Governor Kotek pauses farm stand rule changes after public blowback, family farms’ concerns over their impacts
(Update: Adding Rep. Vikki Breese Iverson statement)
SALEM, Ore. (KTVZ) -- Oregon Governor Tina Kotek said Friday she has directed the Department of Land Conservation and Development to pause farm stand rulemaking and reassess next steps amid criticism about the potential impacts of planned rule changes.
Kotek released the following statement with this announcement:
“I want to reassure farmers who have been anxious and frustrated about how proposed changes to existing rules regarding farm stand operations may affect their businesses that I hear you and am paying attention. Visiting the diverse agricultural communities across our state during my county visits on the One Oregon Listening Tour reinforced my understanding of what it means to be a farmer. We are one state, and while at times we may disagree, we are all connected by the same goals.
“We can support local farm businesses while also preserving Oregon’s historic land use system. This is not an either/or conversation. We need to acknowledge that some of our small and midsize farms need to maintain or consider different business models to continue to deliver the agricultural products and working farms we all value in Oregon. New models for financial sustainability do not have to be at odds with our values.
“Dialogue is critical to coming together and building understanding across sectors, and across regions. I have directed DLCD to pause the rulemaking process to allow for more conversations with all interested parties and the public on this really important agri-tourism issue.”
The announcement from DLCD can be found here (and below the following KGW report).
KGW reported Friday there has been an outcry from some of the state's most popular family farms over the planned changes.
A number of family farms, like Topaz Farm on Sauvie Island and Wooden Shoe Tulip Farm in Woodburn, took to social media this week, warning that policy changes under consideration at the DLCD could hurt their businesses and potentially force them to close.
"Truthfully, if they went into effect, we don’t see how we could stay open," Kat Topaz, co-owner of Topaz Farm, told KGW on Wednesday.
A fact sheet provided by DCLD showed that the proposed changes intended to clarify what activities can happen at farms without a permit, which ones require a farm stand permit, and which aren't allowed in either case.
Under the proposal, any non-farm products sold at permitted farm stands — souvenirs and other food products — must relate to the products grown on the farm; the examples given include vases for cut flowers or carving kits for pumpkins.
Selling food grown on the farm alone does not require any permit, a DCLD official explained.
The other proposed changes revolved around traffic, parking and events. Activities like flower arranging classes, hay rides and cow trains would be allowed without a permit. Weddings, concerts, and 18 or more farm-to-table dinners a year would only be allowed with a permit and a thorough review of the impact on neighbors.
The DCLD had discussed making counties verify that farm stands are in compliance with their permits every seven years, but KGW learned on Wednesday that the state did not plan to move forward with that idea.
According to the DCLD officials who spoke with KGW, the major backlash to these proposals represented misunderstandings about their scope and content — the result of "misinformation campaigns" pushed by individuals who want to undermine Oregon's land use system.
READ MORE: Oregon official says it's 'misinformation' that new policies could shut down prized family farms
With the exception of the prohibition on sales of non-farm-related products, DCLD said the proposed changes would not have barred any farm activities, though it may have required permits for some of them. It would, however, have explicitly "not" allowed restaurants at farm stands, KGW reported.
Oregon Department of Land Conservation and Development announcement:
Farm Stand Rulemaking Update
The Department of Land Conservation and Development (DLCD) thanks those that have provided comment on the Farm Stand Rulemaking process. At Governor Kotek’s direction, DLCD is pausing this rulemaking to reassess next steps.
The comments DLCD and the Governor’s Office have received are clear. Oregonians care deeply about this complex issue and any potential unintended consequences of changing existing rules. The department looks forward to providing additional information in the near term.
Goal 1 (Citizen Involvement) helps ensure broad community engagement and is a foundation of Oregon’s unique comprehensive land use planning system.
Farm stands and the opportunity to learn about farming, support farmers, and maintain Oregon’s agricultural economy are values shared across the state. Rulemaking Advisory Committee (RAC) members have provided invaluable guidance on concepts that will help inform any formal state agency rulemaking on this subject.
DLCD is postponing issuing proposed draft rules in the Secretary of State’s Bulletin for public comment at this time.
Sign up for the newsletter on this rulemaking for future updates.
News release from Rep. Vikki Breese Iverson
Rep. Breese Iverson Fiercely Defends Local Farm Stands
Prineville, OR — Representative Vikki Breese Iverson (R-Prineville) released the following statement. This comes after the Governor paused a rulemaking that was initiated by the Department of Land Conservation and Development (DLCD).
I am a strong supporter of agritourism and farm stand businesses. These farmers are staples in their communities, beloved by visitors, and are some of the best Oregon has to offer.
I introduced HB 3133 to support these local businesses. If the bill had passed the legislative process, it would have protected and promoted agritourism across the state. HB 3133 was widely supported by the agritourism community.
I appreciate the Governor for intervening to stop the disastrous draft rules produced by DLCD. Those rules ignored the intent of the bill and input from key stakeholders. It is because rural and urban Oregonians united to passionately defend our farmers that these rules were halted.
We can’t allow groups like 1,000 Friends to utilize land use laws, regulations, and permits to pick which farmers win and which farmers lose. That is not what Oregonians want.
This disaster has made clear the need for the legislature to weigh in on this issue in the upcoming short session. I look forward to leading the conversation.
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