When Urban and Rural Unite: How Everyday Oregonians Helped Save Agritourism from a Major Threat

From the beginning, we’ve understood the value of agritourism. When farmers welcome the public onto their land, they’re not just selling products— they’re building relationships, educating people, and showing why local agriculture matters. Today, those relationships proved stronger for protecting farmers than any regulation designed to preserve farmland.

Farmstand Rulemaking Paused Because of Public Outcry

This afternoon, Governor Kotek announced she is pausing the controversial farmstand rulemaking that had farmers across Oregon deeply concerned. We commend her for listening to the public and stepping in to protect Oregon’s beloved farmstands. But let’s be clear— this only happened because farmers had the courage to speak out, and the public stood with them.

Speaking Out Wasn’t Easy

We want to acknowledge how difficult it was for farmers to make those videos and share their stories. Oregon’s land use system is driven by complaints—often anonymous—which counties must investigate. Some organizations use this system to harass property owners, sue counties for issuing permits, and block people from using their land in ways they don’t agree with.

In that kind of environment, speaking publicly is risky. But farmers did it anyway. We’re proud of every single one of them. OPOA and our non-profit Legal Center will continue to stand by them as they continue this fight— and we hope the public will too.

Clearing Up the Confusion & Gaslighting: Why Farmers Were Right About The Draft Rules

Some groups have tried to dismiss farmers’ concerns as “misinformation.” That’s simply not true. DLCD also published a statement and did some public appearances that added to this confusion by downplaying the significance of the changes and misrepresenting where we were at in the rulemaking process.

It’s important for the public to know that every single rulemaking advisory committee (RAC) meeting was recorded. You can find those videos HERE. We recommend that you watch the final RAC meeting that happened on July 24th. Also, comments submitted by RAC members and members of the public during the process can be found on DLCD’s website HERE and scrolling down to the tab that says “Regarding farm stands in exclusive farm use zones”. You can read OPOA’s comments that we submitted in response to questions posed by DLCD HERE (page 30).

A review of any of these materials will show you EXACTLY who is advocating for farmers to have more opportunities on their land and who is not.

But if you want the shorter story, here’s a more detailed explanation about why the farmers were right to be concerned about the draft rules, which you can read HERE:

Where Did This All Start? Last year, OPOA began working with a group of farmers from around the state who were struggling under the weight of current regulations around agritourism and farmstands. Recognizing that some of our most beloved family farms were at risk of anonymous complaints and being crushed by unreasonable regulation, we brought a bill, HB 3133 to help protect them. The goal was to provide greater legal certainty in statute that those farmers could continue operating the way they needed to. Unfortunately, that bill did not pass, but the legislature directed DLCD to consider solving these issues in rule. Unfortunately, DLCD did not approach solving this problem from the perspective of trying to protect these important businesses and make things easier for them.  

Was This Just the Beginning of the Rulemaking Process? No. DLCD was nearly done. They had draft rules, a draft notice and fiscal impact statement, and were preparing to file for formal notice with the Secretary of State on September 1st. The only reason this process was paused is because farmers and the public spoke out forcefully and the Governor listened.

Why Are Agritourism Events Part of the Farmstand Debate? Farmstands are the main legal pathway for agritourism on farmland. Oregon law allows agritourism through three channels: farmstands (as promotional events), agritourism event permits, and commercial activities tied to farming. But only farmstands are guaranteed by law—counties must allow them. The other two options are discretionary, and most counties don’t offer them. That’s why most agritourism happens through farmstand permits, and why changes to those rules matter so much.

DLCD Says the Rules Don’t Ban Anything— So Why Are Farmers Worried? The rules don’t outright ban events or specific items, but they add new restrictions that make many popular activities harder or impossible. Promotional events must either have a direct tie to a product sold at the farmstand or educate visitors about a farm crop grown on the farm. That could disqualify concerts, cow trains, play structures, games, petting zoos, and other family-friendly entertainment. If farmers can’t use farmstand permits to do these things, they’re forced into other permitting processes that are burdensome, uncertain, expensive, and often unavailable. If farmers can’t get those other permits, these events are banned.

Are There New Limits on What Can Be Sold at Farmstands? Yes. The rules say retail items must directly relate to crops or livestock sold at the farmstand. That’s somehow both vague and overly restrictive at the same time. For example, a berry farm that just sells berries couldn’t sell a mug with a cow on it, or offer bottled water or soda because those don’t directly relate to berries. This language could also prohibit locally made crafts, gifts, and value-added products that are commonly sold and expected by customers but not directly related to farm crops. This new restriction limits farmers’ ability to meet customer expectations and hurts rural businesses and artisans.

Can farmers still sell prepared foods like cider donuts or milkshakes? It’s unclear. Despite legislative efforts to clarify this issue, DLCD’s rules remain vague. Some counties have already prohibited these kinds of sales due to the lack of clarity, leaving farmers uncertain about what’s allowed. 

Do These Rules Affect Existing Farmstands or Just New Ones? Both. The rules create a new review process for all farmstands— new and existing. Every seven years, counties will re-evaluate farmstands and can renew, modify, or revoke permits. Farmers may also be charged fees for these reviews. This adds uncertainty and risk for long-standing operations.

Does DLCD’s language threaten basic farm use protections? DLCD’s proposed language seems to require land use approval for farmers selling products from permanent structures— even though state law (ORS 215.203) clearly protects this as “farm use.” This risks treating core agricultural activities as “non-farm uses,” which is inconsistent with state law.

Is there a new limit on farm-to-table dinners? The rules propose capping farm-to-table dinners at 17 per year, even though these events are already regulated by income limits and have strong support from RAC members and the public. This cap is arbitrary and unnecessary.

Can events be held inside farmstands during bad weather? DLCD hasn’t made that clear. While the rules allow tents for outdoor events, they don’t address indoor flexibility. Farmers need clarity that temporary structures or indoor spaces can be used when weather conditions demand it, and they need to shelter the public. At the last RAC meeting, certain organizations said they thought even allowing people to eat under tents violated state law. If DLCD can’t fix this in rule, the Legislature should step in.

The Bottom Line

Farmers were right to speak up. These rules would have made it harder— and in some cases impossible— to continue the agritourism activities that connect communities, support local economies, and celebrate Oregon’s agricultural heritage. Many farms depend on the income from these events to say in business. If they couldn’t do them anymore, they would shut down.

Thanks to grassroots action, the rulemaking process is paused. But the fight isn’t over. OPOA will keep working to protect farmstands and the farmers who make them thrive. Let’s keep standing together.

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.