VIRGINIA LAW PORTAL

• Code of Virginia
• Virginia Administrative Code
• Constitution of Virginia
• Charters
• Authorities
• Compacts
• Uncodified Acts
• RIS Users (account required)

SEARCHABLE DATABASES

• Bills & Resolutions
  session legislation
• Bill Summaries
  session summaries
• Reports to the General Assembly
  House and Senate documents
• Legislative Liaisons
  State agency contacts

ACROSS SESSIONS

• Subject Index: Since 1995
• Bills & Resolutions: Since 1994
• Summaries: Since 1994

Developed and maintained by the Division of Legislative Automated Systems.

2006 SESSION

• history | hilite | pdf | print version

CHAPTER 794 An Act to amend the Code of Virginia by adding a section numbered 15.2-2288.2, relating to local regulation of farm wineries. [H 1435] Approved April 6, 2006

 

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 15.2-2288.2 as follows:

§ 15.2-2288.2.  Licensed farm wineries; local regulation of certain activities.

A.  Localities may not require that a special exception or special use permit be obtained for the processing of wine by licensed farm wineries.

B.  No locality may adopt any requirements for special exceptions or special use permits relating to licensed farm wineries that would be more restrictive than its requirements in effect as of January 1, 2006.  Further, any special exception or special use permit in effect as of January 1, 2006, shall remain in effect until July 1, 2007, unless such exception or permit is either no longer required by the locality or is amended to be less restrictive.

C.  No locality may, as related to farm wineries, adopt any requirements for special exceptions or special use permits or enforce any existing restrictions or conditions that (i) prohibit music or the amplification of music, except as necessary to prevent such music from being audible beyond the farm winery property or property adjacent thereto owned or controlled by the owners of the farm winery, unless consent is obtained from all affected adjacent property owners, (ii) regulate private personal parties held by the owners of the farm winery who reside at the farm winery or on property adjacent thereto owned or controlled by the owners of the farm winery at which event wine is not sold or marketed and for which no consideration is received by the farm winery or its agents, or (iii) are more restrictive as to the construction or expansion of farm winery facilities, as long as such facilities are for farm wine production or processing, as compared to other agricultural facilities in agricultural districts.

2.  That the Office of the Secretary of Agriculture and Forestry shall continue its examination of the economic viability of the farm winery industry in Virginia.  In doing so, the Secretary shall (i) assess the profitability of farm wineries, industry trends, current marketing and promotional efforts, capabilities and authority, (ii) consider the findings of previous relevant studies on Virginia farm wineries, (iii) develop recommendations, including legislative, administrative or other recommendations as appropriate for how the state can better foster the economic viability of Virginia farm wineries, and (iv) report such recommendations to the Governor and the General Assembly no later than November 20, 2006.

The examination and recommendations shall also address the relationship between farm wineries and the communities in which they operate, including an assessment of local land use regulations as they relate to efforts to market Virginia wines through activities, whether held inside or outside farm winery structures, such as wine tastings, special events such as wine festivals, or other promotional activities held at farm wineries, and the potential for a more efficient and streamlined permitting process for such activities.  Finally, the Secretary shall examine agritourism in Virginia as it relates to the on-farm marketing of agricultural products, including the benefits and negative impacts that such marketing has on farms, surrounding communities and on the Commonwealth as a whole.

The following agencies and organizations shall be included in this coordinated effort in a manner that is equally representative of all interested parties: the Virginia Department of Agriculture and Consumer Services, the Virginia Department of Alcoholic Beverage Control, the Virginia Wineries Association, the Virginia Vineyards Association, the Virginia Wine Travel and Tourism Office, the Virginia Hospitality and Travel Association, the Virginia Farm Bureau, the Virginia Agribusiness Council, the Virginia Association of Counties, the Virginia Municipal League, the Virginia Tourism Corporation, and any other agencies or organizations deemed appropriate by the Secretary of Agriculture and Forestry.

3.  That the provisions of subsections B and C of § 15.2-2288.2 of this act shall expire on July 1, 2007.