This post was last updated on 2/8/2026 at 5:00pm.

Since we announced HB 4153, we’ve been answering some great questions from the community. We put this guide together to show how this bill helps Oregon’s family farms open their gates to the public for education, fun, and fresh food.

Still have questions? Reach out at: info@oregonpropertyowners.org

What is HB 4153 and why do farmers want it?

Oregon’s current land-use laws are stuck in the 1970s. Right now, it’s legally difficult for a farmer with a farm stand permit to do anything other than sell crops and livestock. HB 4153 updates the existing law to make it easier for farmers to operate farm stands.

Why do farmers even need permits to have farm stands or host on-farm experiences?

Under “Exclusive Farm Use” (EFU) zoning, “farming” is strictly defined under Oregon law as the activities necessary to plant, harvest, and raise animals for a profit. Anything else— like selling merchandise, hosting a pickling class or a harvest festival— is labeled a “non-farm use”, which requires special permits regulated by state and local law.

What are the current limits on farm stands that farmers want to change?

Existing laws have created some truly strange roadblocks for farms that want to host visitors at their farm stand:

• The “No Shelter” Penalty: Current rules are so strict that even a temporary tent or canopy is considered a farm store “structure”. Under current law, these structures cannot be used for “banquets” or “public gatherings”. This means that if it starts raining during a farm-to-table dinner, a farmer can actually get a permit violation just for moving guests inside the farm store or under a tent to keep them dry.
• Banning the Fun: Because “entertainment” is prohibited in and on farm structures, many counties have interpreted this to mean that kids’ play structures— like hay bale slides, corn kernel pits, or climbing areas — are illegal.
• The High-Pressure Sales Pitch: Right now, the law requires every fee-based activity to “promote the sale of farm crops.” This forces farmers to act like pushy salespeople. A farmer could get in trouble for hosting an educational milking class or an Easter egg hunt if they don’t include a direct sales pitch for a product at the same time.
• The 25% Income Trap: Farmers are currently banned from making more than 25% of their revenue from “incidental” items (like farm merchandise, souvenirs, or local crafts) and tickets from promotional agritourism events. If a late frost kills the crop, the law effectively forces the farmer to shut down their public experiences to keep that 25% ratio— starving the business of cash exactly when they need it most.

• The Donut Debacle – The law is vague on prepared food sales, leaving some farmers able to provide prepared foods like apple cider donuts or corn on a stick, while others are prohibited from selling prepared foods altogether.

How does HB 4153 solve these issues and help farmers with permitted farm stands?

First, it renames “farm stand” to “farm store”. This is an important change to stop confusion at the local level. Right now, some farmers are being forced to get land use permits to just sell their crops or do U-pick. That is outright allowed “farm use” and no land use approval should be required. Changing the name to “farm store” helps counties understand when this permit is actually required. 

This bill moves away from arbitrary restrictions and creates a clear path for farm-based experiences:

• Scraps the Sales Cap: It gets rid of the harmful 25% income limit on retail sales and tickets to events, and instead limits the physical shelf space used for non-farm items and requires a majority of the property to be in farm use.
• Legalizes Fun & Learning: It makes fun and educational activities like corn mazes, playgrounds, and animal exhibits officially legal without forcing the farmer to give a “sales pitch” to every visitor.
• Allows for Rain Cover: It gives farmers the right to use tents or barns to keep guests dry during events so a rainstorm doesn’t result in a permit violation.
• Standardizes Snacks: It sets one rule for the whole state that lets farmers sell simple “grab-and-go” treats like coffee, cider donuts, and snacks from an on-site kitchen.

Addressing Concerns:

Since the public hearing on HB 4153, there has been a lot of questions and concerns about the bill. Here is some information to keep in mind. 

Does this bill have “guardrails” to ensure farming remains the focus?

