BySenators Warnick, Schoesler, Dozier, J. Wilson, Salomon, McCune, L. Wilson, Holy, Torres, Padden, Fortunato, Braun, King, Short, Rivers, Wagoner, Hasegawa, Lovelett, and Stanford

AN ACT Relating to promoting agritourism in Washington; amending RCW 36.70A.177; adding a new section to chapter 19.27 RCW; and adding a new section to chapter 66.24 RCW.

(1) A county or a city may use a variety of innovative zoning techniques in areas designated as agricultural lands of long-term commercial significance under RCW 36.70A.170. The innovative zoning techniques should be designed to conserve agricultural lands and encourage the agricultural economy. Except as provided in subsection (3) of this section, a county or city should encourage nonagricultural uses to be limited to lands with poor soils or otherwise not suitable for agricultural purposes.

(a) Agricultural zoning, which limits the density of development and restricts or prohibits nonfarm uses of agricultural land and may allow accessory uses, including nonagricultural accessory uses and activities, that support, promote, or sustain agricultural operations and production, as provided in subsection (3) of this section;

(b) Cluster zoning, which allows new development on one portion of the land, leaving the remainder in agricultural or open space uses;

(c) Large lot zoning, which establishes as a minimum lot size the amount of land necessary to achieve a successful farming practice;

(d) Quarter/quarter zoning, which permits one residential dwelling on a one-acre minimum lot for each one-sixteenth of a section of land; and

(e) Sliding scale zoning, which allows the number of lots for single-family residential purposes with a minimum lot size of one acre to increase inversely as the size of the total acreage increases.

(a) Accessory uses shall be located, designed, and operated so as to not interfere with, and to support the continuation of, the overall agricultural use of the property and neighboring properties, and shall comply with the requirements of this chapter;

(i) Agricultural accessory uses and activities, including but not limited to the storage, distribution, and marketing of regional agricultural products from one or more producers, agriculturally related experiences, or the production, marketing, and distribution of value-added agricultural products, including support services that facilitate these activities; ((and))

(ii) Nonagricultural accessory uses and activities as long as they are consistent with the size, scale, and intensity of the existing agricultural use of the property and the existing buildings on the site. Nonagricultural accessory uses and activities, including new buildings, parking, or supportive uses, shall not be located outside the general area already developed for buildings and residential uses and shall not otherwise convert more than one acre of agricultural land to nonagricultural uses; and

(iii) Commercial uses and activities that generate supplemental income for farms and are conducted for enjoyment, education, and active involvement of visitors including direct agricultural marketing and agritourism as defined in RCW 4.24.830, but not including private events; and

(c) Counties and cities have the authority to limit or exclude accessory uses otherwise authorized in this subsection (3) in areas designated as agricultural lands of long-term commercial significance.

(4) This section shall not be interpreted to limit agricultural production on designated agricultural lands.

Agricultural buildings also used for agritourism purposes must not be required to meet additional commercial standards if the venue is only open six months or less every year.

(1) There shall be a beer and wine license to be issued to an agritourism venue for the sale of beer, strong beer, and wine for on-premises consumption.

(2) Agritourism venues may sell beer and wine for off-premises consumption if the beer and wine is manufactured by a microbrewery or craft winery located within the state.

(3) Agritourism venues must provide a plan to prevent minors from unlawfully accessing alcoholic beverages.