If you’ve been following our work at OPOA, you know we’ve spent years in the trenches of Oregon’s land use system. If you’ve been paying attention to us recently, you know we have been on the forefront of the fight to save agritourism. 

For me, this fight isn’t just about policy— it’s personal. I have spent my entire career representing farmers, and I’ve seen the “red tape” nightmare they face behind the scenes just to keep their gates open. As a land use lawyer, I know that the cards are stacked against the family-run businesses Oregonians love. 

But I’m also a patron. 

I love taking my son to the farm and teaching him about Oregon agriculture. There is nothing like seeing the joy on a child’s face when they find the “perfect” pumpkin or feed a goat for the first time! I love that he has the space to run, play in the dirt, and experience something other than our cul-de-sac. These farms are special to me and our family. The owners have become our friends. I want to see them succeed.  

Beyond being a parent, I enjoy these places myself. I love taking my friends to farm-to-table dinners that showcase the best of what our neighbors grow. Agritourism is what makes Oregon special; it provides a unique space for families to connect with the land and each other.

But right now, these experiences are at risk. Which is why we’ve been working so hard to bring a bill this Session to try and protect them. 

The Turning Point: Moving Beyond the “Pause”

Last year, we faced a crisis. The Department of Land Conservation and Development was moving forward with rulemaking that would have crippled agritourism by changing the law on how “farm stands” are permitted and regulated in a very negative way. 

Luckily, Governor Kotek heard the concerns and paused that process. While we are grateful for the move, a “pause” isn’t a permanent solution. Our farmers are still stuck in limbo, unable to plan for the future because they lack clear statutory protections.

That’s why we’ve been trying to change the statutes around farm stands to give farmers true protections that administrative rules can’t change. After the pause, we immediately got back to work on the next solution – 2026 legislation that would provide the certainty that farm stands need to thrive – HB 4153. 

We worked directly with the counties to make sure this worked for everyone. We brought property owners and local regulators together in the same room to hash through differences and find common ground. By listening to the concerns of local governments regarding infrastructure and the needs of farmers regarding viability, we were able to craft a solution that is both practical and protective.

The Details: How HB 4153 Protects Our Farm Experiences

This bill is about giving farm store/stand operators clear legal certainty so they can focus on their businesses and their guests. It also clears up confusion for the counties to make permits easier to issue and the law easier to enforce – reducing surprises and headaches all around. Here are the highlights: 

Helping Our Farm Store Operators 

Protection for Agritourism & Family Fun: It explicitly legalizes the things that make farm visits fun: crop mazes, play structures, hayrides, animal petting exhibits, and more. No more “gray areas” for your favorite farm and no more prohibitions on “entertainment” at the farm. 

Eliminates Onerous Income Restriction: Right now, farm stores are limited in how much income they can earn from selling merchandise, local goods, or from tickets to agritourism events. HB 4153 eliminates the income restriction. This allows farmers to support themselves during economic downturns and provide for their own kids and grandkids. 

The Power of Taste: It allows farm stores to host farm-to-table meals so they can educate the public and use the power of local flavors to promote their products. The bill makes clear these events can take place indoors or even under tents— I bet you didn’t even know that current law makes using a simple tent a legal nightmare!

Grab-and-Go Convenience: The bill provides clarity to allows farm stores to have on-site kitchens and sell grab-and-go prepared food items so you can enjoy a glass of wine or an apple cider donut while your kids pick out their pumpkin. 

Acknowledging and Mitigating Valid Concerns

Managing Traffic, Parking, and Safety: We know that with more visitors comes the need for responsible management. HB 4153 adopts common-sense siting standards that allow counties to regulate things like traffic, parking, noise, and safe egress (getting in and out of the farm safely). This provides a framework similar to how Oregon already successfully regulates wineries, cideries, and breweries.

No “Paper Farms”: We aren’t looking for a free-for-all. We want to make sure the focus stays exactly where it belongs: on agriculture. This bill ensures that farm stores are only permitted on land that is actively being farmed or is a part of an active farm unit. 

Limiting Size to Ensure Farming Remains the Real Focus: We’ve listened closely to concerns that removing income restrictions might open the door for farm stores to morph into shopping malls. That is not what this bill is about. To address those concerns, we’ve agreed to limit the square footage of these retail operations. This ensures the scale of the operation remains appropriate for a farm zone and that the primary focus of the property stays exactly where it should be: on agriculture.

ACTION ALERT: We Need Your Voice Today!

Legislators need to hear from more than just an advocate— they need to hear from the families who actually visit these farms. We need a groundswell of support to ensure our rural traditions don’t disappear.

• Email the House Committee on Agriculture: Tell them your story! Tell them you support HB 4153 because you want your favorite farm stores to have the legal certainty they need to stay open for your family. You can find all of their contact information here: Agriculture, Land Use, Natural Resources, and Water House 2026 Regular Session – Oregon Legislative Information System

• Contact Your Local Legislator: Let them know that as a constituent and a parent, you want them to vote “YES” on HB 4153 to protect the future of Oregon agritourism. You can find your local legislator HERE: Find Your Legislator

• Take to Social Media: Forward this blog to your group chats, your neighborhood Facebook or Instagram groups, and your friends. Post on social media with a photo of you and your family at a pumpkin patch, farm store, or other agritourism experience with the hashtags #ProtectOurFarmStores #ORAg #YesOnHB4153. 

Here is a sample message you can use!

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.