AMERICAN FARMLAND TRUST Guide to Local Planning for in Acknowledgements We would like to thank the following people for their helpful feedback about the concepts and communities included this publication:

John Behan, Cris Coffin, Catherine Daniels, Jennifer Dempsey, George Frantz, Julia Freedgood, Lori Heithoff, David Kay, Andy Labruzzo, New York Farm Bureau’s Land Use Committee, Diane Held Phillips,Teri Ptacek, Jesse Robertson-Dubois, Maria Rudzinski, Scott Shannon, Bob Somers, Nan Stolzenberg, Bob Wagner and Judy Wright.

Written by: David Haight, Jerry Cosgrove and Kirsten Ferguson

Designed by: Innovative Resources Group Saratoga Springs, NY www.InnovativeResourcesGroup.com

American Farmland Trust is a private, nonprofit farmland conservation organization founded in 1980 to stop the loss of productive farmland and to promote farming practices that lead to a healthy environment.

Northeast Office 6 Franklin Square, Suite E Saratoga Springs. NY 12866 (518) 581-0078 www.farmland.org Contents

FOREWORD ...... 1 SECTION THREE ...... 14 By Jerry Cosgrove • Agricultural Districts...... 15 • Town Right-to-Farm Laws...... 18 • Case Study: Town of Charlton, New York INTRODUCTION...... 3 • Case Study: Town of Eden, New York • Comprehensive Plans...... 20 • Case Study: Town of Ithaca, New York SECTION ONE...... 4 • Case Study: Town of Eden, New York • Why Plan for Agriculture? ...... 4 • Case Study: Town of Hatfield, Massachusetts • Case Study: New York’s Agricultural Environmental • Making Support for Agriculture a ...... 4 Management Program Community Priority • Case Study: Land Evaluation and • Engaging Farmers in Planning for Agriculture...... 6 Site Assessment System • Top Myths in Planning for Agriculture...... 8 • Case Study: Town of Warwick, New York • Case Study: Town of Seneca, New York • Zoning Ordinances and Laws...... 27 SECTION TWO...... 9 • Case Study: Town of Kinderhook, New York • Principles of Planning for Agriculture ...... 9 • Case Study: Town of Ulysses, New York at the Town Level in New York • Case study: Town of Plainfield, Illinois • Is Your Town Planning a Future ...... 10 • Case Study: Town of Seneca, New York for Agriculture? Worksheet • Case Study: East Donegal Township, Pennsylvania • Case Study: Town of Ithaca, New York • Case Study: Peach Bottom Township, Pennsylvania • Case Study: Alpine Charter Township, Michigan • Case Study: Town of Washington, New York • Case Study: Town of Warwick, New York • Case Study: Town of Kinderhook, New York • Case Study: Skagit County, Washington • Case Study: Town of Stuyvesant, New York • Case Study: Town of Milton, New York • Case Study: Town of Beekman, New York • Subdivision Ordinances ...... 43 • Case Study: Town of Caton, New York • Case Study: Town of Easton, New York • Local Property Tax Reduction Programs...... 47 • Purchase of Development Rights ...... 49 • Case Study: Town of Warwick, New York • Case Study: Town of Riverhead, New York • Lease of Development Rights ...... 53 • Case Study: Town of Perinton, New York • Case Study: Town of Clifton Park, New York • Case Study: Town of Southampton, New York • Transfer of Development Rights...... 56 • Case Study: Town of Riverhead, New York • Case Study: Town of Warwick, New York • Infrastructure Planning...... 58 • Case Study: Town of Perry, New York • Case Study: Town of Marilla, New York • Case Study: Town of Easton, New York • Case Study: Genesee County, New York • Pulling It All Together...... 61 SECTION FOUR: RESOURCES • Zoning • Horse Boarding APPENDIX MATERIALS • Junkyard (Located on the CD that accompanies this guide) • NYS Agriculture and Markets Law 25-AA • NYS Department of Agriculture and Markets Background Information Pipeline Construction Guidelines • American Farmland Trust Factsheets • NYS Department of Agriculture and Markets • Farmland Protection Policy Act Factsheet Wind Power Guidelines • Farmland Protection Toolbox Factsheet • American Farmland Trust’s • Related State Programs and Documents Agricultural Districts Factsheet • NYS Agricultural Environmental Management • Local Right to Farm Laws Program 2004 Annual Report • Town of Charlton Right-to-Farm Law • NYS Department of Environmental Conservation • Town of Eden Right-to-Farm Law Open Space Planning Guide • Yates County Model Right-to-Farm Law • NYS Department of State Guide to Municipal • American Farmland Trust’s Land Use Controls Right-to-Farm Law Factsheet • County Guides to Agricultural Planning • Farm—Neighbor Relations • Onondaga County Guide to • New York Agricultural Mediation Agricultural Planning Program Brochure • Yates County Agricultural Planning Guide • Saratoga County Are You Thinking About • Making the Case for Planning for Agriculture Moving to the Country? Brochure • American Farmland Trust’s Erie County: • Tompkins County Living in the Farming on the Urban Edge Country Brochure • American Farmland Trust’s