ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
agricultural property; uses; rural activities
Includes land and improvements devoted to activities that allow members of the public to participate in rural activities in the real property classification of agricultural real property.
In order to be classified under the agricultural property classification, the primary use of the real property must be for agricultural land and the property must have been in active production for at least three of the last five years, with certain exceptions, have a reasonable expectation of operating profit from agricultural purposes and operate any noncontiguous farm parcels on a unitary basis (A.R.S. § 42-12152).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
1. Includes land and improvements devoted to agritourism in the real property classification of agricultural real property.
2. Extends the prohibition from an ordinance preventing, restricting or regulating the use or occupation of land or improvements for general agricultural purposes to agritourism.
3. Excludes the following from the definition of general agricultural purposes, as applicable to the prohibition against a county ordinance regulating agricultural land that is five or more contiguous commercial acres:
a) food establishments authorized by the Department of Health Services that are associated with an agritourism business; and
b) ticketed rodeo events that are open to the general public, not including livestock and equine operations.
4. Defines agritourism as any activity that allows members of the general public, for recreational, or educational purposes, to view, enjoy or participate in rural activities, including farming, ranching, historical, cultural, u-pick, harvest-your-own produce or natural activities and attractions occurring on property defined as Agricultural Real Property if the activity is conducted in connection with and directly related to a business whose primary income is derived from the producing livestock or agricultural commodities for commercial purposes.
5. Makes technical and conforming changes.
6. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Excludes certain agritourism food establishments and rodeo events from the definition of general agricultural purposes, as applicable to the prohibition against a county ordinance regulating agricultural land that is five or more contiguous commercial acres.
2. Requires the agritourism activities to be directly related to the commercial agricultural business and occur on property that is classified as Agricultural Real Property, in order for the activities to classify as agritourism included in the agricultural real property classification.
3. Removes entertainment from permitted agricultural activities that qualify for the agritourism classification.
4. Makes technical and conforming changes.
House Action Senate Action
WM 2/20/19 DPA 10-0-0-0 WAG 3/14/19 DP 7-0-0
LAG 2/21/19 DP 6-0-0-1
3rd Read 2/28/19 56-4-0
Prepared by Senate Research
May 1, 2019