Planning staff finalizes agritourism policy to clarify exemptions, event permits and liability

Planning Department staff presented a finalized internal agritourism policy to the Cumberland County Planning Commission that defines agritourism activities, explains when a landowner may claim a state agritourism exemption, and attaches exhibits for applicants to complete.

Staff told commissioners the policy provides the state code definitions and examples of activities that do and do not qualify as agritourism. The policy includes two exhibits that prospective applicants will complete to allow staff to determine whether an event or structure qualifies for the agritourism exemption. Staff said the county attorney and the building official’s office reviewed the policy. Staff also clarified this is an internal policy, not an ordinance, and no action by the board of supervisors was requested at the meeting.

Staff explained that to qualify as agritourism the property must be a bona fide farm — for example, one acre or more used for production, cultivation, growing, harvesting or processing of agricultural products — and the activity must be carried out on that farm. Staff used examples: a corn maze or farm-based activities would be agritourism; renting a second dwelling on a non-farm parcel for overnight stays would not qualify as agritourism and could instead be a short-term rental subject to other codes.

Staff told the commission that, under state code, localities must adopt an agritourism ordinance to extend certain state liability protections to agritourism participants. The department said that with a local policy in place, participants in bona fide agritourism events may assume certain liability risks under state law, but to obtain those state benefits the locality must adopt a local agritourism ordinance; staff described the county’s internal policy as a first-layer clarification and a step toward allowing applicants to use the attached exhibits to document their activities. Staff also explained the county’s festival-permit process: events expected to last more than one day or attract more than 250 people are treated as large festivals and must follow the county’s festival application and public-safety coordination procedures.

Staff said existing agritourism activities already operating before the policy take effect (effective June 30) do not need to reapply; the policy will be applied prospectively. Commissioners and staff discussed that the policy aims to preserve rural character while supporting economic development and that staff will accept exhibit submissions and follow up where activities could cause negative impacts to adjoining properties.