regulations that apply to each permitted agritourism activity; and
185
(b) by:
186
(i) revising any existing ordinance governing agritourism activities to comply with
187
this section;
188
(ii) ensuring that the new or revised agritourism ordinance does not impose stricter
189
limitations on existing agricultural enterprises than those imposed by existing
190
county regulations;
191
(iii) allowing an agritourism activity that is already a permitted use to continue under
192
the regulations in effect before the agritourism ordinance is amended in
193
compliance with this section; and
194
(iv) applying new regulations only to agritourism activities that become permitted
195
uses after the effective date of the new or amended agritourism ordinance.
196
(3) Each list described in Subsection (2)(c) shall:
197
(a) designate each of the following agritourism activities as a permitted use on an
198
agricultural enterprise of at least one acre:
199
(i) an agricultural enterprise tour;
200
(ii) an agricultural-themed day camp;
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(iii) an educational class;
202
(iv) an event venue rental;
203
(v) a greenhouse;
204
(vi) a market;
205
(vii) a nursery;
206
(viii) an on-site produce store;
207
(ix) a petting zoo;
208
(x) a rental garden;
209
(xi) a seasonal amusement, including a haunted house or corn maze; and
210
(xii) a you-pick operation, including an orchard or pumpkin patch; and
211
(b) classify each of the following agritourism activities as a permitted, prohibited, or
212
conditional use:
213
(i) an agricultural arts center;
214
(ii) agricultural product processing and packaging;
215
(iii) a conference or education center;
216
(iv) a dude ranch;
217
(v) an eating establishment, including a bakery or restaurant;
218
(vi) a farmers' market;
219
(vii) fee fishing;
220
(viii) glamorous camping;
221
(ix) a health farm;
222
(x) a hunting preserve;
223
(xi) a lodging house;
224
(xii) a museum;
225
(xiii) recreational vehicle camping;
226
(xiv) a supervised ride, including a sleigh, wagon, or hayride; and
227
(xv) a venue for social activities.
228
(4) Nothing in this section prevents a county from:
229
(a) permitting an agritourism activity described in Subsection (3)(a) on an agricultural
230
enterprise of less than one acre;
231
(b) establishing requirements for:
232
(i) setback, proximity, or operating parameters for an agritourism activity; or
233
(ii) minimum or maximum acreage, except that minimum acreage may not be more
234
than one acre for an activity described in Subsection (3)(a);
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(c) requiring an owner of an agricultural enterprise engaged in an agritourism activity to
236
comply with local zoning and land use regulations, including noise ordinances,
237
parking regulations, operating hours, and lighting regulations;
238
(d) requiring a special event or temporary use permit for an agritourism activity; or
239
(e) requiring an agricultural enterprise engaged in an agritourism activity to comply with
240
business licensing, health department permitting, fire safety inspections, or other
241
applicable permit or inspection requirements.
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Section 3. Effective Date.
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This bill takes effect on May 7, 2025.
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