Committee clears bill to exempt single-farm roadside markets from local permitting rules
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The committee passed House Bill 50 97 after adopting an amendment clarifying the exemption applies to a farmer’s owned or leased property and stating local governments are not liable for occurrences arising from the exemption.
The House Agriculture committee voted to advance House Bill 50 97, which creates an exemption for single-farm roadside markets from certain local permitting, stormwater and building-code requirements.
Representative Hadden, sponsor of the bill, told the committee the measure applies to a single farmer selling produce and other products on land they own or lease — it is not intended for multi-vendor farmers markets. He said municipalities and counties worked with the committee during drafting and supported the changes.
During questions a member asked whether the bill sets specific setbacks from roadways; Hadden answered there are no statutory setbacks outside of existing right-of-way rules and emphasized that farmers assume liability for their operations. The adopted amendment clarifies the exemption applies only on a farmer’s leased or owned farm property that the farmer controls, adds language that local governments cannot be held liable for occurrences arising from the exemption, and removes a redundant preemption clause at municipal request.
The committee adopted the amendment on a roll call and then passed the bill as amended. Representative Burns thanked county and municipal associations for their work and said the changes remove onerous requirements — such as paved parking and sprinkler systems — that would have been burdensome to small farmers.
The bill was reported out of committee to the House floor for further consideration.