Absolutely. HB 4153 ensures the land stays a working farm:

• Size Limits: For the first time, it sets a 10,000-square-foot cap on farm store buildings. Current law has no size limit.
• Active Production: The bill outlines a minimum number of acres that must be used for farming based on the size of the property. This means that on land zoned for “exclusive farm use” you can’t just have a store; you must have a farm. Current law has no production requirement.
• No Hospitality Creep: It strictly bans the farm store operating as a farm stay, hotel, cafe, or fast-food drive-thru.
• Retail Restrictions: Only 25% of the store’s indoor floor space can be used for retail items and merchandise (like aprons or mugs).
• Impact Control: Counties have the power to regulate noise, traffic, and store hours to protect neighboring farms – something current law is silent on.

Is 10,000 square feet too big for a farm?

Not at all. In a crowded city, 10,000 square feet may seem like a large commercial footprint for a store or a restaurant. But in the farm zone, it’s a drop in the bucket.

To put the scale in perspective:

• In Oregon, the average farm is 430 acres. A 10,000-square-foot store would take up less than 0.06% of that land.
• Even on a small 20-acre farm, this building is only 1.15% of the property.

That can hardly be considered commercial sprawl.

Where did this size limit come from?

The 10,000-square-foot cap wasn’t picked out of a hat; it’s the exact same scale the Legislature already approved for small-scale processing facilities on farmland.

The state has already done the math and decided that a building this size fits perfectly in the farm zone without interfering with neighbors or creating an adverse impact on the land. By using this specific limit, HB 4153 simply takes a standard that the Legislature already trusts and applies it to farm stores so farmers can connect with their customers.

Is HB 4153 intended to be a loophole to allow commercial event venues on farmland?

HB 4153 is not a loophole for turning farms into event centers. The bill uses a very narrow definition for “agritourism” that is much stricter than the rules for private or commercial events. To qualify under this bill, an activity must meet three strict requirements:

1. It has to be run by the farm itself, not a third-party company.
2. It must be directly tied to the farm and what they grow.
3. Its main goal must be to get people to visit the farm store and buy farm products.

The bill lists specific examples of what this looks like, such as farm tours, pickling or milking classes, corn mazes, hayrides, and seasonal pumpkin patches or Christmas tree events. It also covers things like play structures for kids and farm-to-table meals.

If a landowner wants to host an event that doesn’t fit this “direct-from-the-farm” model— like a large wedding venue — this bill won’t help them. They would still have to apply for a commercial event permit and pass the expensive “Farm Impacts Test,” assuming their county even allows those types of permits.

Does HB 4153 “shut down” roadside farm stands selling berries or U-Pick operations?

No. Selling what you grow on EFU land is protected “farm use” under ORS 215.203. Under both current law and HB 4153, you do not need a permit for:

• Roadside Sales: Selling produce, eggs, or flowers grown on your farm.
• U-Pick: Allowing customers to harvest their own crops on-site.
• Bulk/Wholesale Sales: Selling crops, livestock, or stock raised on your property to other farms or the public.

When is a farm stand permit required?

Under existing law, a farm stand permit may be required if your operation functions as a retail store or event venue. This includes:

• Re-selling crops or products you did not grow to the public.
• Selling processed goods (oils, jams), food items or bottled drinks, or merchandise.
• Charging for promotional activities like corn mazes or farm-to-table dinners.

However, this is not the only type of permit state law allows for these activities on EFU zoned land. HB 4153 does not change this.

Why doesn’t HB 4153 explicitly state that roadside stands don’t need permits?

HB 4153 only shows the specific sections of the law being changed (ORS 215.283 & 213). It does not list the definition of “farm use” (ORS 215.203) because that law is not being amended. Since selling your own crops is already legal under “farm use,” there was no need to include it in the bill text.

One of the main reasons for changing the name from “farm stand” to “farm store” is to eliminate confusion at the local level. By creating a clear distinction, we prevent counties from overreaching and demanding land-use permits from farmers who are simply selling their own crops or doing U-Pick operations.

Will HB 4153 shut down existing-permitted farm stands?

No. If you have a valid farm stand permit under ORS 215.283 or ORS 215.213, your rights are protected. HB 4153 does not cancel existing approvals; it simply offers an optional pathway for those who wish to expand into activities not covered by current farmstand laws. Counties will not be “shutting down” existing permitted farm stands because of this bill.

