Planning & Zoning Commission - 1196 (01/13/2026)

DEPARTMENT OF PLANNING AND DEVELOPMENT 
 
 
MEMORANDUM 
 
TO:  
Planning and Zoning Commission 
 
FROM:  
Mark Wujtewicz, Planner 
 
DATE:  
January 13, 2026 
 
TITLE:  
Staff Report:  Zoning Regulation Amendment – Application PL-25-21 
 
Sections 1- Definitions, 3.41, 3.41.1, 3.41.2(b, c, f and n), 3.41.3 and 6.1.2 as 
they pertain to the Purpose, General Provisions and Submission Requirements 
applicable to Agri-tourism 
 
 
  
 
 
EXECUTIVE SUMMARY 
 
This application has been submitted by the Waterford Planning and Zoning Commission pursuant to 
Section 28.2 of the Waterford Zoning Regulations to amend Sections 1 - DEFINITIONS, 3.41, 3.41.1, 
3.41.2(b), (c), (f), (n), 3.41.3 and Section 6.1.2 of the Zoning Regulations relative to Agri-tourism  
The proposed modifications to Section 1, Section 3.41 and Section 6.1.2 including the above referenced 
subsections are to more clearly establish the distinctions between those Agri-tourism uses which are listed 
as events and those which are listed as activities as well as eliminating some of the standards and criteria 
for compliance subsequent to the approval of a Special Permit. The uses that are listed as activities within 
Section 3.41 are considered accessory to the farming operation and will not be subject to the requirements 
of a Special Permit. Uses which are listed as events will still be subject to the requirements of a Special 
Permit. Once a Special Permit has been granted for an Agri-tourism event space, all uses as defined in the 
proposed definitions of events can be conducted on the property.  
This application was received by the Commission on December 16, 2025. 
The application was posted in the Office of the Waterford Town Clerk on December 22, 2025. 
The Public Hearing was advertised in The Day newspaper on December 30, 2025 and January 6, 2026. 
The date of Public Hearing was January 13, 2026. 
 
BACKGROUND 
 
Pertinent Regulations 
Connecticut General Statutes 
CGS 8-3(a) 
 
 
 
 
FIFTEEN ROPE FERRY ROAD 
WATERFORD, CT 06385-2886 

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Waterford Zoning Regulations 
Section 1 – Definitions 
Section 3.41 – Agri-Tourism 
Section 6.1.2 – Rural Residential District (RU-120) 
Section 28 – Amendments 
 
Waterford Zoning Regulations 
Added Text        
Deleted Text       
Existing text to remain 
Section 1 – DEFINITIONS (Effective Date: 10/4/24) 
Farm Promotional Events: 
Events that are open to the general public including but not limited to Farm-to-Table 
Dining Experience, Educational Farm Tours and Workshops 
Farm Catering and Banquet Events: 
Private events such as weddings, private parties and similar uses not open to the general 
public. 
 
Section 3.41- AGRI-TOURISM (Effective Date, 1/29/18, Revised 6/4/25)  
Purpose: 
The purpose of this regulation is to allow Agri-tourism uses in Waterford, while 
maintaining rural character, preserving farmland, and protecting the health, safety and 
welfare of the citizens. Agri- tourism presents a unique opportunity to combine aspects of 
tourism and agriculture to provide a number of financial, educational and social benefits 
to the community while allowing farmers to supplement their farming activities with 
activities and events directly related to the farm and farming. Agri-tourism aActivities 
are multi-day seasonal uses which that are accessory to the Farm and Farming 
Operation. They include, but are not limited to u-pick operations, hay rides, corn mazes, 
petting zoo, cut your own Christmas trees, farmer’s markets, wine tasting, horseback 
riding, carriage rides, sleigh rides, ice cream facilities, and garden tours. Agri-tourism 
activities are not subject to the issuance of a Special Permit. Agri-tourism eEvents are 
single day uses or multi-day uses with each day having a defined start and end time. 
Agri-tourism events may include Farm Promotional Events in addition to Farm Catering 
and Banquet Events. Multi-day uses events shall not exceed three consecutive days. 
Existing Special Permits issued for Agri-tourism shall conform to the requirements of 
these regulations or any amendment thereto. Agri-tourism activities and events may be 
permitted only in the RU-120 Zone District. 
3.41.1. At a minimum, Aagri-tourism activities events shall be permitted in accordance 
with the provisions contained herein, subject to the issuance of a Special Permit 
in conformance with Section 23 of these Regulations. 
 
