Many states have passed agritourism laws that can create a positive defense against lawsuits brought by aggrieved customers. In general, these laws protect against the «inherent risks» associated with running an agritourism operation, such as the condition of the property and the building. Many have an exception that prohibits their use if the operator is negligent or severely negligent in the management of the agritourism business. It is important to read state law carefully, as many require certain steps before an agritourism operator can use the law to defend themselves. Many states require agritourism operators to set up warning signs with specific language included in the law. Failure to comply with the Agritourism Act may limit its usefulness as a defence. Persons who enter the site with the permission of the owner or operator are invited. Guests provide an economic benefit to the landowner or operator and are subject to the highest duty of care. The landowner must warn guests of possible dangers and keep the premises relatively safe for themselves. The term «guest» not only includes paying customers in the agritourism sector, but may also include employees occupying the event. This increased standard for guests requires the creation of a risk management plan to resolve issues before they become a problem. As noted above, the area protection of G.S.

160D-903(a) also applies to «a building or structure used for agritourism». The term «agritourism» is defined as «any activity carried out on a farm or ranch that allows members of the general public to see or enjoy rural activities for recreational, entertainment or educational purposes, including agriculture, animal husbandry, historical, cultural, clean harvesting, hunting, fishing, horseback riding or natural activities and attractions». The law explicitly includes as buildings for agritourism those used for «weddings, receptions, meetings, demonstrations of agricultural activities, meals and other events that take place on the farm because of its agricultural or rural environment». (3) The acts or omissions of the agritourism provider constitute criminal conduct and cause harm to the participant. One would think that since agricultural assets used for agritourism tend to be protected from the application of zoning regulations, they would even be protected as their own use. However, if we take a close look at the legal language, it seems that agritourism may need another form of agriculture on property to maintain its protected status. Animals used exclusively for agricultural purposes are exempt from the regulation of the Animal Welfare Act (AWA). However, the AWA applies when animals are exposed, even if they are farm animals. According to the Animal and Plant Health Inspection Service (APHIS), the USDA agency that manages the AWA, animal exhibits include pet zoos, roadside zoos, trained animal exhibits, and educational exhibits. An agritourism operator using animals for exhibition purposes should be aware of the possible application of the AWA.

For more information on animal welfare, please visit the Animal Welfare Reading Room. Some agritourism activities should fall directly under this definition if they take place on a gullible farm, such as corn mazes, equestrian demonstrations and nature walks; These activities allow the public to enjoy «rural activities» and take place on a farm because of its agricultural or rural environment. There are other, less obvious uses that are explicitly included, such as the old stable now used for weddings and corporate events. But what about situations that aren`t so clear, like campsites, rodeos, or even tractor trains? Even with the added clarity created by the legislative amendments and the Jeffries case, whether a particular use can be considered «agritourism» – and therefore whether it can circumvent zoning by-laws – will depend heavily on the facts of each individual situation: Does the activity take place on a farm? Is it listed under or as one of the uses of «agritourism» in legislation? Does it have to be on a farm or in a rural area? Does it carry the same risks as for agricultural activities? To what extent does the natural environment need to be modified? All of these factors will help determine whether a particular use should be considered an agritourism activity. Planning practitioners should consider these factors when assessing potential uses of agritourism and use their best judgment, at least until the courts reconsider the issue. The laws do not give us any other clues, but the North Carolina Court of Appeals provided some additional clues through its decision in Jeffries et al v. Harnett County, 259 N.C. App.

473, 817 P.E.2d 36 (2018), cert denied 826 P.E.2d 710 (2019). In this case, the court analyzed what factors could make it more or less likely that shooting-related uses such as a shooting range, sports sand or game reserve would be considered agrotourism. Due diligence with respect to a person who is on a landowner`s property traditionally depends on whether the participant is classified as an intruder, licensee or guest. The classification of guests is the most relevant for agritourism operators, although one of the other two categories may apply in certain circumstances. Some rural properties are not for agricultural use, but offer agrotourism services. Imagine, if you will, a barn. When the land on which it is located was used to raise grain and animals, this barn was an important part of the gullible agricultural use of the property. Now the property is not used as a farm, but the barn is rented for special occasions. All of the estate`s «agricultural» income comes from agrotourism. Is he still eligible for the zone exemption? As soon as a building or structure loses agritourism or bona fide protection of agricultural zoning, must the use be made immediately in accordance with the zoning by-law and must a structure be modified immediately to comply with zoning by-laws? Not necessarily. Once the zoning ordinance comes into effect, it`s highly likely that the jurisdiction`s rules on nonconformities will apply (for more information on nonconformities, see this blog post by David Owens). In most cases, non-compliant uses established by law (e.g., bona fide agricultural uses and related agritourism uses) may persist until they change to another non-compliant use or expand the non-compliant use of the property.

Therefore, as long as the use of the land was legally an agrotourism use on an active farm, it is likely that it will be allowed to continue it under certain conditions. N.e. General Law 160D-903(a) prevents zoning orders in the extraterritorial jurisdiction of counties and municipalities from interfering with «property used for bona fide agricultural purposes.» This law also blocks the application of zoning rules in the same areas to buildings or structures used for «agritourism». But what is agritourism and what uses does it include? Halloween hay walks? Camping? Shooting ranges? This blog provides an overview of the factors that can be used to assess whether a use should be considered «agritourism». (C) An agritourism provider is not immune from civil liability for damage suffered by a participant if one of the following conditions applies: When assessing a potential use of agritourism, consider the following: «Participant» means any person who is not an agritourism professional and who carries out an agritourism activity. Responsibility is an important concern for farmers, ranchers and others who run agritourism businesses. Simply put, a landowner who makes their land available to the public risks being held liable if a participant is injured while using the property. 4. The agritourism service provider shall not affix or maintain the signs required by Section D of this Section. G. 160D-903 (a) exempts the use of agritourism from interference by the county or foreigners «if the building or structure is located on land (i) owned by a person who holds a qualified VAT exemption certificate from the Ministry of Finance in accordance with G.S. 105-164.13E (a) or (ii) is registered in the present value program in accordance with G.S.

105-277.3.» This wording suggests that if there is no VAT exemption for the property and it is not included in the current use assessment program (for property tax purposes), agritourism protection does not apply. In addition, the definition of «agriculture» in G.S. 106-581.1, referred to in G.S. 160D-903(a), describes agritourism as an «activity related» to agriculture or farming (emphasis added). This formulation also suggests that there must be an agricultural use for which the use of agrotourism is an event, otherwise it could not be considered agrotourism. (6) `risk inherent in an agritourism activity` means a hazard or condition that is an integral part of an agritourism activity, including all of the following: Whatever the precise definition or terminology, any definition of agritourism should include the following four factors: (f) the possibility that a participant acts negligently, in particular by not following the instructions of the agritourism provider or by participating in the Implementation of the the agritourism activity that may contribute to a violation of that participant or another participant.