Why Save Farmland? • Broome County Agricultural and Farmland Comprehensive Plans Protection Plan Top 10 Reasons Agriculture Works • LESA for Broome County • AFT LESA Factsheet • American Farmland Trust’s Cost of Community • United States Department of Agriculture Services Factsheet NRCS LESA Guidebook • Putnam County Agricultural and Farmland Agricultural Districts and Right-to-Farm Laws Protection Plan LESA System (P. 85-92) • Agricultural Districts • Town Comprehensive Plans • Section 305a – Agricultural Data Statements • Excerpt from Town of Warwick’s • Saratoga County Agricultural Comprehensive Plan (P. 7-9, 43-57) Data Statement • Excerpt from Town of Seneca’s Comprehensive • Sample Agricultural Data Statement Plan (P. 5-8, 11-18, 39, 48-49, 59-67, 89-95) • Section 305a – Local Ordinance Provision • Town Agricultural Advisory Committees • NYS Department of Agriculture and Markets • Excerpt from Town of Eden Agricultural 305a Two Page Document: Local Laws and Advisory Committee Agricultural Districts—Guidance for Local • Town of Ithaca Agriculture Committee Governments and Farmers • AEM Tier II Agriculture and the • NYS Department of Agriculture and Markets Community Worksheet 305a Review Farm • NYS Department of Agriculture and Markets Zoning Ordinances 305a Questionnaire for Start Up Farms • State Laws and Documents • NYS Department of Agriculture and Markets • NYS Department of State Guide to Agricultural Districts 305a Guidance Planning and Zoning Documents • NYS Town Law Section 261-b – • Farm Worker Housing “Incentive Zoning” • Nutrient Management • NYS Town Law Section 278 – • Open Burning Cluster Development • Animal Control • Town Zoning Laws and Ordinances • Wetlands • Excerpt from Town of Kinderhook’s Zoning Code • Farm Markets • Excerpt from Town of Seneca’s Zoning Code • Composting (P. 27-32) • Greenhouses • Excerpt from Town of Plainfield’s Zoning Code • Excerpt from East Donegal Township’s Purchase of Development Rights Zoning Code • American Farmland Trust PDR Factsheets • Excerpt from Town of Ithaca’s • NYS Farmland Protection Program Zoning Code (P. 34-43) • Agricultural Conservation Easements • Excerpt from Peach Bottom Township’s • Estate Planning Zoning Code • Installment Purchase Agreement • Excerpt from Alpine Charter Township’s • Local PACE Programs Zoning Code • State PACE Programs • Excerpt from Town of Washington’s • PACE Zoning Code • PACE Funding Sources • Excerpt from Skagit County’s Zoning • State and Federal PDR Program and Laws Code (P. 34-37) • United States Department of Agriculture NRCS • Excerpt from Town of Stuyvesant’s Zoning Law Farm and Ranchland Protection Program • Excerpt from Town of Milton’s Zoning code • New York State Agriculture and Markets Law • Excerpt from Town of Beekman’s Zoning Code Article 25-AAA • Excerpt from Town of Ulysses’ Proposed • NYS Department of Agriculture and Markets Zoning Code Model Agricultural Conservation Easement • Excerpt from Town of Warwick Zoning • NYS Environmental Conservation Law Article Code (P. 16575-16578) 49 Section 3 • New York Direct Market Association’s Model Zoning • Town PDR Programs for Roadside Stands and Farm Markets • Excerpt from Town of Warwick Code • American Farmland Trust’s What About • Town of Riverhead Community Preservation My Equity? Act Law • Town of Pittsford Greenprint Subdivision Ordinances • Central Regional Planning & Lease of Development Rights Development Board Rural Design Workbook • Town Lease of Development Rights Programs • Book Chapters and Appendix • Town of Perinton Conservation Easement Law • Greenway Saving Farmland • Town of Perinton Conservation Easement for With Development Farming Purposes • Town Subdivision Laws • Town of Clifton Park Conservation • Excerpt from Town of Easton’s Subdivision Law Easement Law • Excerpt from Town of Caton Subdivision • Town of Southampton Agricultural Regulations Overlay District and Agricultural Planned Development District Property Tax Reduction Programs • NYS Agricultural Assessment Program Transfer of Development Rights • Agricultural Assessment for Rental Landowners • NYS Town Law Section 261 • Agricultural Assessment Forms • American Farmland Trust Transfer of Development • NYS Farm Building Exemptions Rights Factsheet • Farm Worker Housing Exemption Forms • Town TDR Laws • Farm Building Exemption • Proposed Town of Riverhead TDR Law • NYS Real Property Tax Law Sections 483, • Excerpt from Town of Warwick Zoning Code 483a and 483c (P. 16578-16582) • Historic Barns Tax Credit • Farmers School Tax Credit Infrastructure Planning • American Farmland Trust’s New York Agricultural • Local Infrastructure Planning Landowner Guide to Tax, Conservation and • Excerpt from Genesee County’s Management Programs Smart Growth Plan (P. 1-6) • 2005 Genesee County Smart Growth Plan Update • 2005 Genesee County Smart Growth Hook Ups Map Foreword BY JERRY COSGROVE

