As Introduced
136th General Assembly
Regular Session S. B. No. 122
2025-2026
Senator Hicks-Hudson
A BILL
To amend sections 303.21 and 519.21 of the Revised Code to eliminate the authority of townships and counties to adopt zoning resolutions for agricultural land under certain circumstances.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 303.21 and 519.21 of the Revised Code be amended to read as follows:
Sec.
303.21. (A)
Except
as otherwise provided in division (B) of this section, sections
Sections
303.01
to 303.25 of the Revised Code do not confer any power on any county
rural zoning commission, board of county commissioners, or board of
zoning appeals to prohibit the use of any land for agricultural
purposes or the construction or use of buildings or structures
incident to the use for agricultural purposes of the land on which
such buildings or structures are located, including buildings or
structures that are used primarily for vinting and selling wine and
that are located on land any part of which is used for viticulture,
and no zoning certificate shall be required for any such building or
structure.
(B)
A
county zoning resolution, or an amendment to such resolution, may in
any platted subdivision approved under section 711.05, 711.09, or
711.10 of the Revised Code, or in any area consisting of fifteen or
more lots approved under section 711.131 of the Revised Code that are
contiguous to one another, or some of which are contiguous to one
another and adjacent to one side of a dedicated public road, and the
balance of which are contiguous to one another and adjacent to the
opposite side of the same dedicated public road regulate:
(1)
Agriculture on lots of one acre or less;
(2)
Buildings or structures incident to the use of land for agricultural
purposes on lots greater than one acre but not greater than five
acres by: set back building lines; height; and size;
(3)
Dairying and animal and poultry husbandry on lots greater than one
acre but not greater than five acres when at least thirty-five per
cent of the lots in the subdivision are developed with at least one
building, structure, or improvement that is subject to real property
taxation or that is subject to the tax on manufactured and mobile
homes under section 4503.06 of the Revised Code. After thirty-five
per cent of the lots are so developed, dairying and animal and
poultry husbandry shall be considered nonconforming use of land and
buildings or structures pursuant to section 303.19 of the Revised
Code.
Division
(B) of this section confers no power on any county rural zoning
commission, board of county commissioners, or board of zoning appeals
to regulate agriculture, buildings or structures, and dairying and
animal and poultry husbandry on lots greater than five acres.
(C)
Such
sections confer no power on any board of county commissioners, county
rural zoning commission, or board of zoning appeals to prohibit in a
district zoned for agricultural, industrial, residential, or
commercial uses, the use of any land for:
(1) A farm market where fifty per cent or more of the gross income received from the market is derived from produce raised on farms owned or operated by the market operator in a normal crop year. However, a board of county commissioners, as provided in section 303.02 of the Revised Code, may regulate such factors pertaining to farm markets as size of the structure, size of parking areas that may be required, set back building lines, and egress or ingress, where such regulation is necessary to protect the public health and safety.
(2)
Biodiesel production, biomass energy production, or electric or heat
energy production if the land on which the production facility is
located qualifies as land devoted exclusively to agricultural use
under sections 5713.30 to 5713.37 of the Revised Code for real
property tax purposes. As
used in division (C)(2) of this section, "biodiesel,"
"biomass energy," and "electric or heat energy"
have the same meanings as in section 5713.30 of the Revised Code.
(3) Biologically derived methane gas production if the land on which the production facility is located qualifies as land devoted exclusively to agricultural use under sections 5713.30 to 5713.37 of the Revised Code for real property tax purposes and if the facility that produces the biologically derived methane gas does not produce more than seventeen million sixty thousand seven hundred ten British thermal units, five megawatts, or both.
(4)
Agritourism. However, a board of county commissioners, as provided in
section 303.02 of the Revised Code, may regulate such factors
pertaining to agritourism, except farm markets as described in
division (C)(1)(B)(1)
of this section, as size of a structure used primarily for
agritourism, size of parking areas that may be required, setback
building lines for structures used primarily for agritourism, and
egress or ingress where such regulation is necessary to protect
public health and safety.
Nothing
in division (C)(4)(B)(4)
of this section confers power on a county zoning commission, board of
county commissioners, or board of zoning appeals to require any
parking area to be improved in any manner, including requirements
governing drainage, parking area base, parking area paving, or any
other improvement.
Nothing
in division (C)(4)(B)(4)
of this section confers power on a county zoning commission, board of
county commissioners, or board of zoning appeals to prohibit the use
of any land or the construction or use of buildings or structures
that are used primarily for vinting and selling wine that are located
on land any part of which is used for viticulture as provided in
division (A) of this section.
(D)(1)(C)(1)
As used in division (B)(2) of this section, "biodiesel,"
"biomass energy," and "electric or heat energy"
have the same meanings as in section 5713.30 of the Revised Code.
(2)
As used in division (C)(3)(B)(3)
of this section, "biologically derived methane gas" has the
same meaning as in section 5713.30 of the Revised Code.
(2)(3)
As used in division (C)(4)(B)(4)
of this section, "agritourism" has the same meaning as in
section 901.80 of the Revised Code.
Sec.
