SPONSOR:

Rep. Longhurst

HOUSE OF REPRESENTATIVES

144th GENERAL ASSEMBLY

HOUSE AMENDMENT NO. 1

TO

HOUSE BILL NO. 453

AMEND House Bill No. 453 by striking lines 1 through 47 in their entirety and substituting in lieu thereof the following:

“Section 1. Amend §902, Title 3 of the Delaware Code by re-designating existing numbered sections (5) through (18) as sections “(6)” through “(19)” respectively and by inserting a new numbered section “(5)” thereto as follows:

“(5) “Agritourism activity” means any activity occurring on a farm of 10 or more acres that allows members of the general public for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, ranching, wineries, historical, cultural or harvest-your-own activities, guided or self-guided tours, bed and breakfast accommodations or temporary outdoor recreation activities and attractions. “Agritourism activity” includes, but is not limited to, planting, cultivation, irrigation, or harvesting of crops; acceptable practices of animal husbandry; barn parties or farm festivals; livestock activities; hunting; fishing; swimming; boating; temporary camping; picnicking; hiking; diving; water skiing or tubing; paintball; and non-motorized freestyle, mountain or off-road bicycling. An activity is an agritourism activity whether or not the participant paid to participate in the activity.”

Section 2. Amend §909(a)(5), Title 3 of the Delaware Code at paragraph “b.” by inserting a period “.” after the word “allowed” and deleting the balance of the sentence.

Section 3. Amend §909(a)(5), Title 3 of the Delaware Code by adding a new paragraph “k.” thereto as follows:

“k. any agritourism activities.”

Section 4. Amend §2601(b), Title 9 of the Delaware Code by adding a new subsection “(6)” thereto as follows:

“(6)” The land, building or structure is used for an agritourism activity, as defined in §902 of Title 3 of this Code, and such land, building or structure complies with the following provisions:

a. All buildings, structures and associated canopies shall comply with the building height setback requirements established by the local jurisdiction within its zoning ordinances. The construction of buildings or structures to be used by the participants of any agritourism activity shall conform to applicable building codes and building permit requirements enacted by the local jurisdiction;

b. If a new vehicular entrance is necessary to support an agritourism activity, an entrance permit shall be obtained from the Delaware Department of Transportation prior to the start of construction; and

c. Any signage shall comply with signage provisions and permitting requirements established by the local jurisdiction, as well as any applicable signage regulations adopted by the Department of Transportation.”

Section 5. Amend §4901(b), Title 9 of the Delaware Code by adding a new subsection “(6)” thereto as follows:

“(6)” The land, building or structure is used for an agritourism activity, as defined in §902 of Title 3 of this Code, and such land, building or structure complies with the following provisions:

a. All buildings, structures and associated canopies shall comply with the building height setback requirements established by the local jurisdiction within its zoning ordinances. The construction of buildings or structures to be used by the participants of any agritourism activity shall conform to applicable building codes and building permit requirements enacted by the local jurisdiction;

b. If a new vehicular entrance is necessary to support an agritourism activity, an entrance permit shall be obtained from the Delaware Department of Transportation prior to the start of construction; and

c. Any signage shall comply with signage provisions and permitting requirements established by the local jurisdiction, as well as any applicable signage regulations adopted by the Department of Transportation.”

Section 6. Amend §6902(b), Title 9 of the Delaware Code by adding a new subsection “(6)” thereto as follows:

“(6)” The land, building or structure is used for an agritourism activity, as defined in §902 of Title 3 of this Code, and such land, building or structure complies with the following provisions:

a. All buildings, structures and associated canopies shall comply with the building height setback requirements established by the local jurisdiction within its zoning ordinances. The construction of buildings or structures to be used by the participants of any agritourism activity shall conform to applicable building codes and building permit requirements enacted by the local jurisdiction;

b. If a new vehicular entrance is necessary to support an agritourism activity, an entrance permit shall be obtained from the Delaware Department of Transportation prior to the start of construction; and

c. Any signage shall comply with signage provisions and permitting requirements established by the local jurisdiction, as well as any applicable signage regulations adopted by the Department of Transportation.”

SYNOPSIS

The intent of House Bill No. 453 is to promote agritourism in this State. This amendment, which in essence becomes the bill, maintains the intent of the original bill while assuring that buildings used for agritourism comply with applicable county or municipal building codes and permit requirements and DelDot requirements concerning ingress, egress and signage. The amendment also eliminates the requirement that the Department of Agriculture promulgate uniform, statewide regulations for the operation of farm markets and roadside stands, which eliminates the fiscal note.