As Introduced

130th General Assembly
Regular Session
2013-2014
S. B. No. 334


Senators Jones, Peterson 

Cosponsors: Senators Hite, Beagle, Gardner, Manning, Cafaro, Gentile 

A BILL
To amend sections 303.21, 519.21, 1711.57, and 1
5713.30 and to enact section 901.80 of the Revised 2
Code to limit the authority of a board of county 3
commissioners or board of township trustees to 4
prohibit agritourism through zoning, to apply 5
current agricultural use valuation to land used 6
for agritourism for property tax purposes, to 7
establish immunity in a civil action for 8
agritourism providers, and to authorize the 9
Director of Agriculture to adopt rules regarding 10
amusement rides at agritourism locations.11


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 303.21, 519.21, 1711.57, and 5713.30 12
be amended and section 901.80 of the Revised Code be enacted to 13
read as follows:14

       Sec. 303.21.  (A) Except as otherwise provided in division 15
(B) of this section, sections 303.01 to 303.25 of the Revised Code 16
do not confer any power on any county rural zoning commission, 17
board of county commissioners, or board of zoning appeals to 18
prohibit the use of any land for agricultural purposes or the 19
construction or use of buildings or structures incident to the use 20
for agricultural purposes of the land on which such buildings or 21
structures are located, and no zoning certificate shall be 22
required for any such building or structure.23

       (B) A county zoning resolution, or an amendment to such 24
resolution, may in any platted subdivision approved under section 25
711.05, 711.09, or 711.10 of the Revised Code, or in any area 26
consisting of fifteen or more lots approved under section 711.131 27
of the Revised Code that are contiguous to one another, or some of 28
which are contiguous to one another and adjacent to one side of a 29
dedicated public road, and the balance of which are contiguous to 30
one another and adjacent to the opposite side of the same 31
dedicated public road regulate:32

       (1) Agriculture on lots of one acre or less;33

       (2) Buildings or structures incident to the use of land for 34
agricultural purposes on lots greater than one acre but not 35
greater than five acres by: set back building lines; height; and 36
size;37

       (3) Dairying and animal and poultry husbandry on lots greater 38
than one acre but not greater than five acres when at least 39
thirty-five per cent of the lots in the subdivision are developed 40
with at least one building, structure, or improvement that is 41
subject to real property taxation or that is subject to the tax on 42
manufactured and mobile homes under section 4503.06 of the Revised 43
Code. After thirty-five per cent of the lots are so developed, 44
dairying and animal and poultry husbandry shall be considered 45
nonconforming use of land and buildings or structures pursuant to 46
section 303.19 of the Revised Code.47

       Division (B) of this section confers no power on any county 48
rural zoning commission, board of county commissioners, or board 49
of zoning appeals to regulate agriculture, buildings or 50
structures, and dairying and animal and poultry husbandry on lots 51
greater than five acres.52

       (C) Such sections confer no power on any board of county 53
commissioners, county rural zoning commission, or board of zoning 54
appeals to prohibit in a district zoned for agricultural, 55
industrial, residential, or commercial uses, the use of any land 56
for:57

       (1) A farm market where fifty per cent or more of the gross 58
income received from the market is derived from produce raised on 59
farms owned or operated by the market operator in a normal crop 60
year. However, a board of county commissioners, as provided in 61
section 303.02 of the Revised Code, may regulate such factors 62
pertaining to farm markets as size of the structure, size of 63
parking areas that may be required, set back building lines, and 64
egress or ingress, where such regulation is necessary to protect 65
the public health and safety.66

       (2) Biodiesel production, biomass energy production, or 67
electric or heat energy production if the land on which the 68
production facility is located qualifies as land devoted 69
exclusively to agricultural use under sections 5713.30 to 5713.37 70
of the Revised Code for real property tax purposes. As used in 71
division (C)(2) of this section, "biodiesel," "biomass energy," 72
and "electric or heat energy" have the same meanings as in section 73
5713.30 of the Revised Code.74

