Kentucky Statewide Rule
Kentucky Agricultural Zoning and Local Limits
Key Facts
- Zoning Limit
- KRS 100.203 limits ag zoning restrictions
- Farm Protection
- Bona fide farm uses largely exempt
- Farm Statute
- KRS 413.072 reinforces protection
- Agritourism
- Agritourism rules in KRS 247.800
- County Exemption
- Urban-county exceptions apply
Summary
Kentucky law restricts how local governments may zone agricultural land. Counties and cities cannot use zoning to unreasonably interfere with bona fide agricultural operations, and certain farm uses are exempt from local zoning.
(4) Text provisions to the effect that land which is used for agricultural purposes shall have no regulations except that: (a) Setback lines may be required for the protection of existing and proposed streets and highways; (b) All buildings or structures in a designated floodway or flood plain or which tend to increase flood heights or obstruct the flow of flood waters may be fully regulated; (c) Mobile homes and other dwellings may be permitted but shall have regulations imposed which are applicable, such as zoning, building, and certificates of occupancy; and (d) The uses set out in KRS 100.111(2)(c) may be subject to regulation as a conditional use;
Full Breakdown
KRS 100.203 (planning and zoning) provides that no zoning regulation may prohibit agricultural use of land in any zone, and bona fide agricultural uses are largely exempt from local zoning except in limited circumstances such as urban-county or consolidated local governments. Combined with KRS 413.072 Right to Farm protections, local ordinances restricting livestock, crops, or accepted farming practices are sharply limited. Counties may regulate certain on-farm businesses such as agritourism through KRS 247.800 et seq. but must avoid unreasonable burdens on protected agricultural activities.
Violations & Penalties
Local zoning rules that unreasonably restrict bona fide agricultural use are subject to challenge and may be declared invalid. Damages and attorney fees may be recoverable in nuisance suits brought against protected operations.
Frequently Asked Questions
Can a Kentucky county zone out small farms?
Are agritourism activities protected?
Sources
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