PRINTER'S NO. 182
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
216
Session of
2021
INTRODUCED BY POLINCHOCK, CAUSER, COOK, JAMES, MILLARD, ROWE,
SAYLOR, STAATS AND ZIMMERMAN, JANUARY 22, 2021
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JANUARY 22, 2021
AN ACT
Restricting local government from certain regulation of
agritourism.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Restriction
on Local Regulation of Agritourism Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Agricultural land." Land which is used for a normal
agricultural operation.
"Agritourism activity."
(1) A farm-related tourism or farm-related entertainment
activity that takes place on agricultural land and allows
members of the general public, whether or not for a fee, to
tour, explore, observe, learn about, participate in or be
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entertained by an aspect of agricultural production,
harvesting, husbandry or rural lifestyle that occurs on the
farm.
(2) The term shall not include overnight accommodations,
weddings, concerts or provisions for food and beverage
services.
"Limited license." A limited winery license or limited
distillery license issued under the act of April 12, 1951
(P.L.90, No.21), known as the Liquor Code.
"Limited seasonal event." An event that occurs on
agricultural land to coincide with the celebration of a season
of the year or holiday and that highlights a seasonal or holiday
appropriate farm activity or phenomenon of wildlife or nature.
"Local government." A municipality, zoning hearing board or
other board of a municipality.
"Municipality." A county, city, borough, incorporated town
or township.
"Normal agricultural operation." As defined in the act of
June 10, 1982 (P.L.454, No.133), referred to as the Right-to-
Farm Law.
"Retail food facility." As defined in 3 Pa.C.S. ยง 5702
(relating to definitions).
Section 3. Restriction on local regulation.
Notwithstanding any other provision of law to the contrary, a
local government may not prohibit the use of agricultural land
for:
(1) agricultural purposes or for the construction of
buildings or structures incident to the use of the land for
agricultural purposes;
(2) an agritourism activity;
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(3) a limited seasonal event;
(4) an activity that requires a limited license;
(5) a retail food facility;
(6) a wedding; or
(7) musical entertainment that accompanies an activity
under paragraphs (1), (2), (3), (4), (5) or (6) and which is
in compliance with applicable noise and nuisance ordinances.
Section 4. Exception.
The restriction on local government action under section 3
shall not extend to the following:
(1) The size of a structure used primarily for an
activity under section 3.
(2) The size of a parking area required for an activity
under section 3. This paragraph does not include requirements
relating to drainage, parking area base, parking area paving
or any other improvement.
(3) A property line setback for a structure used
primarily for an activity under section 3.
(4) Where necessary to protect public health and safety,
egress and ingress on land used for an activity under section
3.
Section 5. Effective date.
This act shall take effect in 60 days.
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