CHAPTER 409

FORMERLY

HOUSE BILL NO. 453

AS AMENDED BY

HOUSE AMENDMENT NO. 2 AS AMENDED BY HOUSE AMENDMENT NO. 2 TO HOUSE AMENDMENT NO. 2

AN ACT TO AMEND TITLES 3 AND 9 OF THE DELAWARE CODE RELATING TO AGRITOURISM.

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

Section 1. Amend Title 9 of the Delaware Code by inserting a new §306 thereto as follows:

Ҥ306. Agritourism activities on farms.

(a) ‘Agritourism activity’ means any activity that allows members of the general public 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. ‘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, not to include rodeos; hunting; fishing; swimming; boating, canoeing or kayaking; 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.

(b) Agritourism activities may be allowed statewide on farms of 10 or more acres subject to the provisions of this Title adopted for each county; provided, however, that except for the ‘related uses’ specified in §909 of Title 3 of this Code, no agritourism activities shall be permitted on farmlands which are subject to the Agricultural Lands Preservation and Forestland Preservation programs established in Chapter 9 of Title 3 of this Code.

Section 2. 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, 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 3. Amend §4901(a), Title 9 of the Delaware Code by adding a new sentence at the end thereof as follows:

“Any real property proposed to be used for an agritourism activity as defined in this Title shall be given an expedited review before the Levy Court.”

Section 4. Amend §6902(a), Title 9 of the Delaware Code by adding a new sentence as follows:

“Any real property proposed to be used for an agritourism activity as defined in this Title shall be given an expedited review before the County Council.”

Approved July 21, 2008