Ohio Statewide Rule
Ohio Agricultural Zoning Exemption Limits
Key Facts
- Orc 519.21
- ORC 519.21 limits township zoning over agriculture
- Orc 303.21
- ORC 303.21 limits county zoning over farms
- Five-Acre Threshold
- Five-acre threshold protects farms from most zoning
- Agritourism Receives
- Agritourism receives civil immunity under ORC 901.80
- Platted Subdivisions
- Platted subdivisions retain greater zoning authority
Summary
Ohio law limits township and county zoning authority over agricultural uses, preserving farming activities on land used primarily for agriculture.
(A) Except as otherwise provided in divisions (B) and (D) of this section, sections 519.02 to 519.25 of the Revised Code confer no power on any township zoning commission, board of township trustees, or board of zoning appeals to prohibit the use of any land for agricultural purposes or the construction or use of buildings or structures incident to the use for agricultural purposes of the land on which such buildings or structures are located, including buildings or structures that are used primarily for vinting and selling wine and that are located on land any part of which is used for viticulture, and no zoning certificate shall be required for any such building or structure.
Full Breakdown
Under ORC 519.21 for townships and ORC 303.21 for counties, zoning authorities cannot prohibit the use of land for agricultural purposes, including the construction of buildings used for agriculture, on lots greater than five acres or in unplatted areas. The exemption protects farms from local zoning that would restrict crop production, animal husbandry, and similar uses. Some restrictions still apply to platted subdivisions and lots smaller than five acres. Agritourism activities receive additional protection under ORC 901.80 with limited civil immunity.
Violations & Penalties
Local zoning enforcement against protected agricultural uses can be enjoined and may result in attorney-fee awards.
Frequently Asked Questions
Can an Ohio township ban farming on rural property?
Are agritourism operations protected from local zoning?
Sources
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