519.21. (A)
Except as otherwise provided in divisions
(B) and (D)division
(C)
of this section, sections 519.02 to 519.25 of the Revised Code confer
no power on any township zoning commission, board of township
trustees, or board of zoning appeals to prohibit the use of any land
for agricultural purposes or the construction or use of buildings or
structures incident to the use for agricultural purposes of the land
on which such buildings or structures are located, including
buildings or structures that are used primarily for vinting and
selling wine and that are located on land any part of which is used
for viticulture, and no zoning certificate shall be required for any
such building or structure.
(B)
A
township zoning resolution, or an amendment to such resolution, may
in any platted subdivision approved under section 711.05, 711.09, or
711.10 of the Revised Code, or in any area consisting of fifteen or
more lots approved under section 711.131 of the Revised Code that are
contiguous to one another, or some of which are contiguous to one
another and adjacent to one side of a dedicated public road, and the
balance of which are contiguous to one another and adjacent to the
opposite side of the same dedicated public road regulate:
(1)
Agriculture on lots of one acre or less;
(2)
Buildings or structures incident to the use of land for agricultural
purposes on lots greater than one acre but not greater than five
acres by: set back building lines; height; and size;
(3)
Dairying and animal and poultry husbandry on lots greater than one
acre but not greater than five acres when at least thirty-five per
cent of the lots in the subdivision are developed with at least one
building, structure, or improvement that is subject to real property
taxation or that is subject to the tax on manufactured and mobile
homes under section 4503.06 of the Revised Code. After thirty-five
per cent of the lots are so developed, dairying and animal and
poultry husbandry shall be considered nonconforming use of land and
buildings or structures pursuant to section 519.19 of the Revised
Code.
Division
(B) of this section confers no power on any township zoning
commission, board of township trustees, or board of zoning appeals to
regulate agriculture, buildings or structures, and dairying and
animal and poultry husbandry on lots greater than five acres.
(C)
Such
sections confer no power on any township zoning commission, board of
township trustees, or board of zoning appeals to prohibit in a
district zoned for agricultural, industrial, residential, or
commercial uses, the use of any land for:
(1) A farm market where fifty per cent or more of the gross income received from the market is derived from produce raised on farms owned or operated by the market operator in a normal crop year. However, a board of township trustees, as provided in section 519.02 of the Revised Code, may regulate such factors pertaining to farm markets as size of the structure, size of parking areas that may be required, set back building lines, and egress or ingress, where such regulation is necessary to protect the public health and safety.
(2)
Biodiesel production, biomass energy production, or electric or heat
energy production if the land on which the production facility is
located qualifies as land devoted exclusively to agricultural use
under sections 5713.30 to 5713.37 of the Revised Code for real
property tax purposes. As
used in division (C)(2) of this section, "biodiesel,"
"biomass energy," and "electric or heat energy"
have the same meanings as in section 5713.30 of the Revised Code.
(3) Biologically derived methane gas production if the land on which the production facility is located qualifies as land devoted exclusively to agricultural use under sections 5713.30 to 5713.37 of the Revised Code for real property tax purposes and if the facility that produces the biologically derived methane gas does not produce more than seventeen million sixty thousand seven hundred ten British thermal units, five megawatts, or both.
(4)
Agritourism. However, a board of township trustees, as provided in
section 519.02 of the Revised Code, may regulate such factors
pertaining to agritourism, except farm markets as described in
division (C)(1)(B)(1)
of this section, as size of a structure used primarily for
agritourism, size of parking areas that may be required, setback
building lines for structures used primarily for agritourism, and
egress or ingress where such regulation is necessary to protect
public health and safety.
Nothing
in division (C)(4)(B)(4)
of this section confers power on a township zoning commission, board
of township trustees, or board of zoning appeals to require any
parking area to be improved in any manner, including requirements
governing drainage, parking area base, parking area paving, or any
other improvement.
Nothing
in division (C)(4)(B)(4)
of this section confers power on a township zoning commission, board
of township trustees, or board of zoning appeals to prohibit the use
of any land or the construction or use of buildings or structures
that are used primarily for vinting and selling wine that are located
on land any part of which is used for viticulture as provided in
division (A) of this section.
(D)(C)
Nothing in this section prohibits a township zoning commission, board
of township trustees, or board of zoning appeals from regulating the
location of medical marijuana cultivators, processors, or retail
dispensaries or from prohibiting such cultivators, processors, or
dispensaries from being located in the unincorporated territory of
the township.
(D)(1) As used in division (B)(2) of this section, "biodiesel," "biomass energy," and "electric or heat energy" have the same meanings as in section 5713.30 of the Revised Code.
(2)
As used in division (C)(3)(B)(3)
of this section, "biologically derived methane gas" has the
same meaning as in section 5713.30 of the Revised Code.
(2)(3)
As used in division (C)(4)(B)(4)
of this section, "agritourism" has the same meaning as in
section 901.80 of the Revised Code.
Section 2. That existing sections 303.21 and 519.21 of the Revised Code are hereby repealed.
Section 3. Section 519.21 of the Revised Code is presented in this act as a composite of the section as amended by both H.B. 523 and S.B. 75 of the 131st General Assembly. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the composite is the resulting version of the section in effect prior to the effective date of the section as presented in this act.