Ohio Rev. Code » Chapter 519
Ohio Revised Code

Ohio Rev. Code § 519.21 (2026)

Powers not conferred on township zoning commission by chapter

✓ current as of May 2026
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Effective:
March 20, 2026
Latest Legislation:
Senate Bill 56 - 136th General Assembly
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(A) Except as otherwise provided in divisions (B) and (D) 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) 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) 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) 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) Nothing in this section prohibits a township zoning commission, board of township trustees, or board of zoning appeals from regulating the location of marijuana cultivators, processors, or retail dispensaries or from prohibiting such cultivators, processors, or dispensaries from being located in the unincorporated territory of the township.

(E)(1) As used in division (C)(3) of this section, "biologically derived methane gas" has the same meaning as in section 5713.30 of the Revised Code.

(2) As used in division (C)(4) of this section, "agritourism" has the same meaning as in section 901.80 of the Revised Code.

Last updated January 16, 2026 at 2:47 PM

Notes of Decisions
Cited in 43 cases (8 in the last 5 years), 1958–2026 · leading case: Terry v. Sperry, 2011 Ohio 3364 (Ohio 2011).
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Terry v. Sperry, 2011 Ohio 3364 (Ohio 2011). · cites it 22× “That power, however, is limited by R.C. 519.21. 3 That statute is divided into three subsections and, in general, prevents townships from prohibiting the use of land for agricultural purposes (R.”
Marano v. Gibbs, 544 N.E.2d 635 (Ohio 1989). · cites it 9× “Second, we must consider whether former R.C. 519.21 exempts such land and structures from township zoning.”
Blue Heron Nurseries, L.L.C. v. Funk, 930 N.E.2d 824 (Ohio Ct. App. 2010). · cites it 12× “Blue Heron specifically sought a declaration that it was engaged in the practice of “agriculture” under R.C. 519.21(A) and thus was exempt from the township’s residential zoning restrictions.”
Benton Twp. v. Rocky Ridge Dev., L.L.C., 2020 Ohio 4162 (Ohio Ct. App. 2020). · cites it 10× “izing Rocky Ridge to beneficially reuse Drinking Water Treatment Material (“DWTM”), consisting of spent lime from the City of Toledo’s water treatment plant? SECOND ASSIGNMENT OF ERROR: Whether the Trial Court erred in granting a temporary restraining order, preliminary…”
Litchfield Twp. Bd. of Trs. v. Nimer, 2012 Ohio 5431 (Ohio Ct. App. 2012). · cites it 5× “21(A), townships cannot “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[]” or require a zoning certificate…”
Perry v. Providence Twp., 578 N.E.2d 886 (Ohio Ct. App. 1991). · cites it 5× “The common pleas court erred by finding that R.C. 519.21 precludes enforcement of Section 7.”
Litchfield Twp. Bd. of Trs. v. Forever Blueberry Barn, L.L.C., 2018 Ohio 345 (Ohio Ct. App. 2018). · cites it 15× “{¶3} On March 7, 2016, Blueberry Barn filed a motion to terminate the permanent injunction, arguing that it met the requirements for a viticulture zoning exemption under R.C. 519.21. A magistrate’s decision issued on June 7, 2016, lifted the injunction on the use of the barn…”
Litchfield Twp. Bd. of Trs. v. Forever Blueberry Barn, L.L.C., 2019 Ohio 322 (Ohio Ct. App. 2019). · cites it 20× “ASSIGNMENT OF ERROR THE TRIAL COURT ERRED, BY FINDING THAT APPELLEE/DEFENDANT PROPERTY OWNER HAS SATISFIED THE REQUIREMENTS TO ASSERT AN AGRICULTURAL EXEMPTION FROM ZONING REGULATION FOR VITICULTURE PURSUANT TO R.C. 519.21(A) AND IN MODIFYING A PERMANENT INJUNCTION WHERE THE…”
Freight, Inc. v. Bd. of Twp. Trs., 158 N.E.2d 537 (Ohio Ct. App. 1958). · cites it 6× “, commenced an action in the Common Pleas Court of Summit County for a judgment declar *289 ing that it is a public utility within , the meaning pf Section 519.21, Revised Code, and hence exempt from the operation, force and effect of the zoning regulations of Northfield Center…”
