For several years now, towns in the Monadnock region and throughout the state have grappled with what activities farms can hold on their grounds. Peterborough saw that issue come to the fore when Four Winds Farm sought to host weddings, farm-to-table dinners and other events as part of its quest for sustainability.
Both branches of the Legislature have recently approved bills that include agritourism in the definition of agriculture. Under the new definitions, agritourism is an accompanying activity – not unlike transporting goods to market or selling products at a farm stand. See Page 14 for public input on this issue.
It’s a step forward for New Hampshire’s farms, which are an important part of our economy and local food supply. In 2012, farms in Cheshire County sold $17 million in agricultural products; in Hillsborough County $22.5 million worth of products were sold, according to the U.S. Department of Agriculture. Based on 2012 census information, the number of New Hampshire farms incorporating agritourism grew between 2007 and 2012, from 88 to 190, with revenues associated with agritourism during the same period jumping from $2.3 million to $3.8 million.
The Senate bill ensures agritourism is permitted wherever agriculture is, but local regulation is not curtailed. In other words, certain activities may be subject to special exception approval, but towns cannot ban agritourism outright or unreasonably limit it.
Currently, agritourism is defined by state law as “attracting visitors to a working farm for the purpose of eating a meal, making overnight stays, enjoyment of the farm environment, education on farm operations, or active involvement in the activity of the farm which is ancillary to the farm operation.” The new bills incorporate this definition of agritourism as part of the definition of agriculture.
But there are still questions to be answered. Forster v. Henniker, for example, involved a Christmas tree farm that wanted to hold weddings. The N.H. Supreme Court ruled against the farm on the grounds that agritourism is not part of the definition of agriculture under the current law.
While the new bills make it clear that agritourism is part of the regular functions of a farm, they don’t specifically address weddings. That will be a matter for local land use boards to take up, unless and until another agritourism case goes to court.
The new legislation strikes the right balance in acknowledging the role agritourism plays for many farms in maintaining long-term sustainability while giving towns the ability to regulate events in our agricultural districts.