At American Farmland Trust, we often say that communities need to “plan for agriculture.”

The phrase has a nice ring to it, but what does it really mean? Very broadly, that depends on

how you define agriculture and whether your community includes farming and farmland in

its future plans. In a fast-changing world, a community that values farming and farmland

needs to actively plan for its future.

Agriculture requires land and people. Ideally, Why bother to plan in the first place? Planning is planning for agriculture is an approach that a very basic component to successful future acknowledges and embraces the ever-changing activities across a broad spectrum. Successful busi- nature of agriculture while recognizing that farmers, nesses have plans. We are constantly reminded farmland and farming are intertwined. Planning for that we should plan for retirement and should agriculture requires a locally-driven process that not put together estate plans. We should plan for only includes agriculture but also recognizes it as a development. We should also plan for conservation. land use and a business. Communities must recog- Community planning for agriculture is no different. nize that without farmers to work the land, the land Failure to plan for the future is in fact a choice, won’t stay as farmland. although one by default. Poor decision-making at the When planning for agriculture, communities community level can create years of headaches for need to stop playing defense only. From an agricul- future citizens, including those involved in agricul- tural standpoint, we should move beyond articulat- ture. Issues such as the extension or creation of com- ing what we don’t want in planning in order to start munity water or sewer systems, lot sizes, and density laying out our vision for the future. Planning for for new development and other regulations will impact agriculture should be proactive and not just reactive. the future of agriculture in a community, whether we Of course, all of this assumes that retaining agri- actually make decisions about them or not. culture is important for New York communities. If it so important to plan for the future of agricul- The economic and environmental benefits of agri- ture, why don’t we do a better job? culture are not as well documented as they should Planning for agriculture involves certain basic be. It is often difficult to quantify the multiple bene- themes and some tough issues. These issues can cre- fits of a working landscape that provides food, ate obstacles for communities and farmers. Some of jobs, habitat and recreational opportunities. Farms the challenges include: also attract tourists and help to sustain us all men- Multiple interests of landowners. Farmers, as tally and physically. owners of agricultural land and operators of Unfortunately, the downsides of agriculture are agricultural businesses, have several different and very well documented in a society where negative potentially conflicting interests in their property. news often trumps good. However, communities Simultaneously, they are landowners, business own- that view agriculture as an asset should plan for ers, taxpayers and community members. On any farming’s future. And those communities that given issue, their interests may be different. The key choose not to include agriculture in future planning is to recognize which interest is on the table at a given are creating a self-fulfilling prophecy that will point in the process, so we can discuss how to balance inevitably come true. and/or reconcile those differences.