       (3) Biologically derived methane gas production if the land 75
on which the production facility is located qualifies as land 76
devoted exclusively to agricultural use under sections 5713.30 to 77
5713.37 of the Revised Code for real property tax purposes and if 78
the facility that produces the biologically derived methane gas 79
does not produce more than seventeen million sixty thousand seven 80
hundred ten British thermal units, five megawatts, or both.81

        As used in division (C)(3) of this section, "biologically 82
derived methane gas" has the same meaning as in section 5713.30 of 83
the Revised Code.84

       (4) Agritourism. As used in division (C)(4) of this section, 85
"agritourism" has the same meaning as in section 901.80 of the 86
Revised Code.87

       Sec. 519.21.  (A) Except as otherwise provided in division 88
(B) of this section, sections 519.02 to 519.25 of the Revised Code 89
confer no power on any township zoning commission, board of 90
township trustees, or board of zoning appeals to prohibit the use 91
of any land for agricultural purposes or the construction or use 92
of buildings or structures incident to the use for agricultural 93
purposes of the land on which such buildings or structures are 94
located, including buildings or structures that are used primarily 95
for vinting and selling wine and that are located on land any part 96
of which is used for viticulture, and no zoning certificate shall 97
be required for any such building or structure.98

       (B) A township zoning resolution, or an amendment to such 99
resolution, may in any platted subdivision approved under section 100
711.05, 711.09, or 711.10 of the Revised Code, or in any area 101
consisting of fifteen or more lots approved under section 711.131 102
of the Revised Code that are contiguous to one another, or some of 103
which are contiguous to one another and adjacent to one side of a 104
dedicated public road, and the balance of which are contiguous to 105
one another and adjacent to the opposite side of the same 106
dedicated public road regulate:107

       (1) Agriculture on lots of one acre or less;108

       (2) Buildings or structures incident to the use of land for 109
agricultural purposes on lots greater than one acre but not 110
greater than five acres by: set back building lines; height; and 111
size;112

       (3) Dairying and animal and poultry husbandry on lots greater 113
than one acre but not greater than five acres when at least 114
thirty-five per cent of the lots in the subdivision are developed 115
with at least one building, structure, or improvement that is 116
subject to real property taxation or that is subject to the tax on 117
manufactured and mobile homes under section 4503.06 of the Revised 118
Code. After thirty-five per cent of the lots are so developed, 119
dairying and animal and poultry husbandry shall be considered 120
nonconforming use of land and buildings or structures pursuant to 121
section 519.19 of the Revised Code.122

       Division (B) of this section confers no power on any township 123
zoning commission, board of township trustees, or board of zoning 124
appeals to regulate agriculture, buildings or structures, and 125
dairying and animal and poultry husbandry on lots greater than 126
five acres.127

       (C) Such sections confer no power on any township zoning 128
commission, board of township trustees, or board of zoning appeals 129
to prohibit in a district zoned for agricultural, industrial, 130
residential, or commercial uses, the use of any land for:131

       (1) A farm market where fifty per cent or more of the gross 132
income received from the market is derived from produce raised on 133
farms owned or operated by the market operator in a normal crop 134
year. However, a board of township trustees, as provided in 135
section 519.02 of the Revised Code, may regulate such factors 136
pertaining to farm markets as size of the structure, size of 137
parking areas that may be required, set back building lines, and 138
egress or ingress, where such regulation is necessary to protect 139
the public health and safety.140

       (2) Biodiesel production, biomass energy production, or 141
electric or heat energy production if the land on which the 142
production facility is located qualifies as land devoted 143
exclusively to agricultural use under sections 5713.30 to 5713.37 144
of the Revised Code for real property tax purposes. As used in 145
division (C)(2) of this section, "biodiesel," "biomass energy," 146
and "electric or heat energy" have the same meanings as in section 147
5713.30 of the Revised Code.148

