SB 916
Recognizing authority of Agriculture Commissioner to intervene in matters that negatively affect agritourism
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill aims to give the West Virginia Department of Agriculture more authority over agritourism activities. Currently, regulations from various state and local agencies can sometimes conflict with or hinder agritourism operations. The bill allows the Department of Agriculture to step in and preempt certain zoning laws, rules, and policies, as long as those activities comply with the National Fire Protection Association's Life Safety Code. This change is intended to support agricultural production and provide clearer guidelines for agritourism businesses.
Key provisions
- Grants the Department of Agriculture authority to preempt local zoning and regulations related to agritourism.
- Allows the Department of Agriculture to designate land suitable for agritourism events.
- Specifically exempts agritourism activities from restrictions if they adhere to the National Fire Protection Association's Life Safety Code.
- Aims to eliminate duplication of regulatory authority over agritourism.
- Focuses on ‘occasional’ agritourism activities.
Who is affected
- West Virginia Department of Agriculture
- Agricultural Businesses
- Local Governments (Counties and Municipalities)
- Department of Environmental Protection
- Fire Marshals
Notable changes
- Modifies existing regulations to allow the Department of Agriculture to take precedence in agritourism oversight.
- Introduces a specific exemption for agritourism activities meeting the NFPA Life Safety Code requirements.
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