AGO 1993-053.

• Case Date: December 14, 1993
• Court: Ohio

Ohio Attorney General Opinions 1993. AGO 1993-053. December 14, 1993OPINION NO. 1993-053The Honorable David L. Landefeld Fairfield County Prosecuting Attorney 323 East Main Street Lancaster, Ohio 43130 Dear Prosecutor Landefeld: You have requested an opinion whether the bottling of water from a natural spring constitutes an agricultural use under R.C. 519.01. You have explained that a property owner in a township in your county wishes to bottle for sale the water of a natural spring on his property.

A Township Is Permitted to Engage in Limited Zoning Regulation of Land Used for Agricultural Purposes

R.C. 519.02 authorizes township zoning by providing that "the board of township trustees may in accordance with a comprehensive plan regulate by resolution ... the uses of land for trade, industry, residence, recreation or other purposes in the unincorporated territory of such township." Pursuant to R.C. 519.21(A), a township's zoning authority is limited as follows:

Except as otherwise provided in division (B) of this section,(fn1) 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. (Footnote added.)

R.C. 519.01's Definition of "Agriculture" Does Not Include the Bottling of Natural Spring Water

For purposes of R.C. 519.02-.25, "agriculture" means "agriculture, farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal and poultry husbandry." R.C. 519.01.(fn2) In order to constitute "agriculture," therefore, the bottling of spring water must come within the meaning of at least one of these terms. "Agriculture" is defined as "[t]he science, art, and business of cultivating the soil, producing crops, and raising livestock; farming." The American Heritage Dictionary 88 (2d college ed. 1985). "Farming" is the gerund (noun) form of the...