1 American Farmland Trust’s Guide to Local Planning for Agriculture in New York Fairness. Finding the appropriate balance is real- sions can directly affect agriculture in a community. ly a matter of fairness. Since planning for agriculture For example, the New York Agricultural Districts benefits the entire community, communities need to Law has a profound impact on local land use deci- find solutions that equitably allocate the burden sion-making because it creates a number of “right to and benefits, whether financial or regulatory. Each farm” protections that actually supersede local law. community will strike the particular balance And, of course, expenditures by federal and state differently; however, the process should be fair to programs for roads, water, sewer and other kinds of all concerned. development can have significant impacts on agri- Cost and cost effectiveness. In addition to the culture in a community despite the best intentions at fairness issues, each community must determine the the local level. The challenge is for communities to appropriate balance of planning regulations and address the issues that can be dealt with at the local incentives, based on the overall cost of the various level, while recognizing that other decisions beyond tools in relation to the available resources. In the their control have an impact as well. Integration of short term, regulations are usually much less expen- local, state and federal decisions, to the extent possi- sive for a community to implement than incentives. ble, are critical. However, incentives may prove to be a wise invest- Planning for agriculture is not all that complicat- ment of community resources because of the friction ed, but it is challenging due to issues that may affect that regulations can cause. The cost effectiveness of landowner equity, tax bills and “what will happen in various approaches should be analyzed over the long my neighborhood” sentiments among others. term to determine which strategies make sense for a Notwithstanding the challenges, we hope that more given community. communities will grapple with these issues and Integration.Local land use laws are not enacted in develop their own mixes of strategies that proactive- a vacuum. Federal and state laws and other deci- ly plan for agriculture and not around it!

American Farmland Trust’s Guide to Local Planning for Agriculture in New York 2 Introduction

Local control, or home rule, is the cornerstone of and the diminishing affordability of land for farmers. land use planning in New York. Decisions made Increasing development also has contributed to con- each week by thousands of local officials and flicts on roadways between drivers of farm machin- landowners, combined with the impact of state and ery and faster moving vehicles, as well as disputes federal policies, help define the state’s communities, about farm practices between farmers and their new economy and landscape. neighbors. Local officials often focus on planning for new res- This resource guide is intended for local officials, idential, commercial or industrial development in planners, extension agents, farmers and other New order to spur growth, build the tax base and achieve York residents interested in grappling with these other community objectives. While agriculture may tough issues by planning for agriculture at the be mentioned in local plans, communities often fail municipal level. Planning for agriculture means to devote significant resources to sustaining farmers placing a high priority on farms, farmers and farm- and farmland. There are many reasons why agricul- land in community plans and policies. It entails rec- ture often fails to be a higher priority in local policies. ognizing farms for their unique qualities as local Some are due to public perceptions and misconcep- businesses and for their contributions to the commu- tions about agriculture, while others stem from the nity landscape. Planning for agriculture also calls for resistance of farmers and rural landowners to local communities to pro-actively create local policies that planning efforts. balance community interests with individual rights. However, a growing number of New York com- Chapters of this resource guide seek to help New munities recognize that farms and farmers should York communities with the planning for agriculture not be taken for granted. New Yorkers interested in process. Topics addressed include: maintaining lower property taxes, supporting local businesses and maintaining rural character, wildlife • How to make support for agriculture a habitat and other environmental benefits are community priority; speaking up about the need to support local farms. • How to engage farmers and rural landowners They may want new development, just not at the in community planning efforts; expense of farmers, farmland and other valuable community assets. • How to evaluate current municipal policies to At the same time, more farmers recognize the determine their impact on farms; existing or potential impacts of poorly planned development on their businesses. Rural communities • How to develop an appropriate mix of policies that in western and and the North support the business and land use needs of farms. Country are increasingly becoming home to com- muters from upstate cities or locations for second The guide closes with a listing of agencies and homes. The Hudson Valley and contin- organizations that can serve as resources during ue to experience some of the highest development this on-going process. In addition, the enclosed pressure in the nation. In some places, these changes CD contains materials from case study communities have led to the loss of highly productive farmland and additional resources.