AgriGeneral Co. v. Lightner, 711 N.E.2d 1037 (Ohio Ct. App. 1998). · cites it 4× “01, AgriGeneral is engaged in an agricultural purpose, which states: “ ‘[AJgriculture’ includes * * * poultry husbandry and the production of poultry and poultry products * * The conflict which AgriGeneral cites is that the Mid-Ohio Fire Code appears to have been created and…”
Atwater Twp. Trs. v. Demczyk, 596 N.E.2d 498 (Ohio Ct. App. 1991). · cites it 4× “The court found that the construction of the lake and track was incidental to the agricultural purpose of breeding, raising and training horses and, therefore, exempt, pursuant to R.C. 519.21, from any requirement in the Atwater Township Zoning Resolution.”
State v. Huffman, 253 N.E.2d 812 (Ohio Ct. App. 1969). · cites it 4× “Appellant contends, also, (b) that the court erred in not holding that certain portions of the zoning ordinance were in conflict with the agricultural-use exemption discussed above as set forth in Section 519.21, Revised Code. However, Section 5 (1) of the zoning ordinance sets…”
Show all 43 citing cases →
— Ohio Rev. Code § 519.21(A) — 21 cases
Terry v. Sperry, 2011 Ohio 3364 (Ohio 2011). “That power, however, is limited by R.C. 519.21. 3 That statute is divided into three subsections and, in general, prevents townships from prohibiting the use of land for agricultural purposes (R.”
Blue Heron Nurseries, L.L.C. v. Funk, 930 N.E.2d 824 (Ohio Ct. App. 2010). “Blue Heron specifically sought a declaration that it was engaged in the practice of “agriculture” under R.C. 519.21(A) and thus was exempt from the township’s residential zoning restrictions.”
Litchfield Twp. Bd. of Trs. v. Nimer, 2012 Ohio 5431 (Ohio Ct. App. 2012). “21(A), townships cannot “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[]” or require a zoning certificate…”
Litchfield Twp. Bd. of Trs. v. Forever Blueberry Barn, L.L.C., 2019 Ohio 322 (Ohio Ct. App. 2019). “ASSIGNMENT OF ERROR THE TRIAL COURT ERRED, BY FINDING THAT APPELLEE/DEFENDANT PROPERTY OWNER HAS SATISFIED THE REQUIREMENTS TO ASSERT AN AGRICULTURAL EXEMPTION FROM ZONING REGULATION FOR VITICULTURE PURSUANT TO R.C. 519.21(A) AND IN MODIFYING A PERMANENT INJUNCTION WHERE THE…”
Litchfield Twp. Bd. of Trs. v. Forever Blueberry Barn, L.L.C., 2018 Ohio 345 (Ohio Ct. App. 2018). “{¶3} On March 7, 2016, Blueberry Barn filed a motion to terminate the permanent injunction, arguing that it met the requirements for a viticulture zoning exemption under R.C. 519.21. A magistrate’s decision issued on June 7, 2016, lifted the injunction on the use of the barn…”
— Ohio Rev. Code § 519.21(B) — 4 cases
Terry v. Sperry, 2011 Ohio 3364 (Ohio 2011). “That power, however, is limited by R.C. 519.21. 3 That statute is divided into three subsections and, in general, prevents townships from prohibiting the use of land for agricultural purposes (R.”
Perry v. Providence Twp., 578 N.E.2d 886 (Ohio Ct. App. 1991). “The common pleas court erred by finding that R.C. 519.21 precludes enforcement of Section 7.”
Terry v. Sperry, 930 N.E.2d 846 (Ohio Ct. App. 2010).
Union Twp. Bd. of Trs. v. Jordan, 2021 Ohio 3871 (Ohio Ct. App. 2021).
— Ohio Rev. Code § 519.21(B)(1) — 1 case
Union Twp. Bd. of Trs. v. Jordan, 2021 Ohio 3871 (Ohio Ct. App. 2021).
— Ohio Rev. Code § 519.21(C) — 2 cases
Terry v. Sperry, 2011 Ohio 3364 (Ohio 2011). “That power, however, is limited by R.C. 519.21. 3 That statute is divided into three subsections and, in general, prevents townships from prohibiting the use of land for agricultural purposes (R.”
State ex rel. Shamro v. Delaware Cty. Bd. of Elections, 2025 Ohio 941 (Ohio 2025).
— Ohio Rev. Code § 519.21(C)(2) — 1 case
Dovetail Energy, L.L.C. v. Bath Twp. Bd. of Zoning Appeals, 2022 Ohio 92 (Ohio Ct. App. 2022).
— Ohio Rev. Code § 519.21(C)(4) — 3 cases
Bainbridge Twp. Zoning Inspector v. Chagrin Valley Learning Collective Co-Op, 2025 Ohio 146 (Ohio Ct. App. 2025).
Powlette v. Dayton Bd. of Bldg. Appeals, 2020 Ohio 5357 (Ohio Ct. App. 2020).
Miami Twp. Bd. of Trs. v. Powlette, 2022 Ohio 3459 (Ohio Ct. App. 2022).
— Ohio Rev. Code § 519.21(D)(2) — 1 case
Bainbridge Twp. Zoning Inspector v. Chagrin Valley Learning Collective Co-Op, 2025 Ohio 146 (Ohio Ct. App. 2025).
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