I have a lavender farm in Clackamas county and I am wanting to open up to u-pick for the summer. We are zoned Exclusive Farm Use (EFU) I have not been able to get a clear understanding from the county on whether having u-cut or u-pick requires any special permits or created any land use issues. Can you advise?
Also, if I wanted to set up a seasonal roadside stand on my property to sell produce that I have grown, would that be okay, or do I need permits and liability insurance?
Thanks for reaching out! I recognize that this can be a confusing topic at times. The OSU Center for Small Farms & Community Food Systems does have an agricultural tourism program website with lots of resources related to different on-farm sales and activity topics, so be sure to check this out. To access information in both English and Spanish, check out our OSU Extension agritourism topic page.
U-cut and U-pick
U-cut and U-pick are outright allowable on EFU land. This commonly includes:
- Orchard crops
- Pumpkins
- Christmas trees
- Berries
- Flowers
So, if you are just offering U-cut lavender you should not need a special conditional use permit through the county. This is stated in Oregon law ORS 215.203.
Farmstands and events
If you started offering events, a farm stand or other fee-based activities, this would be the type of thing you would need to contact the county planning department about. Usually, temporary seasonal stands that the public doesn't walk into do not need a permit (like a roadside stand) under ORS 215.203.
If your farmstand is permanent and larger for walk-ins, then it may require a farm stand permit through the county. If you are unsure, contact your local county planning department to see at what point they require a farm stand conditional use permit.
Insurance and liability
If you are having the public on your farm property, I highly recommend talking with your insurance agent to make sure you are covered. It may be your current policy covers simple direct sales, but it isn't always the case. Even things like visitors tripping on uneven ground can become a liability risk to you.
I also want to make you aware of the Oregon Agritourism Limited Liability Law (ORS 30.671). If the specific notice stated in the law is posted as signage on your property, you are afforded some protection as an agritourism operation if an incident occurs. This does not protect against negligence and it does not take the place of insurance, but it can be an extra layer of protection.
See our factsheets for additional details on the above topics, including signage regulations for limited liability:
Related content