3 American Farmland Trust’s Guide to Local Planning for Agriculture in New York Section One

Why Plan For Agriculture? Making Support For Agriculture Why plan for agriculture? This underlying ques- a Community Priority tion is of critical importance. Communities without One of the biggest challenges in engaging the pub- compelling answers to this question will be chal- lic in planning for agriculture is conveying the mes- lenged to motivate local officials and residents to sage that farms should not be taken for granted. Too take action to support local farms. often, residents assume that farms will be in their There are two fundamental parts to this question. communities forever. Motivating people to take First, local officials and non-farm residents may action before a crisis has occurred is challenging but wonder why they should focus on farms in local poli- very important. cies. Given all of the issues facing local communities, The rationale for supporting farms and protecting why should they emphasize agriculture? Second, farmland may differ in every community. However, farmers and rural landowners may question whether the following arguments about the benefits of agri- municipal planning and policy-making can or culture have frequently been used to generate local should be used to address issues facing agriculture. support for farming. It is not surprising that many farmers are skepti- cal of local planning efforts. Some communities have ECONOMIC: Farms provide jobs and support treated farming as a temporary land use in compre- the local economy. hensive plans, zoning codes and other policies. In Farms are local businesses. They create jobs and other cases, agriculture has not been recognized as a support many other businesses by purchasing local business or as a valuable long-term community goods and services. In 2004, New York farms sold objective. Farmer skepticism toward planning more than $3.6 billion in farm products and spent efforts also may stem from concerns about the fair- nearly $2.8 billion on production expenses, much of ness of new land use policies and how such policies which stayed within New York. Agriculture has may impact their personal and business interests. been a dependable component of New York’s econ- By developing compelling answers to the ques- omy for many years and will continue to be, if we tions and concerns that residents and farmers may invest in its future. have about planning for agriculture, communities can increase the likelihood that their local planning FISCAL: Farmland and forestland require fewer efforts will be a success. community services and help maintain lower property taxes. Development imposes costs on communities in the form of increased demand for schools, roads, water, sewer and other community services. Numerous “cost of community services” studies and other research have shown that farm- and forestland gen- erate more local tax revenue than they cost in servic- es. By comparison, residential development typically fails to make up for local costs with property tax rev- enue. The expression “cows don’t go to school” is often used to relay the message that communities should consider the net impacts of new development on property taxes.

