South Carolina law now protects farmers’ roadside markets from commercial zoning, regulation

House Bill 5097 passed both chambers of the General Assembly without a single opposing vote. The House approved the bill 106-0 in February and concurred with Senate amendments 98-0 in May. The Senate passed it 45-0.

Under the new law, a roadside market is defined as a direct-to-consumer sales point on a farmer’s own leased or owned property where that individual farmer sells goods produced on the farm, including fresh produce, honey, eggs and jellies. Multi-vendor farmers’ markets are not covered under the definition.

The legislation bars counties and municipalities from classifying roadside markets as commercial operations for zoning purposes and exempts them from local stormwater regulations, building codes, permitting and inspection requirements that would otherwise apply to commercial or retail structures.

Farmers who pursue voluntary certification through the South Carolina Department of Agriculture’s Roadside Market Incentive Program remain subject to that program’s requirements. The law took effect immediately upon the governor’s signature.