Can I Put a U-Pick Pumpkin Patch on My Property?

If you’re a landowner in Oregon, you may be thinking about creative ways to generate income from it. One such solution is a U-pick farm. From blueberries to corn, U-pick farms cut down on labor and storage costs while providing families with a fun experience of gathering their food. During the fall, you might even consider how fun it would be to own a U-pick pumpkin patch, complete with hayrides and spooky decor. So, what does it take to have a U-pick farm to meet regulatory requirements?

Oregon Laws Regulating Properties Zoned as Exclusive Farm Use

First, you’ll need a land parcel zoned for exclusive farm use (EFU.) In Oregon, properties zoned as EFU are subject to specific regulations to protect agricultural lands and ensure that farming activities are the primary use of the land. ORS 215.203 defines farm use as a for-profit activity and includes raising, harvesting, preparing, storing, marketing, and selling farm crops, livestock, or by-products raised on the farmland. According to this law, property owners may conduct these types of activities:

• Direct sales and marketing
• U-pick
• U-cut
• Christmas tree sales
• Community-supported agriculture (CSAs) (limited to crops grown and harvested on-site)
• Farm Stands

Farm Stands

Farm stands are structures designed and used to sell farm crops or livestock grown on the farm operation or other farm operations in the local agricultural area. Regulations allow farmers to have these structures on EFU property. They can also include the sale of retail incidental items and fee-based activities to promote the sale of farm crops or livestock sold at the farm stand. Here are some activities that can happen at a farm stand:

• Direct sales of farm crops and livestock produced on the farm or other farms in Oregon.
• Direct sale of processed farm crops and livestock grown on the farm, such as jams, syrups, and pickles.
• Sale of incidental retail items that promote farm crops and livestock being sold at the farm stand, such as bumper stickers advertising the farm or pumpkin carving kits.
• Fee-based activities intended to promote the sale of crops or livestock being sold at the farm stand, such as corn mazes, tours, pumpkin patches, hay rides (like the one out to your U-pick pumpkin patch!), farm animal exhibits, food preparation demonstrations, and outdoor farm-to-table dinners.

Restrictions

Of course, there are certain restrictions on farm stands and other EFU activities. Farm stands cannot be used for activities other than the sale of farm crops and livestock, and they cannot be used as residences or for banquets, public gatherings, or public entertainment. That means you can’t use part of the farm stand facility to host weddings or dinner events, at least not without further permission or permits from the city or county. Additionally, the total annual sales of incidental retail items and fees from promotional activities are limited to 25 percent of total annual farm stand sales. And some farmed goods like marijuana are prohibited from being sold at farm stands.

Other Considerations For Uses Like a U-Pick Pumpkin Patch

Insurance

You should always consult with your insurance representative to discuss various risks related to operating a business, including one that will allow customer foot traffic into commercial facilities and in the fields. For example, it’s a common risk that a customer may trip and fall in a retail location. Still, a U-pick farm has additional risks of a customer being stung by a hornet, bitten by a snake, or falling off a horse-pulled wagon on the way to the pumpkin patch. Your business insurance should be designed to mitigate risks appropriately.

Other City or County Requirements

Depending on your property, you may need to apply for other permits or approvals to conduct business on your EFU property. Professional land use consultants like Richard Stevens & Associates can help you identify all the steps you need to complete to open your business.

Let Richard Stevens & Associates guide you through the land use regulations for your property.

In summary, if your property is zoned as exclusive farm use in Oregon, you can potentially put a U-pick pumpkin patch on your property as part of a farm stand. U-pick pumpkin patches and other activities like corn mazes, hay rides, and farm animal exhibits can be included as fee-based activities to promote the sale of farm crops or livestock at the farm stand.

If you’re interested in developing your property into a business like a U-pick pumpkin patch, it’s important to consult with professionals who can walk you through all the land use issues you need to consider. At Richard Stevens & Associates, we specialize in assisting clients with obtaining rural and urban land use permits. Contact us today to learn how we can help you bring your visions to life.