American Farmland Trust’s Guide to Local Planning for Agriculture in New York 4 SCENIC: Farms provide rural character and scenic landscapes. The Threat:Working farmland lost Working farms help define the rural landscape to poorly planned development that is attractive to many New Yorkers. By pro- tecting cropland, pastures and woods, communi- New York’s landscape has been changing for gen- ties can retain their traditional sense of place erations. Studies from 20 to 30 years ago docu- and rural identity. mented the rise of new non-farm development and the potential impacts on agriculture. So why is it TOURISM: Scenic working farms attract tourists more important than ever that we take action now? and dollars to New York. Non-farm development has been on the rise in In addition to making New York a desirable place New York for decades, but the scale, speed and dis- to live, farms help make the state a desirable place tribution of recent development is significantly dif- for people to visit. Wineries, u-pick farms and other ferent. A national study by American Farmland agritourism establishments are direct draws for Trust, Farming on the Edge, identified three areas of tourists. Working farms provide the scenery that is New York—the Hudson Valley, the Finger enjoyed by people on country drives in communities Lakes/Lake Ontario Plain and eastern Long around the state. Island—as among the 20 most threatened farming regions in the country. ENVIRONMENTAL: Well-managed farms help The most recent statistics from the United States protect water quality and natural resources. Department of Agriculture indicate that roughly Farmers have been the stewards of the state’s nat- 89,000 acres of prime farmland were developed in ural resources for generations. Farms maintain New York between 1992 and 1997, a 141 percent wildlife habitat, provide buffers for wetlands and increase over the previous five years. New York waterways and protect recharge areas for aquifers was ranked 13th in the nation for this period by its and other environmental resources. The environ- rate of loss. mental benefits of farms have been well recognized A recent study titled “Sprawl Without Growth: by cities such as and Syracuse, which The Upstate Paradox,” by ’s Dr. have invested millions of dollars to conserve well- Rolf Pendall and the Brookings Institution, deter- managed farms that protect drinking water quality mined that recent conversions of farmland and and other natural resources in their watersheds. forests in New York have generally not been due to population growth. The study found that 425,000 CULTURAL:Farms connect us to our community acres of farm and forestland were developed heritage and historic places. between 1982 and 1997, resulting in a 30 percent Farm buildings, rock walls, historic farm machin- increase in developed land during the period. At the ery, open fields and other elements of agriculture are same time, the population grew only by 2.6 percent. important links to our farming heritage. By protect- Statistics about farmland loss don’t capture the ing farms, we ensure that future generations have the full impact of non-farm development on agriculture. opportunity to visit local farms and learn more about New non-farm development may raise land values, agriculture. Many people also admire the values and which can prevent farm operations from expanding work ethic represented by farmers and farm families. or limit opportunities for young farmers to purchase HEALTH/NUTRITION:Farms produce farms and land. Poorly planned development may fresh local foods. also fragment blocks of land into pieces that are too Locally-grown food tastes better and is often small for commercial farm equipment, may discour- healthier. Communities with local farms have age farm investment or may set the stage for costly access to farmers’ markets, farmstands and other conflicts about farming practices. retail outlets that sell fresh local farm products, “The loss of New York farmland is largely being including fruits, vegetables, meats, dairy products driven by the migration of residents from and other items. In the future, the security of having cities into the suburbs and rural communities a local food supply may become even more impor- surrounding them, not population growth.” tant to communities.

5 American Farmland Trust’s Guide to Local Planning for Agriculture in New York RECREATION: Some farms provide access for will be influenced by various personal and business hunting, fishing and other outdoor recreational circumstances: activities. Not all farms allow public access, but many farm- • As landowners, they are concerned about ers, when asked, allow certain recreational pursuits potential impacts on property values and equity such as hunting, fishing, snowmobiling, horseback • As businesses, they are striving to keep their farm riding or other activities on their land. Biking, run- enterprises viable and profitable ning or walking along rural roads near farms also • As taxpayers, they are interested in keeping can be an enjoyable recreational experience for property taxes low members of the community. • As residents and community members, Those involved in planning for agriculture need to they hope to keep their communities desirable develop compelling arguments that can be used to for future generations motivate local officials and residents. For more ideas about making the case for local farms, see the CD The priorities of different kinds of farms, whether appendix for Agriculture’s Top 10 Contributions to wineries, organic farms, dairies, hog operations, Broome County, Erie County: Farming on the Urban orchards, etc, may differ as well. A community could Edge and Why Save Farmland? be headed for trouble if it assumes that the interests of “agriculture” can be accounted for without considering the extent of local diversity in Engaging Farmers in agriculture itself. Planning for Agriculture The following are suggestions for communities Municipal planning efforts can elicit varying reac- interested in engaging local farmers and rural tions from farmers and rural landowners. For some landowners in local planning efforts. farmers, local planning is an opportunity to directly influence the future of the community. For other Engage farmers early in the process landowners, local planning brings uncertainty, anger In order to build support for your project, it is cru- and mistrust. cial that you engage local farmers and landowners Some farmers operate in communities that fail to early on in the planning process. Getting farmer make agriculture a priority, don’t fully understand involvement may be a challenge, due to farmers’ farms and modern farm practices or make decisions schedules, interests and concerns. Any meetings that undermine the future for farming. In those targeting farmers should be held at times, dates cases, it is easy to understand why farmers would not and locations that are compatible with farmers’ be supportive of local planning. In other settings, work schedules. These schedules will likely differ however, local community members appreciate depending on the type and scale of farm operation. farmers and consider the retention of farm business- Getting feedback from a few farmers prior to es to be a priority. Farmer support for local planning scheduling a meeting can help insure that the event is more likely in those situations. is better attended. Individual farmers and rural landowners may Some strategies for increasing farmer participation: respond very differently to local planning efforts, • Establish an agricultural advisory committee depending on their own personal priorities. Farmers who perceive a strong future for agriculture may be • Hold farmer focus groups at times and locations more likely to support new policies that limit non- convenient for farmers farm development. Farmers who plan to exit farm- • Invite local farm organizations to participate in ing in the near future—whether due to age or busi- the process ness concerns—may be more likely to emphasize • Conduct interviews with or survey individual their interests as landowners and want to maximize farmers their property values. Since farmers have multiple interests in their • Determine who the farm leaders are in your com- property, their views on planning and land use issues munity; personally invite them to get involved

