ANNAPOLIS, Md. — Martin Proulx took on a brand new position at the Maryland Department of Agriculture in 2023, tackling a challenge many farmers across the region know well: while agricultural producers are being pushed to expand their operations, the regulations surrounding those expansions haven’t evolved to match.
Farm operations that go beyond traditional growing — such as processing products on-site, welcoming visitors for agritourism activities, or serving prepared food — require farmers to navigate a maze of different government agencies. These ventures bring health departments, zoning boards, environmental agencies, and building code officials into the picture, often creating more confusion than clarity for farm owners.
Proulx joined the department from local economic development work as Maryland’s inaugural value-added agricultural specialist, tasked with helping farmers work through these regulatory challenges. This past January, his responsibilities grew when he became chief of marketing and agricultural development, incorporating value-added farming support into broader business development and promotional efforts.
The core issues he addresses haven’t changed much with his expanded role.
“When you talk about value-added agriculture being the processing of raw agricultural product, the serving overall of cooked foods, whether it be agritourism, food service, sampling at farmer’s markets, you realize that there are a number of other regulatory agencies that enter into the equation,” Proulx said.
Traditional farming typically operates under one set of rules, but diversified farm businesses find themselves caught between multiple regulatory systems that weren’t created with these hybrid operations in mind.
During his initial two years, Proulx traveled throughout Maryland, visiting each county to meet with zoning administrators, environmental health workers, building code inspectors, and economic development representatives. Instead of addressing specific farm conflicts, his mission was to learn how different localities interpret and apply regulations.
“It was really important to flip the script, if you will,” he said.
While Maryland operates under one state agriculture department, it contains 24 separate local governments — including Baltimore City — each maintaining distinct zoning laws and land-use definitions. Agricultural activities might be classified differently for environmental compliance, tax purposes, and zoning requirements. These varying definitions typically don’t create problems until farms attempt to diversify their operations.
“As value-added agriculture continues to expand in popularity and be an economically viable option for many of these diversifying farms, or maybe even new beginning farms, you realize that agriculture and commercial are two terms that become water and oil when you’re talking about land use and zoning,” Proulx said.
This conflict becomes most apparent in the licensing process. State permits for processing or food service are typically written in broad terms, applying the same standards to a farm using an existing outbuilding and a manufacturer in an industrial complex. Local authorities, however, might handle these identical activities very differently based on how “commercial” operations are defined within agricultural districts.
According to Proulx, this creates a regulatory framework that doesn’t always work well for farming operations. Infrastructure demands add another complication.
Requirements for permanent bathroom facilities, septic installations, and waste management systems might be reasonable for year-round commercial businesses, but they can be financially overwhelming for farms testing seasonal or limited-scale projects.
“Very frequently, the infrastructure investment for permanent restrooms or permanent waste disposal, septic systems, can often come with a very, very hefty price tag that small and diversifying farm operations may not be able to necessarily take on right away,” Proulx said.
These discoveries formed the basis for a comprehensive statewide guidance and analysis document about value-added agriculture and agritourism that the department released in October. Instead of recommending major regulatory overhauls, the document outlined the current system, identified common obstacles, and pinpointed opportunities where increased flexibility or clearer guidelines could help farms succeed.
Proulx reports that some improvements have emerged since the document’s publication. The department has internally reorganized to officially connect value-added agriculture with marketing and business development functions. Additionally, proposed regulatory modifications and legislative measures designed to create more adaptable, seasonal alternatives for on-farm food service are being reviewed.
For Proulx, this effort ultimately centers on keeping farms economically sustainable in a state experiencing development pressures and agricultural land loss.
“With all of the challenges facing Maryland’s agriculture, whether that be development pressure (or) loss of farmland, it’s really, really encouraging to see the passion and the patience within the industry in diversifying and finding these new opportunities for future generations,” he said.