If I am operating without a permit now, but I want to get a farm stand permit under existing law, can I still get one?

Yes. If passed, the effective date of HB 4153 will not be until January 2, 2027. Which means that property owners who didn’t realize they needed permits or who wish to opt into the current law have the time to do so.

If property owners want to take advantage of the new opportunities in the law – namely not being held to the current income restrictions in existing law or getting more use out of structures – they will need to meet the standards of HB 4153, which requires more farming to be taking place on the property. This was a necessary legislative trade-off.

Does HB 4153 affect all rural properties?

No. HB 4153 applies only to Exclusive Farm Use (EFU) and mixed farm/forest zones, which are “resource lands” protected by law for agricultural production. Unlike rural residential zones or commercial zones in town, EFU properties are strictly regulated to prevent non-farm development to ensure the land remains dedicated to Oregon’s agricultural economy for commercial farming enterprises.

Property owners should not assume that their property is zoned EFU! Many properties, especially smaller lots, have been rezoned from EFU to a more appropriate zoning designation like rural residential! This bill also does not affect non-resource lands inside of cities.

I thought the cottage foods law allows me to sell my home-made food items directly to the public? Does HB 4153 change that?

Much of the confusion regarding HB 4153 stems from the recently passed “Cottage Foods” law. While that law relaxed food safety licensing for home kitchens, it did not change land-use permit requirements.

Under existing land use law, if you are using your home kitchen to make and sell bread, jams, jellies, and chutneys, you still need county land use approval to use your house to do so. HB 4153 doesn’t change that.

State law allows you to use a dwelling for a home-business as a “home occupation” on EFU zoned land. Generally, a home occupation permit allows you to make your products, sell your product, have customers visit your property, and even host classes or events for supplemental income. You can even use your home and/or other buildings on your property – like barns – to run your business.

Home occupations are really important permits for property owners – especially farmers. They are what allow cottage businesses to thrive on EFU zoned land. This is why OPOA fought so hard against SB 77 from last session – a bill that would have made it extremely difficult for property owners including farmers to run home businesses. Learn more here: Do You Run a Home Business? Not For Long If SB 77 Passes. – Oregon Property Owners Association

Does my farm stand permit absolve me of having to get a home occupation permit to use my home for my cottage foods business?

Likely not. If your property is zoned EFU and you are using a dwelling to operate a cottage food business or other home business; you likely still need to get a home occupation permit or other land use approval. HB 4153 doesn’t change that.

But some property owners won’t be eligible for a farm store permit. Why does OPOA still support the bill?

Because the farming thresholds are what is required to get this bill passed and the problems with existing law solved.

Oregon’s land-use system mandates that EFU land be used for commercial agriculture. These mandates are strict and have been put in place for over 50-years by organizations who don’t want anyone to use their properties for anything other than commercial farming.

Current law is filled with strict financial and acreage thresholds before non-farm uses are allowed. For example, a property owner must generally prove at least $80,000 in gross farm income before they are even allowed to build a home on EFU land. As a property rights organization, OPOA hates these types of mandates, but that is the political reality of Oregon.

Unless things in Salem change drastically, there is no reality where we could allow property owners more opportunity on their EFU zoned land, without requiring that farming remain the primary focus of the property.

Current law does this by strictly limiting a family farm’s income and banning the use of farm stand structures for basically anything other than farming. That is proving to be extremely problematic for farms with these permits, who are facing enforcement actions, lawsuits, and bullying from organizations who are weaponizing these prohibitions against them.

Eliminating those prohibitions means that other requirements be put in the bill to make sure that these properties (who are hosting events, selling non-farm items) remain predominantly used for farming.

The minimum 10-acre/$10,000 sales threshold in the -2 version of the bill is necessary to get the bill passed. Without it, the bill would never have gotten broad support from organizations who do not historically agree with OPOA on and land use, which means it probably would have never gotten a public hearing – which is what happened to it last Session.

You can read more about why this bill is necessary here: What We Lose If HB 4153 Fails – Oregon Property Owners Association

The opinions expressed in this post are those of the author and do not represent the opinions or positions of any party represented by the OPOA Legal Center on any particular matter.