       (3) Biologically derived methane gas production if the land 149
on which the production facility is located qualifies as land 150
devoted exclusively to agricultural use under sections 5713.30 to 151
5713.37 of the Revised Code for real property tax purposes and if 152
the facility that produces the biologically derived methane gas 153
does not produce more than seventeen million sixty thousand seven 154
hundred ten British thermal units, five megawatts, or both.155

       As used in division (C)(3) of this section, "biologically 156
derived methane gas" has the same meaning as in section 5713.30 of 157
the Revised Code.158

       (4) Agritourism. As used in division (C)(4) of this section, 159
"agritourism" has the same meaning as in section 901.80 of the 160
Revised Code.161

       Sec. 901.80.  (A) As used in this section:162

       (1) "Agritourism" means an educational, entertainment, or 163
recreational activity that takes place on a working farm or 164
agricultural or horticultural operation and that allows or invites 165
members of the general public to observe, participate in, or enjoy 166
that activity. "Agritourism" includes historic and cultural 167
agriculture activities, self-pick farms, or farmer's markets when 168
they are conducted in conjunction with farm operations.169

       (2) "Agritourism provider" means a person who owns, operates, 170
provides, or sponsors an agritourism activity or an employee of 171
such a person who engages in or provides agritourism activities 172
whether or not for a fee.173

       (3) "Participant" means an individual, other than an 174
agritourism provider, who observes or participates in an 175
agritourism activity.176

       (4) "Risk inherent in an agritourism activity" means a danger 177
or condition that is an integral part of an agritourism activity, 178
including all of the following:179

       (a) The surface and subsurface conditions of land;180

       (b) The behavior of wild or domestic animals;181

       (c) The ordinary dangers associated with structures or 182
equipment ordinarily used in farming or ranching operations;183

       (d) The possibility of contracting illness resulting from 184
physical contact with animals, animal feed, animal waste, or 185
surfaces contaminated by animal waste;186

       (e) The possibility that a participant may act in a negligent 187
manner, including by failing to follow instructions given by the 188
agritourism provider or by failing to exercise reasonable caution 189
while engaging in the agritourism activity that may contribute to 190
injury to that participant or another participant.191

       (B) In a civil action, an agritourism provider is immune from 192
liability for any harm a participant sustains during an 193
agritourism activity if the participant is harmed as a result of a 194
risk inherent in an agritourism activity.195

       (C) An agritourism provider is not immune from civil 196
liability for harm sustained by a participant if either of the 197
following applies:198

       (1) The agritourism provider acts with a willful or wanton 199
disregard for the safety of the participant and proximately causes 200
harm to the participant.201

       (2) The agritourism provider purposefully causes harm to the 202
participant. 203

       (D) The director of agriculture may adopt rules in accordance 204
with Chapter 119. of the Revised Code establishing standards for 205
amusement rides at agritourism locations that are consistent with 206
standards adopted by the American camp association.207

       Sec. 1711.57.  Sections 1711.50 to 1711.571711.56 of the 208
Revised Code do not apply to any of the following:209

       (A) A private facility;210

       (B) A single-passenger coin-operated ride that is manually, 211
mechanically, or electrically operated, is customarily placed 212
either singly or in groups in a public location, and does not 213
normally require the supervision or services of an amusement ride 214
operator;215

       (C) Nonmechanized playground equipment, including swings, 216
stationary spring-mounted animal features, rider-propelled 217
merry-go-rounds, climbers, slides, rock climbing walls, 218
trampolines, and swinging gates, except where an admission fee is 219
charged for usage or an admission fee is charged to areas where 220
such equipment is located;221

       (D) Devices regulated or licensed by the federal aviation 222
administration or the federal railroad administration in the 223
United States department of transportation, the department of 224
transportation, or the bureau of motor vehicles in the department 225
of public safety;226

       (E) Vessels regulated by the department of natural resources 227
under Chapters 1547. and 1548. of the Revised Code or under the 228
jurisdiction of the United States coast guard;229

