Rules and Regulations
Before you start your agritourism enterprise, you will need to consider rules and regulations at the local, state, and national levels. Compliance with agritourism regulations ensures the safety of visitors and operators and protects the integrity of your business.
Keep in mind that most laws and regulations regarding agritourism vary by state and even by city or town.
It's crucial to familiarize yourself with the specific guidelines in your region. Each state has its own set of laws that address issues such as zoning, safety, liability, permits, and taxation.
Zoning and Land Use Regulations
Regulations vary significantly across states, regions, and municipalities. According to the American Planning Association (APA):
Most agritourism ordinances limit such enterprises to "authentic" accessory uses that support and promote working farms to avoid the commercial development of tourist or recreational facilities incompatible with rural character that may eventually undermine the viability of agriculture operations. Specific development standards seek to mitigate undue impacts on rural agricultural districts and working farmland. Such standards may address minimum parcel sizes and maximum facility sizes, setbacks, parking, signage, noise, nuisances, and hours of operation.
Events on your property may also have special restrictions due to the potential negative impacts. Environmental considerations should also be made. For instance, watersheds and other natural resources may be subject to specific protection, preventing you from expanding your activities or infrastructure.
For the most accurate and relevant information, you should consult local planning and land use authorities to ensure compliance with all appliance zoning and land use regulations.
Health and Food Service Regulations
Your visitors deserve good (and safe) food! Food distributed or sold at agritourism venues must adhere to local health department rules and regulations regarding storage, preparation, and service. Do you know if your local or state authorities require food safety inspections and certifications? Do you, your employees, and your facility have the certifications required by those authorities?
Staff involved in food preparation and service may need to obtain food handler certifications, as mandated by state or local regulations. Keep in mind that special event permits may be necessary for certain agritourism activities. These regulations are intended to not only keep your visitors safe, but also to keep you and your business safe from bad publicity and unfortunate incidents.
Labor and Employment
Agritourism businesses are often subject to the same labor regulations you might encounter with a business on Main Street. For example, seasonal employees might be entitled to some of the same benefits as are year-round employees. Temporary employees are generally entitled to minimum wage and overtime pay as mandated by federal and state laws. However, requirements for things such as breaks can differ for temporary staff. Consult your state's labor department for specific regulations, as these vary by jurisdiction.
As an employer, you may also need to accommodate any employees with disabilities. Learn more about Title I of the American Disabilities Act (ADA) here.
For more information, visit this summary of the major laws from the US Department of Labor.
Many states offer limited liability protection for agritourism operators States implement various measures to protect farms from undue harm. One of the most common measures, known as limited liability statutes, attempt to shield your farm, your employees, and your assets from liability for unfortunate events that take place while visitors are present. Click here to review the relevant statues in your state to understand their implications for your business.
A note on insurance: Insurance is a critical component of any agritourism operation, providing essential protection against potential liabilities and unforeseen events. To learn more about different kinds of insurance and what you might need for your business, visit the Safety, Liability, and Risk Management page.
Complying with the Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) requires equal access for individuals with disabilities in areas accessible to the public. This includes farms
offering agritourism. According to the ADA, if an event is open to the public, you are required to make accommodations for individuals with disabilities. The types of accommodations you offer can vary and may differ according to where on your farm the activity or event is taking place. However, no public event is exempt from meeting the requirements of the ADA. It is important to develop a plan for how you will accommodate guests with disabilities for each event or activity in advance, should the need arise.
For instance, if you host an activity in a historic barn and a guest with a disability purchases a ticket, how would you accommodate this guest? If the barn’s entrance does not meet modern accessibility standards, you are not required to make costly modifications or alter the historic character of the structure. However, you may still be required to provide reasonable accommodations. For a better understanding of these obligations, consult an attorney with expertise in the ADA or call the ADA information line. You can also find more information by visiting this link.
Note: If you don’t allow pets on your property, you should consider how requirements of the ADA might impact you. Check out this fact sheet on the ADA and service animals. If you offer overnight stays, you may also have specific requirements - review them here.
As you plan activities and events, be considerate and hospitable. By prioritizing accessibility, farms can create inclusive environments that welcome all visitors and allow everyone to experience the magic of agritourism.
Information courtesy of the US Department of Justice, Ohio Agribility, Northwest ADA Center.
Photo courtesy of Sugar Water Manor, MD, and Greenfield Highland Beef, VT
