Page 82 - Rural Tourism Report Washington County

CHAPTER 4: RURAL TOURISM REGULATORY FRAMEWORK

districts, taking into consideration that the standards Wineries that do fall under these statutes may
and criteria of approval need not be as stringent undertake retail wine sales, host wine tastings, hold
for non-resource districts which generally do not winemakers’ meals, conduct winery tours, host

include high-value farmland. However, even on non- certain other activities directly related to the sale or
resource lands, state law requires that uses not impact promotion of wine sales, and provide for "charitable
surrounding farm/forest operations and prohibits activities for which the winery does not charge a
development that is urban in nature or scale. facility rental fee". These activities are not subject to
permitting requirements.
Rural Tourism Related State Statutes
A large winery is required to obtain a permit from the
Pre-2015 Legislation local government, however, if it “operates a restaurant
Passed in recent years by the State Legislature, the that is open to the public for more than 25 days in a

following bills expand the opportunities for wineries calendar year” or provides for “agritourism or other
and rural tourism on lands outside the urban growth commercial events,” summarized below, that occur
boundary. on more than 25 days in a calendar year. The same
list of uses is allowed in a smaller winery subject to
Senate Bill 841-B
Adopted in 2013, this legislation allows wineries on ORS 215.452, but that statute limits “agritourism and
related commercial events” requiring a permit to 18
AF-20 and EFU lands that comply with the criteria days a year or fewer.

of Oregon Revised Statutes (ORS) 215.452 or 215.453
to expand their primary and accessory activities For both large and small wineries addressed under ORS
and events. ORS 215.453 applies to “large wineries”, 215.452 and .453, the legislation defines “agritourism
defined as follows: 1) a primary site of at least 80 and other commercial events” as including outdoor
acres, at least 50 acres of which are vineyard; 2) concerts for which admission is charged; educational,
own at least 80 more acres of planted vineyards in cultural, health or lifestyle events; facility rentals;
Oregon but not necessarily contiguous to the primary celebratory gatherings; and other events at which
site; and 3) have produced at least 150,000 gallons the promotion of wine produced by the winery is
of wine in three of the last five years. ORS 215.452 a secondary purpose of the event. In both types

applies to many wineries that do not meet the above of wineries, total income from these “secondary”
criteria, however there are some smaller AF-20 and activities cannot exceed 25 percent of total revenues
EFU wineries with no on-site vineyard or a vineyard to ensure that they remain incidental and accessory to
that’s smaller than listed in these statutes. These the primary use. Individual events may be authorized
wineries do not fall under either ORS 215.452 or .453 by a non-land use “license” that must be renewed
and are typically processed as “Commercial Activities periodically. Activities that occur with more frequency
in Conjunction with Farm Use.” Additionally, vineyard can be subject to a discretionary land use review, and

properties with a tasting room, but no processing approvals may include conditions of approval designed
facility, and wineries in other land use districts have to minimize adverse impacts.
their own set of standards and are not governed by
ORS 215.452 or .453 either.
78 WASHINGTON COUNTY RURAL TOURISM STUDY