       (F) Tractors, trucks, or similar vehicles at competition 230
events;231

       (G) Automobiles or motorcycles at competition events;232

        (H) Animals ridden in competitive events or shows;233

        (I) Physical fitness devices;234

        (J) Devices to which the definition of "safe operation" in 235
section 1711.50 of the Revised Code does not apply as determined 236
by the director of agriculture, including mechanized bulls, 237
surfboards, zip lines, vertical wind tunnels, skateboard or 238
bicycle rodeo devices, cable wakeboard or ski facilities, or other 239
devices that are not intended or manufactured to secure the rider 240
from threat of physical danger, harm, or loss;241

       (K) Amusement rides that are subject to rules adopted under 242
division (D) of section 901.80 of the Revised Code.243

       Sec. 5713.30.  As used in sections 5713.31 to 5713.37 and 244
5715.01 of the Revised Code: 245

       (A) "Land devoted exclusively to agricultural use" means: 246

       (1) Tracts, lots, or parcels of land totaling not less than 247
ten acres to which, during the three calendar years prior to the 248
year in which application is filed under section 5713.31 of the 249
Revised Code, and through the last day of May of such year, one or 250
more of the following apply:251

       (a) The tracts, lots, or parcels of land were devoted 252
exclusively to commercial animal or poultry husbandry, 253
aquaculture, algaculture meaning the farming of algae, apiculture, 254
the production for a commercial purpose of timber, field crops, 255
tobacco, fruits, vegetables, nursery stock, ornamental trees, sod, 256
or flowers, or the growth of timber for a noncommercial purpose, 257
if the land on which the timber is grown is contiguous to or part 258
of a parcel of land under common ownership that is otherwise 259
devoted exclusively to agricultural use.260

        (b) The tracts, lots, or parcels of land were devoted 261
exclusively to biodiesel production, biomass energy production, 262
electric or heat energy production, or biologically derived 263
methane gas production if the land on which the production 264
facility is located is contiguous to or part of a parcel of land 265
under common ownership that is otherwise devoted exclusively to 266
agricultural use, provided that at least fifty per cent of the 267
feedstock used in the production was derived from parcels of land 268
under common ownership or leasehold.269

        (c) The tracts, lots, or parcels of land were devoted to and 270
qualified for payments or other compensation under a land 271
retirement or conservation program under an agreement with an 272
agency of the federal government. 273

       (d) The tracts, lots, or parcels of land were devoted 274
exclusively to agritourism if the land on which the agritourism is 275
located is contiguous to or part of a parcel of land under common 276
ownership that is otherwise devoted exclusively to agricultural 277
use.278

       (2) Tracts, lots, or parcels of land totaling less than ten 279
acres that, during the three calendar years prior to the year in 280
which application is filed under section 5713.31 of the Revised 281
Code and through the last day of May of such year, were devoted 282
exclusively to agritourism, commercial animal or poultry 283
husbandry, aquaculture, algaculture meaning the farming of algae, 284
apiculture, the production for a commercial purpose of field 285
crops, tobacco, fruits, vegetables, timber, nursery stock, 286
ornamental trees, sod, or flowers where such activities produced 287
an average yearly gross income of at least twenty-five hundred 288
dollars during such three-year period or where there is evidence 289
of an anticipated gross income of such amount from such activities 290
during the tax year in which application is made, or were devoted 291
to and qualified for payments or other compensation under a land 292
retirement or conservation program under an agreement with an 293
agency of the federal government; 294

       (3) A tract, lot, or parcel of land taxed under sections 295
5713.22 to 5713.26 of the Revised Code is not land devoted 296
exclusively to agricultural use;.297

