Agricultural Land Protection Districts
Andrés Jiménez-Franck (author), Katie Gatzke, Sara Bronin, Jonathan Rosenbloom, & Margot Pollans (editors)INTRODUCTION
The adoption of voluntary agricultural preservation districts (“VADs”) provides an opportunity for local governments to protect small and mid-scale farming. Across the U.S., small and mid-scale farming is declining due to urban sprawl and development.[1] VADs are one method to help slow this decline.[2] VADs are a form of zoning district that contain additional provisions applicable only upon a landowner’s voluntarily application.
When a landowner applies and the property is approved for VAD permitting, the land can be cultivated without the threat of nonfarm development.[3] Once land is specifically designated as a VAD, most other land uses are prohibited within the district.[4] VAD additional provisions are flexible and can be tailored to a specific jurisdiction’s needs. A typical VAD provision includes limiting the land to agricultural uses to preserve the region as farmland. Further, to encourage the conservation of farmland, water and sewer assessments are often waived in VADs.[5] VAD provisions can govern land for a variety of time frames that can be limited[6] or indefinite.[7] Zoning for VADs can promote community traditions of family farming and may spur local economic growth around local agriculture.[8] In sum, VADs ensure open spaces can be set aside specifically for agricultural operations instead of taken over for other development.[9]
EFFECTS
Voluntary agricultural districts can help maintain farming as a lucrative venture, supporting a strong local economy.[10] In addition, VADs support and add value to local agriculture, which promotes a community’s farming heritage and local traditions.[11] VADs can help encourage clean water, air, and soil practices, depending upon the provisions included in the VAD.[12] They can also help mitigate and adapt to climate change by including more vegetation to absorb greenhouse gas emissions than would be on the site if it were subdivided for housing and to absorb fluctuations in precipitation which may reduce flooding risks.[13] VADs can have less traffic and noise, which can increase protection against nuisance lawsuits.[14] Additionally, zoning for agricultural preservation may help prevent conflicts over land use in the area.[15] Other benefits of VADs include protections for wildlife habitat and mitigating the local infrastructure burdens on local governments.[16]
EXAMPLES
Davidson, NC
Davidson, North Carolina is an example of a municipality that, through its zoning ordinances, allows landowners to voluntarily zone their land as a Rural Reserve Planning Area (“RRPA”), the Davidson equivalent to a VAD. The intent behind an RRPA is to preserve and protect valued land used for agriculture and/or recognized as environmentally sensitive land.[17] To achieve such goals, RRPA lands are restricted in what types of development are permitted.[18] Bed and breakfasts, community gardens, stables, and accessory dwellings are a few of the permitted development options in RRPA approved lands.[19] Additionally, detached houses and accessory structures are permitted.[20] In addition, no further subdivision of land is permitted in an RRPA.[21] Depending on the structure to be built in an RRPA, the code enumerates certain setback requirements.[22] Unique setback requirements are present for residential additions such as balconies, bay windows, or stairs.[23] Similarly, each site has open space requirements to enforce the land conservation element of the ordinance.[24]
To view this provision see Davidson, NC, Planning Ordinance § 2.213(A) (2018).
Windsor, CA
Windsor, California stipulates that Agricultural Preservation districts must include land used for agricultural and appurtenant purposes.[25] Windsor found that agricultural operations directly adjacent to non-agricultural operations hinder the economic viability of the agricultural affairs.[26] Therefore, its ordinance creates buffers along the property lines between agricultural and non-agricultural properties. Specifically, it requires the subdivision of non-agricultural property that is adjacent to an agricultural property to have a minimum of 100 feet wide buffer and 200 feet for vineyards and orchards.[27] Buffer sizes may be adjusted due to neighboring agricultural practices, existing physical features, man-made features (such as streets), or other lot specifics, but in no instance may it be less than 100 feet.[28]
The code also provides for nuisance protections from neighboring subdivisions.[29] Any subdivisions within 1,000 feet of an agricultural preservation district must have this disclosure statement in their CC&Rs:[30]
“The property(ies) within this subdivision is(are) located within 1,000 feet of land utilized or zoned for agricultural operations and residents/occupants of the property may be subject to inconvenience or discomfort arising from use of agricultural chemicals, including acaricides, fertilizers, fungicides, herbicides, insecticides, predacides, and rodenticides; and from the pursuit of agricultural operations, including crop protection, cultivation, harvesting, plowing, processing, pruning, shipping, and spraying, which may generate dust, light, noise, odor, smoke, and traffic. The Town has adopted policies to encourage and preserve agricultural lands and operations in the vicinity of the Town. Residents/occupants of property(ies) within this subdivision should be prepared to accept inconveniences or discomfort as normal and necessary to on-going agricultural operations.”
