Stalemate in Kansas Legislature leaves Lenexa educational farm in regulatory limbo

Shawn Lagemann, CEO and co-owner of Walnut Pond Agricultural Discovery Center, says she was disappointed with Gov. Laura Kelly's veto of a bill designed to shield educational farms from local government regulatory overreach. (Kansas Reflector screen capture of Legislature's video)

TOPEKA — Shawn Lagemann asked the Kansas Legislature to wade into a dispute pitting her vision of agricultural tourism and education against the city of Lenexa’s blueprint for regulation and zoning of rural properties in the path of economic development.

Lagemann, CEO and co-owner of Walnut Pond Agricultural Discovery Center, said the plea for help came after Lenexa eliminated all agriculture zoning from its comprehensive plan. She asked state lawmakers to place in statute a definition of agritourism that differentiated between private agricultural education organizations and business entities such as petting zoos or wedding venues open to the public.

“What we are trying to do at Walnut Pond is show kids real food,” she said. “Let them have an appreciation for the animals that are raised. Or, better yet, they can pick the tomato off the vine and eat it in the garden.”

In March, she asked state legislators to shield nonprofit agricultural education entities — including Walnut Pond, which is closed to walk-in customers — from unnecessary city ordinances and extraordinary infrastructure requirements.

The Legislature responded in mid-April by passing a bill prohibiting cities or counties in Kansas from enforcing building codes, ordinances, resolutions or other legal actions to control private, registered agritourism operations. The exemption from municipal oversight under House Bill 2111 covered regulations on health and safety, property maintenance, facility usage and extended to permits, licenses and fees.

The Kansas Department of Commerce and the cities of Shawnee and Overland Park objected to legislation, which was passed 71-49 by the House and 27-13 by the Senate.

In response, Democratic Gov. Laura Kelly vetoed the bill. She put pen to paper after the 2026 Legislature adjourned for the year, meaning there was no opportunity to override the veto.

Kelly said the legislation appeared well-intentioned, but she was concerned it represented interests of a lone entity rather than the agricultural tourism industry as a whole. The governor said it was irresponsible of the Legislature to ram through a last-minute bill with potential far-reaching consequences. She also was concerned the House and Senate had ignored home-rule authority of local government.

“I do not support the Legislature’s continued attempts to infringe on local control, and this bill is another example of that,” Kelly said.

 

Not quitting

In an interview Tuuesday, Lagamann said she was disappointed by the veto. She said the bill blocked by the governor wasn’t the version she would have preferred, because it looked too much like a “get out of jail free card” for Walnut Pond and other farms like it. She has little interest in getting tangled in a lawsuit, but she expects Lenexa officials to continue pursuing development plans inhospitable to farms or ranches.

“It’s been an interesting ride,” Lagemann said. “We’re going to keep operating as usual.”

Shawn and John Lagemann bought Walnut Pond Ranch in 2022 and dedicated three years to developing the property into the Agricultural Discovery Center. The goal was connecting Kansans to an agrarian lineage so more understood what it required to produce food.

The ranch covers 80 acres and features a stocked pond and 4 miles of wooded trails. There are hay fields and gardens for vegetables, including heirloom varieties. Livestock enclosures host cattle, donkeys, horses, pigs, goats and poultry. Some produce is sold to the public.

Three-quarters of Walnut Pond’s educational demonstrations occur away from the property and one-fourth at the farm through reservations, Shawn Lagemann said.

“What we are doing is important and needed,” she said.

In 2023, Lenexa’s zoning included “education” as part of the agricultural category. Shawn Lagemann said they met with the city and complied with requests to bring infrastructure up to code. Other steps, including burying electrical lines, were done voluntarily, she said.

The City of Lenexa adopted a new comprehensive development plan in July 2024 that eliminated all agricultural zoning within city limits. The education category within zoning documents was replaced by a “cultural” category, Shawn Lagemann said.

She said the appeal to the Legislature was intended to protect Walnut Pond from being compelled by the city to install paved parking lots and sidewalks, restrooms suitable for people with disabilities, water fountains and commercial-grade electrical systems.

 

The debate

Rachel Willis, director of legislative affairs for the Kansas Department of Commerce, said the agency opposed exempting certain agritourism operations from local code and regulation enforcement. She said proposed legislation would preempt municipal governance and put the public at risk.

She said to intersection of agriculture and tourism occurred when the public visited a working farm, ranch, winery or heritage site for recreation, education, shopping, dining and lodging. The legislation tied to Walnut Pond would have created a category of agritourism where the location was open by invitation, Willis said.

“When an operation is limited to invited guests only, it moves away from the traditional concept of tourism and instead resembles a private event or private use of agricultural property rather than a tourism activity,” Willis said. “Creating a new category of agritourism that is not open to the public and exempt from local regulatory authority raises concerns about both the integrity of the agritourism program and the safety and governance structures that support it.”

Shawnee City Manager Paul Kramer said he opposed the legislation because it would foster inconsistent safety standards and undermine municipal government control.

“Local governments are best positioned to understand the risks and safety needs within their communities,” Kramer said.

Sen. Mike Thompson, a Shawnee Republican and ally of Walnut Pond’s owners, said expanding municipalities were targeting undeveloped areas in a way that disregarded what remained of farming.

He said it was wrong for Lenexa to treat Walnut Pond as a commercial business open for unscheduled walk-ins. The Legislature should prevent cities or counties from micromanaging privately owned farms serving groups of children and parents, he said.

“Cities frequently come to the Legislature in Topeka to demand we not encroach on their ‘home rule’ powers, yet they never seem to hesitate to find ways to regulate and tax private property owners,” Thompson said.