The back-and-forth continues as to whether Union Grove Farm in Orange County will be able to move forward with its plan to build a 2,500-seat amphitheater on its property, again highlighting how a vague state law defining what constitutes agritourism is causing disputes.
WRAL Investigates has done numerous stories on the issue of agritourism and its loose definition, to include how that has enabled some late-night parties on farms.
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In a decision issued last month, Orange County's Planning and Inspections Director told Union Grove Farm that it could not proceed with plans to build an amphitheater, determining that it "is not a form of agritourism." Earlier this month, the farm filed an appeal for that decision, which the County Board of Adjustment will hear in October, according to a county spokesperson.
Union Grove Farm declined WRAL Investigates' request for an interview for this story, providing a written statement instead, which reads in part: "Union Grove Farm has filed a legal appeal challenging the ruling that prevents the construction of a Farm Stage, which is a critical component of the long-term vision to supplement and sustain agricultural operations through educational, entertainment and recreational activities."
The County approved Union Grove Farm's proposal to build a three-acre culinary farm, a distillery, and a Center for Regenerative Agriculture. It denied the farm's plan to build a 40-room inn and ten cottages on site, also saying that was not agritourism. Union Grove Farm is not appealing that decision.
As the farm appeals the amphitheater decision, nearby neighbors vow to continue their fight to stop it.
Susan Walser, who has lived a few miles from the farm for 30 years, is among the opponents of the amphitheater.
"[The amphitheater] was way out of the scope of anything we thought was appropriate for the community," she said. "So we banded together."
She and others are now organized as a group called Defend Maple View Community. The Union Grove Farm property sits on the site of what was long known as Maple View Farm under its prior owners.
Walser says she and others oppose the outdoor amphitheater, which would have roughly the capacity of the Durham Performing Arts Center, for several reasons. She cited traffic, a strain on emergency services, and noise concerns.
"I want to make it clear: We support farmers," Walser said. "We support farming and we support agritourism. We just don’t like the scope of the latest, what Union Grove Farm is doing."
"It’s very important for us to keep this a rural community and a farming community," she continued.
Derb Carter, an environmental attorney and neighbor of Union Grove Farm, also believes the amphitheater is inappropriate for the area. He believes state lawmakers need to more precisely define what constitutes agritourism, so that County governments are not put in the position of trying to interpret a vague law. WRAL Investigates previously reported that our reporting on the topic of agritourism is leading state lawmakers to consider doing just that.
"It’s not particularly clear where the dividing line is between legitimate agritourism and commercial activities that really aren’t agritourism," Carter said. "So counties have to struggle with deciding where that line is... I think it’d be helpful if the legislature provided more clarity on where that line is."
WRAL Investigates contacted State Senator Brent Jackson, who is among those spearheading the effort to more clearly define agritourism in state law, to see where things stand now.
He replied: "It is more than apparent to me we are going to have to change or tweak these laws sooner than later. But even sooner probably will not be until next session, as it appears at this time."