Chapter 6.2
Food Security and Sovereignty

• ALL
• Remove Code Barriers
• Create Incentives
• Fill Regulatory Gaps

Setbacks and Buffers between Non-Agricultural and Agricultural Areas

INTRODUCTION

American farms face continued pressure from increased urbanization and loss of agricultural land. As the U.S. population increases, the pressure for new land to be developed also increases. The use of new land for development can lead to the loss of prime agricultural areas.[1] Furthermore, as more people live near farms, there are continued nuisance complaints filed against farmers based on noise, dust, odors, and more.[2] Many locations are looking for options that can help limit the loss of agriculture and simultaneously reduce complaints due to conflicting land uses.

One method that may combat both the loss of farmland and nuisance complaints is the use of setback requirements from agricultural land. Setbacks are the distance from a property line to where a building may be built.[3] Setbacks are used in many zones to separate different land uses and help maintain an ordered aesthetic in communities. For example, an ordinance may require a minimum setback of 30 feet from any right-of-way, and a minimum setback of 20 feet from adjacent lots.[4] Ordinances may place setback requirements on the lot that will be used for nonagricultural purposes, which can help discourage or reduce development in agricultural areas.[5] Setbacks can also help to separate conflicting land uses, which can reduce complaints from either lot.[6]

In addition to setback requirements, areas may also require buffers to separate agricultural and nonagricultural uses.[7] Buffers come in many forms, but in general buffers are areas of land with permanent vegetation designed to intercept pollutants, noise, dust, and other objectionable materials.[8] Some examples of buffers include riparian buffers, shallow water buffers, and contour grass strips.[9] An example buffer ordinance may require a minimum buffer width such as 15 feet[10], or some areas will vary the buffer width requirement depending on the type of buffer used.[11] Buffers provide great protection between conflicting land uses, and as discussed below, can provide other benefits in agricultural areas (for additional examples of setbacks and buffers see our briefs on Setbacks Protecting Sensitive Habitats and Water Quality and Minimum Width and Buffer Requirements for Sidewalks).

Local governments have begun requiring setbacks and buffers for new development adjacent to agricultural land. Some localities require minimum setbacks only for specific development projects such as condominiums and subdivisions,[12] while other local governments require minimum setbacks for all new development adjacent to agricultural land.[13] In addition to minimum setback requirements, some areas require the use of a buffer within the setback.[14] Similarly, some localities require minimum buffer distances instead of requiring setbacks.[15]

Some local governments have taken a more flexible approach to setbacks in order to ensure more appropriate use of each specific lot. Some local governments provide varying setback and buffer requirements depending on the type of agricultural use.[16] Additionally, other jurisdictions permit the use of buffers to lower the minimum setback requirements.[17] Likewise, some local governments provide developers with the option of choosing either a large setback or a shorter buffer.[18] Finally, still others determine minimum setback requirements on a lot-by-lot basis, to ensure the most appropriate distance is required.[19]

EFFECTS

Requiring setbacks for new development adjacent to agricultural land provides many benefits. To begin, setbacks can help limit nonagricultural uses in areas designated as agricultural areas.[20] Setbacks limit the amount of land that may be developed, which may discourage development in some areas and preserve the rural character of the community.[21]

Moreover, setbacks from agricultural land help separate opposing land uses.[22] Residential development near agricultural land may lead to nuisance complaints due to agricultural noise, pesticide run-off, and dust.[23] Furthermore, setbacks can help protect against odors that may emanate from animal operations.[24] The use of setbacks for lots adjacent to agriculture can help limit all of the above-mentioned nuisances, which may help reduce nuisance suits against farmers.[25] Similarly, the use of buffers in addition to setbacks provides better separation between different land uses than setbacks alone.[26]

Buffers have also been known to provide environmental and aesthetic benefits. Buffers provide vegetation in areas that may have otherwise been empty space.[27] The addition of certain vegetation can help reduce soil erosion.[28] Additionally, vegetative buffers can provide a habitable environment for many animals.[29] Proper construction of buffers can also help minimize soil run-off into nearby water supplies[30] (for more information on how setbacks and buffers can help protect waterways see our brief Setbacks Protecting Sensitive Habitats and Water Quality). Buffers also help filter water, reducing the amount of chemicals that may leak into nearby ecosystems.[31] Furthermore, planting of new vegetation may increase the aesthetic appeal of the land where the buffer is placed and can provide walking paths for the community.[32]

However, limiting the amount of land that may be developed may lower developers’ profit, making it hard to meet necessary returns on investment, and excessively large setbacks may discourage further development.[33] New development can provide new jobs and increase local tax revenue.[34] If new development is discouraged, then the aforementioned benefits may be lost to some communities. When deciding on lengths of setbacks, it is essential to strike a balance between protecting agriculture and allowing new development. Communities can protect agricultural land and encourage new development by concentrating development in areas away from protected agricultural land.