       (4) Tracts, lots, or parcels of land, or portions thereof 298
that, during the previous three consecutive calendar years have 299
been designated as land devoted exclusively to agricultural use, 300
but such land has been lying idle or fallow for up to one year and 301
no action has occurred to such land that is either inconsistent 302
with the return of it to agricultural production or converts the 303
land devoted exclusively to agricultural use as defined in this 304
section. Such land shall remain designated as land devoted 305
exclusively to agricultural use provided that beyond one year, but 306
less than three years, the landowner proves good cause as 307
determined by the board of revision. 308

       "Land devoted exclusively to agricultural use" includes 309
tracts, lots, or parcels of land or portions thereof that are used 310
for conservation practices, provided that the tracts, lots, or 311
parcels of land or portions thereof comprise twenty-five per cent 312
or less of the total of the tracts, lots, or parcels of land that 313
satisfy the criteria established in division (A)(1), (2), or (4) 314
of this section together with the tracts, lots, or parcels of land 315
or portions thereof that are used for conservation practices. 316

       (B) "Conversion of land devoted exclusively to agricultural 317
use" means any of the following: 318

       (1) The failure of the owner of land devoted exclusively to 319
agricultural use during the next preceding calendar year to file a 320
renewal application under section 5713.31 of the Revised Code 321
without good cause as determined by the board of revision; 322

       (2) The failure of the new owner of such land to file an 323
initial application under that section without good cause as 324
determined by the board of revision; 325

       (3) The failure of such land or portion thereof to qualify as 326
land devoted exclusively to agricultural use for the current 327
calendar year as requested by an application filed under such 328
section; 329

       (4) The failure of the owner of the land described in 330
division (A)(4) of this section to act on such land in a manner 331
that is consistent with the return of the land to agricultural 332
production after three years. 333

       The construction or installation of an energy facility, as 334
defined in section 5727.01 of the Revised Code, on a portion of a 335
tract, lot, or parcel of land devoted exclusively to agricultural 336
use shall not cause the remaining portion of the tract, lot, or 337
parcel to be regarded as a conversion of land devoted exclusively 338
to agricultural use if the remaining portion of the tract, lot, or 339
parcel continues to be devoted exclusively to agricultural use. 340

       (C) "Tax savings" means the difference between the dollar 341
amount of real property taxes levied in any year on land valued 342
and assessed in accordance with its current agricultural use value 343
and the dollar amount of real property taxes that would have been 344
levied upon such land if it had been valued and assessed for such 345
year in accordance with Section 2 of Article XII, Ohio 346
Constitution. 347

       (D) "Owner" includes, but is not limited to, any person 348
owning a fee simple, fee tail, or life estate or a buyer on a land 349
installment contract. 350

       (E) "Conservation practices" are practices used to abate soil 351
erosion as required in the management of the farming operation, 352
and include, but are not limited to, the installation, 353
construction, development, planting, or use of grass waterways, 354
terraces, diversions, filter strips, field borders, windbreaks, 355
riparian buffers, wetlands, ponds, and cover crops for that 356
purpose. 357

        (F) "Wetlands" has the same meaning as in section 6111.02 of 358
the Revised Code.359

       (G) "Biodiesel" means a mono-alkyl ester combustible liquid 360
fuel that is derived from vegetable oils or animal fats or any 361
combination of those reagents and that meets the American society 362
for testing and materials specification D6751-03a for biodiesel 363
fuel (B100) blend stock distillate fuels.364

       (H) "Biologically derived methane gas" means gas from the 365
anaerobic digestion of organic materials, including animal waste 366
and agricultural crops and residues.367

        (I) "Biomass energy" means energy that is produced from 368
organic material derived from plants or animals and available on a 369
renewable basis, including, but not limited to, agricultural 370
crops, tree crops, crop by-products, and residues.371

        (J) "Electric or heat energy" means electric or heat energy 372
generated from manure, cornstalks, soybean waste, or other 373
agricultural feedstocks.374

       (K) "Agritourism" has the same meaning as in section 901.80 375
of the Revised Code.376

       Section 2.  That existing sections 303.21, 519.21, 1711.57, 377
and 5713.30 of the Revised Code are hereby repealed.378