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Senate rejects agritourism authority bill after floor disagreement over local control
Summary
A bill intended to protect agritourism businesses from stricter local regulation failed after senators debated whether the measure improperly expanded state authority over local land use and public‑health rules.
CHARLESTON, W.Va. — The West Virginia Senate on March 29 failed to advance a bill that would have prevented counties and municipalities from adopting ordinances or rules stricter than state law for agritourism activities.
The sponsor, the Senator from Jefferson, framed the bill as a tool to protect farms and grow agritourism — hayrides, pick‑your‑own events and other farm attractions — by ensuring uniform application of state agritourism laws. He told colleagues the measure mirrors language the Senate approved previously in another bill and said neighboring states with larger agritourism industries provide models for growth.
Opponents, including the Senator from the fourth and the Junior Senator from the fifteenth, said the measure encroaches on local control and grants the agriculture commissioner broad authority over what land can be used for agritourism. "This gives the commissioner the ability to overrule any state agency or local government ordinance related to land deemed appropriate for agritourism," the Junior Senator from the fifteenth said.
Other senators asked whether the bill would override fire, building and health codes; the sponsor said it does not exempt agritourism operations from state health and safety law and that the language is similar to previous legislation. The floor recorded a roll call and the presiding officer declared the bill failed.
