Challenges of Small-Scale Farming in Clark County by Justin Burger
Challenges of Small-Scale Farming in Clark County
By Justin Burger, owner of Burger Family Farms and Friends of Clark County board member
Farming in Clark County is already tough, but for small farmers like me, the biggest challenge isn’t just the work, it’s navigating the complex, overlapping, and often contradictory regulations that make it nearly impossible to operate legally without significant financial and emotional strain.
Last year, I worked to open a small 10ft by 12ft farm stand on my property outside Yacolt, WA. Clark County had updated its codes to exempt farm stands from building code regulations, making it seem straightforward. However, the Washington Department of Labor and Industries (L&I) informed me that despite the county’s exemption, I still had to follow commercial building codes just to bring power and light my farm stand.
Even a solar-powered light was ruled non-compliant without a permit and a UL listing. The L&I inspector explicitly stated, “Anything that produces power requires a permit, even a small solar lantern.” This level of regulatory overreach is absurd and creates unnecessary financial burdens for small farmers simply trying to operate sustainably.
I was forced to spend tens of thousands of dollars to comply with state regulations and lost valuable sales during the peak 2024 season. Even after securing the necessary permits, an L&I inspector continued to impose additional requirements, making it clear that I needed his explicit approval for any future changes, electrical or otherwise to my farm stand.
To legally sell eggs and baked goods, I had to obtain multiple licenses and permits while ensuring compliance with water usage regulations. I spent countless hours and thousands of dollars on fees and equipment just to meet legal standards. Even after all that, I still worry that there will always be another unexpected requirement or official ready to enforce a rule differently than the last.
Perhaps the most shocking moment came when I was contacted by L&I about my supposedly “unpermitted electrical work” related to my solar-powered farm stand. Their response? A threat to cut off power to my home, without concern for the fact that I had an infant daughter. Instead of offering guidance, they simply told me to hire someone to install commercial power.
One of the biggest challenges is that there is no single place for a farmer to go to understand the web of state, county, city, and federal rules that could put them out of compliance. A farmer trying to follow the law should not have to spend thousands on consultants and government fees just to avoid penalties. The system is broken when the burden falls entirely on small farmers to navigate unclear and inconsistently enforced regulations.
These barriers discourage new farmers from entering the industry and make it harder for existing ones to expand. A new farmer without significant financial backing or another source of income would have no chance under this regulatory climate.
There is some hope on the horizon. Clark County has recently implemented an Agricultural Advisory Commission, which should give local farmers more of a voice. However, it’s hard to be optimistic when the real problems stem from overlapping and unequally applied regulations. If we want to support small farms, ensure local food security, and protect farmland, drastic change is needed.
It’s time to cut the red tape and start supporting the people who keep local agriculture alive.