3.41.2(b) - Agri-tourism activities and events shall be limited to the areas as shown 
on an approved Site Plan, including outdoor and indoor areas of the farm 
property. 
3.41.2(c) – All parking and areas associated with activities and events shall be no 
closer than 150 feet from all property lines. 

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3.41.2(f) - No more than one (1) Agri-Tourism event shall take place simultaneously., 
no more than two events shall take place in any week running from 
Monday to Sunday, and no more than one event shall take place on any 
weekend running from Friday through Sunday. No more than 25 total 
Agri-tourism events may be permitted in a calendar year. Each multi-day 
event shall count toward the maximum number of Agri-tourism events 
permitted in a calendar year. The Commission may impose conditions to 
further limit the number and time of activities and events to mitigate 
adverse impacts to neighboring properties. 
3.41.2(n) -  A Zoning Compliance Permit shall be required for any activity or event to ensure 
compliance with the Special Permit. Applications for Zoning Compliance shall 
be made at least 7 days prior to the event. The Commission may impose 
conditions to limit the number and time of events to mitigate adverse impacts to 
neighboring properties. 
 
3.41.3 - Submission requirements: 
In addition to the requirements of Section 22 & 23, the Special Permit 
Application to conduct Agri-tourism events shall also include, at a 
minimum, the following information: 
a. 
A statement describing the availability of adequate public utilities or on-
site water and septic capabilities. 
b. A sworn, notarized statement by the property owner acknowledging 
requirements to comply with all applicable public health, fire, and 
building codes. 
c. 
A copy of the deed for the subject parcel. 
 
6.1.2 - Farming, except piggeries and the raising of animals for the production of pelts. 
 
An Agri-tourism activity as defined in Section 3.41 shall be considered an accessory 
use to the principal farming use and shall include but not be limited to seasonal 
activities such as pick-your-own operations, hay rides, corn mazes, petting zoo, cut your 
own Christmas trees, wine tasting, horseback riding, carriage rides, sleigh rides, 
garden tours and other similar activities 
 
 
Roadside stands not over 200 square feet in size, only when used for the sale of farm 
products, shall be permitted only if such stand is accessory to a farm use existing on 
the lot on which said stand is located, All such stands shall be set back 15 feet from 
the front property line and shall be provided with at least three off-street parking 
spaces in addition to those parking spaces required to serve the other uses of the 
property.  All of the products offered for sale at any stand established under this 
provision shall have been grown or produced on said property. 
 
 
 
 
 
 
 
 