Building permits will not be approved until the above disclosure is added to the subdivision CC&Rs.[31]
To view this provision see Windsor, CA, Zoning Ordinance § 27.24.010 (2018).
Ledgeview, WI
In Ledgeview, Wisconsin the local zoning authority administers a Farmland Preservation Zoning District.[32] This ordinance regulates the location of livestock facilities, as well as preserves and improves agricultural land.[33] Ledgeview permits certain activities by right in its preservation districts.[34] Some of these uses include: crop production, the keeping of less than 500 animals, beekeeping, aquaculture, and forest management.[35] Ledgeview also permits farm homes, agricultural activities, and some accessory uses integral or incidental to agricultural operations. Farm Preservation Zoning Districts may also be utilized as open space set asides (for more information on open space set asides, view Open Space Impact Fees brief).[36] The local government may provide conditional use permits for certain agriculture-related activities, though the code outlines strict requirements for any rezoning of the preservation districts.[37] Lot size requirements, structure height and size limits, setback minimums, parking requirements and more are also detailed in the code.[38]
To view the provision see Ledgeview, WI, Code of the Town of Ledgeview art. X (2017).
ADDITIONAL EXAMPLES
Shasta County, CA, Code of Ordinances Ch. 17.66 Agricultural Preserve (AP) District (2018) (permitting agricultural uses, single family homes, forest management, greenhouses, small wineries, and more on agricultural preservation districts).
Milton, DE, Code of the Town of Milton § 220-33 Agricultural Preservation District (last accessed Jul. 30, 2019) (requiring 50-foot wide landscape buffers with trees on lots adjoining agricultural preservation districts; principal structures on adjoining land must be at least 100 feet from the agricultural preservation district boundary).
ADDITIONAL RESOURCES
Delaware Agricultural Land Preservation, Delaware Department of Agriculture (last accessed Jul 30, 2019) (showing an interactive map which identifies the location of VADs across the state of Delaware).
CITATIONS
[1] Voluntary Agriculture Districts, Connect Our Future https://perma.cc/F4S7-Q3PT (last accessed May 25, 2020).
[2] Id.
[3] Voluntary Agricultural Districts, Wake County Government, NC https://perma.cc/GW9X-DLVL (last accessed May 25, 2020).
[4] See id.
[5] Enhanced Farmland Protection for North Carolina Landowners, North Carolina Agricultural Development and Farmland Preservation Trust Fund https://perma.cc/A9LL-S8NQ (last accessed May 25, 2020).
[6] See id.
[7] See Windsor, CA, Town of Windsor Zoning Ordinance § 27.24.010 (2018).
[8] Enhanced Farmland Protection, supra note 5.
[9] See Davidson, NC, Planning Ordinance § 2.213 (2018).
[10] Voluntary Agricultural Districts, supra note 3; Wisconsin Farmland Preservation Zoning, Wisconsin Dept. of Agriculture, Trade & Consumer Protection https://perma.cc/XQ5K-8TZR (2015).
[11] Enhanced Farmland Protection, supra note 5; Wisconsin Farmland Preservation Zoning, supra note 10.
[12] Id.
[13] See id.
[14] Enhanced Farmland Protection, supra note 5.
[15] Wisconsin Farmland Preservation Zoning, supra note 10.
[16] Enhanced Farmland Protection, supra note 5.
[17] Davidson, NC, Planning Ordinance § 2.213(A) (2018).
[18] Id.
[19] Id. at § 2.2.13(B).
[20] Id. at § 2.2.13(C).
[21] Id.
[22] Id. at § 2.2.13(D)(1).
[23] Id.
[24] See id. at § 2.2.13(D).
[25] Windsor, CA, Town of Windsor Zoning Ordinance § 27.24.010 (2018).
[26] Id.
[27] Id. at § 27.24.020(B).
[28] Id.
[29] Id. at § 27.24.030.
[30] Id. at § 27.24.030(A).
[31] Id. at § 27.24.030(B).
[32] Ledgeview, WI, Code of the Town of Ledgeview § 135-79 (2017).
[33] Id. at § 135-79(A).
[34] Id. at § 135-79.5.
[35] Id.
[36] Id. at § 135-79.5(D).
[37] Id. at § 135-81 – 82.
[38] Id. at § 135-83 – 90.