Proposed Agritourism Legislation Advances for Washington County, MD

Legislation aimed at expanding agritourism opportunities in Washington County is gaining traction, with two key bills moving through the Maryland General Assembly. House Bill 749 and its companion, Senate Bill 580, seek to ease zoning restrictions on agricultural buildings used for agritourism, while House Bill 559, which would allow portable chemical toilets for agritourism businesses, has passed the House and is now awaiting deliberation in the Senate. Supporters argue these changes would allow farms to diversify their income, attract visitors, and contribute to the county’s rural economy without sacrificing their agricultural character.

Currently, strict zoning regulations in Washington County make it difficult for farms to host agritourism events or use agricultural structures for non-farming activities without being subjected to commercial building codes. House Bill 749 and Senate Bill 580, introduced by the Washington County Delegation and Senators, would bring Washington County in line with other Maryland counties that have already adopted similar measures. If passed, these bills would allow existing agricultural buildings to be used for agritourism without triggering a change-of-occupancy classification that requires a commercial building permit, provided the structures remain in good condition and meet basic safety requirements. Additionally, the bills would increase the allowable occupancy limit for agritourism structures to 200 people, aligning with regulations in other jurisdictions.

House Bill 559, which focuses on sanitation requirements for agritourism businesses, was introduced by Delegate Todd B. Morgan (R-Calvert and St. Mary’s Counties) and recently passed the Maryland House of Delegates and now awaits consideration in the Senate. The bill would allow farms engaged in agritourism, as well as licensed wineries and breweries, to meet restroom requirements with portable chemical toilets instead of permanent restroom facilities. Advocates say that requiring permanent restrooms can be prohibitively expensive for small-scale farm operations, while portable toilets offer a flexible and cost-effective alternative that still meets sanitation standards.

In support of these legislative changes, local farm owner Erin Moshier has launched a Change.org petition urging lawmakers to pass the bills. The petition highlights the economic potential of agritourism and calls for the deregulation of agriculturally themed events, such as bouquet-building workshops, farm-to-table dining experiences, farmer’s markets, and goat yoga. It also advocates for legalizing farm stays, which allow visitors to experience rural life through platforms like HipCamp and Harvest Hosts, bringing tourism dollars to local communities. Another key point in the petition is the request to exempt agricultural structures from commercial building permit requirements when used for agritourism purposes, arguing that these buildings are structurally sound and should not be subject to the same standards as commercial venues.

“Deregulating farm outbuildings will enable farmers to adapt as agriculture evolves,” said Moshier. “Retired poultry houses can serve as a goat yoga studio, an old milk shed can now be a farm store or, for me personally… My historic carriage house can operate as a floral studio. The expense of permits and commercial code requirements greatly hinder or even totally squash our options.”

Supporters point to national trends showing agritourism as a growing sector. According to USDA data, agritourism activities increased by nearly 42% from 2012 to 2017, demonstrating its viability as a sustainable form of tourism. Proponents believe that Washington County has the potential to capitalize on this trend, providing new revenue streams for local farmers while enhancing the region’s reputation as a rural tourism destination. They argue that the current zoning restrictions stifle innovation and prevent farmers from fully utilizing their land for community engagement and economic growth.

If enacted, the proposed legislation would take effect on June 1, 2025. While House Bill 559 moves to the Senate for further debate, House Bill 749 and Senate Bill 580 continue advancing through the legislative process, with supporters urging county officials to embrace the economic opportunities agritourism can provide.

Article by multiple RFHC contributors.

Disclaimer: President and Editor of RFHC, Ken Buckler, contributed to this article. Ken also owns Honeypot Acres Farm, which would potentially benefit from the proposed legislation.

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