Buffers may help address some of these issues as they may be able to provide agricultural protections in smaller areas. As mentioned previously, buffers provide protection between adjacent land uses.[35] Many communities can receive similar benefits by using smaller areas with buffers instead of setbacks.[36]

Unfortunately, buffers may present some difficulties of their own. Buffers may be expensive to build, and some may require maintenance and upkeep.[37] Buffers also require lots of planning to ensure they provide the desired benefits.[38] Improperly designed buffers may not provide adequate separation of land uses.[39] Local governments should also consider types of vegetation and prohibit invasive plants or require native plants to promote local ecosystems (for our briefs on native and invasive species see Native Plants/Vegetation, Removal of Exotic Vegetation, and Native Trees and Removal of Invasive Trees).[40] Local governments must design buffers in accordance with local topography, local ecosystems, soil conditions, and other environmental conditions.[41]

EXAMPLES

Lumpkin County, GA

Lumpkin County, Georgia, has various setback requirements for new development in its Agricultural Preservation Character area.[42] There are general setback requirements that all new development must follow, and there are certain specific requirements that must be met depending on the development type.[43] All new subdivision development must maintain a 30-foot setback from right-of-ways and a 20-foot setback from all other property lines.[44] If the new development is not a subdivision, then the ordinance requires a 50-foot setback from right-of-ways and a 20-foot setback from all other property lines.[45]

Furthermore, to avoid conflicts between agriculture and nonagricultural uses, additional setbacks are required for nonagricultural use in this district.[46] Non-residential development requires a 150-foot setback from property lines that are adjacent to agricultural land.[47] Any residential dwelling within a subdivision of three or more lots must maintain a 300-foot setback from property lines adjacent to agricultural land.[48] Additionally, residential land use categories require vegetative buffers on the property line adjacent to agricultural land.[49] Single-family residential lots require a 150-foot vegetative buffer and multi-family residential lots require a 200-foot buffer.[50] Requiring both setbacks and buffers near agricultural land protects natural areas and limits conflicts that may arise between agricultural use and other land uses.

To view the provision see Lumpkin County, GA, Code of Ordinances § 27-51 (2020).

Skamania County, WA

Skamania County, Washington, requires minimum setbacks from all agriculture for new developments adjacent to agricultural land.[51] Skamania County has different setback requirements depending on the type of agricultural activity in operation, however, if crops are rotated then the larger setback distance is required.[52] Orchards require a 250-foot setback, row crops or vegetables require 300 feet, livestock grazing and pastures require 100 feet, grains require 150 feet, and berries and vineyards require 150 feet.[53] Other agricultural activities not listed require a 100-foot setback.[54]

In addition, Skamania County permits the use of vegetative buffers or berms to lower setback requirements.[55] For instance, if a vegetative buffer or berm is used on land adjacent to orchards the setback can be lowered to 100 feet or 75 feet respectively.[56] This provides flexibility to developers, so that the most appropriate action can be taken to separate nonagricultural uses from agriculture. Ordinances such as this can protect agricultural land without limiting development in smaller lots where larger setback requirements might be a hindrance.

To view the provision see Skamania County, WA, Code of Ordinances § 22.14.010 (D) (2008).

Butte County, CA

Butte County, California, requires different setbacks from orchards and vineyards and agricultural buffer areas.[57] New residential development near orchards and vineyards must be set back as far as practicable, but no less than 25 feet.[58] For dwellings adjacent to agricultural buffer areas the required setback is 300 feet.[59] This setback can be adjusted through a review process, however, the adjustment will not modify the adjacent agricultural use.[60] Adjustments are considered when the 300-foot setback is either infeasible or unnecessary depending on parcel size and shape, location, natural features, and topography.[61] Ordinances like this provide protection to agricultural areas, while allowing flexibility to ensure that setbacks are specified to the particular development site.[62]

To view the provisions see Butte County, CA, Code of Ordinances §§ 24-56.1, 24-83, 24-84 (2016).

ADDITIONAL EXAMPLES

Ann Arbor Charter Township (Washtenaw Co.), MI, Code of Ordinances § 74-547 (f) (3) (2017) (requiring setbacks for subdivisions and condominiums adjacent to agricultural land in the Agricultural Preservation Residential District).

St. Lucie County, FL, Land Development Code § 7.01.03. (J) (2012) (requiring setbacks for planned unit developments adjacent to agricultural land).

Cecil County, MD, Zoning Ordinance §§ 12, 22-23 (2011) (requiring buffers or a 300-foot setback between nonagricultural uses and agriculture in two agricultural districts).

Town of Hermon, ME, Land Use Ordinance § 4.3.7 (A) (2010) (requiring 100-foot deep buffers for any nonagricultural uses adjacent to agricultural uses in the Agriculture/Forestry District and Rural Residential District).

Kent County, DE, Zoning Ordinance § 205-52 (C) (current through 2009) (requiring buffers to be at least 15 feet in their Agricultural Conservation District, and exempting agricultural properties from this requirement).

ADDITIONAL RESOURCES

GEI Consultants, Inc., Efficacy and Economics of Riparian Buffers on Agricultural Lands (2002), https://perma.cc/X4MU-AX25 (analyzing the economic impacts of buffers on agricultural land).

National Research Council, Watershed Management for Potable Water Supply (2000), https://perma.cc/4X6E-EA8B (providing detailed information regarding the design of buffers).

Julia Freedgood et al., Farms Under Threat: The State of the States (2020), https://perma.cc/5FNU-HR2U (providing state and local options for protecting agricultural land).

American Farmland Trust, Agricultural Protection Zoning (1998), https://perma.cc/QUG7-KHQN (providing benefits and drawbacks of agricultural protection zoning).