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DISCUSSION 
 
Section 1 - DEFINITIONS 
The regulation amendments as proposed introduce two uses listed as Agri-tourism events. These 
events, “Farm Promotional Events” and “Farm Catering and Banquet Events”, are currently not defined 
within the Zoning Regulations. As such, the addition of these uses must be defined within the context of 
the Zoning Regulations.  
Section 3.41- AGRI-TOURISM  
The regulation amendments proposed are designed to distinguish between those Agri-tourism uses 
which are activities and those which are events. While the existing regulations established these uses as 
distinct types of uses, the permitting process for the two types were similar. Both categories (Activities 
and Events) required a Special Permit and Site Plan review and approval by the Planning and Zoning 
Commission (Commission). The purpose of the regulation amendments proposed throughout Section 3.41 
and its subsections is to remove Special Permit and Site Plan review and approval for Agri-tourism 
activities only and to list them as accessory uses associated with a farm or farming operation. By 
establishing Agri-tourism activities as accessory uses they are considered to be customary and incidental 
to the farm or farming use. An Accessory Use is defined within the Town of Waterford Zoning 
Regulations as “a subordinate use which is clearly incidental to and customary in connection with the 
main building or use and which is located on the same lot with such main building or use.” The accessory 
uses that are proposed to be listed within Section 6.1.2 are incidental and customary to a farm or farming 
use in that they cannot operate unless a farm or farming operation occurs as a principal use on the parcel.  
Proposed language within Section 3.41 also states that, “Agri-tourism activities are not subject to the 
issuance of a Special Permit”. This proposed language further clarifies that any of the uses listed as Agri-
tourism activities within Section 3.41.2 and 6.1.2 do not require review and approval of a Special Permit 
and Site Plan by the Commission.  
Proposed text changes for Sections 3.41.1, 3.41.2(b), 3.41.2(f) and 3.41.2(n) removes “Agri-tourism 
activities” from being subject to Special Permit review and approval while still requiring “Agri-tourism 
events” defined in Section 1 and as listed within Section 3.41, subject to the issuance of a Special Permit 
and Site Plan. The amendment to Section 3.41(f) also removes the maximum number of events that can 
be held during a week as well as removes the maximum number of events that can be held in a calendar 
year. The proposed modification to Section 3.41.2(n) also removes the requirement that a Zoning 
Compliance application be submitted for review for any event at a location that has received a Special 
Permit and Site Plan approval for conducting Agri-tourism events. The Commission retains the ability to 
impose conditions that may limit the number and time of events in order to mitigate any potential adverse 
impacts to neighboring properties at the time it reviews an application for a Special Permit to allow Agri-
tourism.  
The Commission previously enacted Agri-Tourism regulations in 2018 in order to encourage the 
preservation of undeveloped farmland and by allowing the continuation of farms with income generating 
activities and events directly related to the farms and farming operations. The regulation amendments 
which are the subject of this application further increase the ability of farms and farming operations to 
remain sustainable by providing additional opportunities for Agri-tourism activities.   
Pursuant to Connecticut General Statutes Section 8-3a, before the Commission acts upon an 
application to amend the Zoning Regulations of the Town of Waterford, it must find whether or not the 
amendments being proposed are consistent with the goals, policies and objectives contained in the 2012 
Waterford Plan of Preservation, Conservation and Development, herein after called the Plan. 
 

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RECOMMENDED ACTION 
 
Based on the information provided, staff recommends the Planning and Zoning Commission find that:  
 
Findings: 
1. Application PL-25-21 meets the requirements of Section 28 of the Waterford Zoning Regulations. 
2.  Application PL-25-21 meets the requirements of Connecticut General Statutes Chapter 124 §8-3 
governing changes of zoning regulations and districts. 
3. The proposed regulation amendments are consistent with the Plan in meeting the stated goals of 
the Sustainability/Resiliency Chapter (Pg. 40). 
4. The proposed regulation amendments further encourage additional means to continue to support 
local farmers and farming by allowing Agr-tourism defined activities to operate as an accessory 
use to a farm and farming operation without being subject to the requirements of a Special Permit 
and Site Plan review (Pg. 42). 
 
Proposed Motion: 
That the Commission approve Application #PL-25-21 to amend Zoning Regulations Sections 1 – 
Definitions, 3.41, 3.41.1, 3.41.2(b, c, f and n), 3.41.3 and 6.1.2 and adopt the findings 1 thru 4 of the 
Staff Report dated January 13, 2026. 
 
Effective Date: February 20, 2026 

January 1, 2012 
 
40 
 
 
ENHANCE 
 
 
Sustainability / Resiliency 
 
GOAL 
 
 
 
Promote activities that are more sustainable over the long term and 
help to create a resilient community. 
 
 
 
For this Plan, “sustainability” refers to the philosophy of encouraging activities that allow present genera-
tions to meet their needs without compromising the ability of future generations to meet their needs.  The 
term “resiliency” refers to the community’s ability to readily recover from sudden changes or adversity. 
 
Although the future cannot be determined with certainty, it is becoming more apparent that resource 
availability and utilization will likely have greater importance.   This will undoubtedly impact residents 
and businesses in Waterford in ways we may not yet fully foresee.  To ensure it is a “resilient” communi-
ty, Waterford should start investigating and implementing, as appropriate, sustainability measures to 
preserve resources and maintain a healthy quality of life for future generations.   
 
The Town of Waterford should be a leader in sustainable practices. 
 
Residential Solar Collector 
 
Sustainability 
 
 
 

January 1, 2012 
 
42 
 
C. Encourage Farms and Farming 
 
Having more food grown locally 
and available locally helps make 
Waterford a more sustainable and 
a more resilient community.   
 
Waterford should seek ways to 
support local farmers and farming 
since this could provide a number 
of health, nutrition, and economic 
benefits for residents.  In addition 
to the farmer’s market, it might 
also include roadside farm stands. 
 
 
Farm Stand 
 
Farm Produce