American Farmland Trust’s Guide to Local Planning for Agriculture in New York 6 Treat farms as both businesses and land uses munity, but the planning process should seek solu- Farms play multiple roles in a community. They tions that strike this balance. are businesses that support the local economy and Even if all of the above suggestions are utilized, provide jobs. At the same time, farms help to define there will always be individuals who do not support a community’s landscape and sense of place. Local efforts to plan for agriculture. In some cases, they planning efforts must focus on creating a supportive may believe that there is no future for agriculture, or business environment for farmers as well as protect- they may place little value on local planning efforts. ing farmland. Emphasizing one without the other However, a community with broad-based support will reduce the likelihood of a community’s success for farm-friendly local planning will be better able to in planning for agriculture. address such skepticism. Identify and cultivate leadership Make agriculture a priority in the community’s Well-respected local farmers and public officials vision for the future can help add legitimacy to the planning process and Create a community vision that highlights the role product. Spend time identifying the appropriate for farms and farmers. Farmland is not just open local leaders and cultivate their participation. space or vacant land. Agriculture requires people to Balance community interests with manage the land and natural resources. This unique private property rights combination of people working with the land needs Planning requires a delicate balance of communi- to be recognized and addressed in local plans and ty priorities with the private property rights of indi- policies. Communities should include support for vidual landowners. Most landowners understand farms as part of their broader effort to protect rural this need for balance but want to make sure that character and open space. However, the unique their private interests are treated fairly. The defini- needs of farmers and farm businesses can’t be lost in tion of “fairness” will differ by individual and com- the process.

7 American Farmland Trust’s Guide to Local Planning for Agriculture in New York Department of Agriculture and Markets to intervene when Top Myths in Planning local governments enact laws that unreasonably restrict farm operations in agricultural districts. This does not mean that for Agriculture local governments are powerless when dealing with farms. Barns are falling down in my town. This important state law requires that local governments be That must mean agriculture is dead. reasonable in their approach. As a first step, a local govern- Farming is a business, and barns are built to fill specific ment should work with the farm community to address business needs. Barns house livestock, crops and equipment. issues of concern. If this is not satisfactory, the local govern- Maintaining their structures can be expensive. When farms ment should approach the Department of Agriculture and go out of business or barns no longer bring a reasonable Markets to ensure that the proposed local law does not vio- return on farmer investment, barns can begin to deteriorate. late the Agricultural Districts Law. This process may take However, this does not mean that farming is dead. time and energy but will hopefully ensure that farmers’ Agriculture, like other businesses, is constantly changing. needs and community interests are addressed. While some barns may be falling down, others are being built By keeping farms in our town, we are to fill new farm business needs. Farms must constantly adapt limiting our tax base. to changing conditions in order to have a strong future. “Cows and corn don’t go to school.” This saying reflects Purchase of development rights is the only tool the fact that while farmland pays less in property taxes than needed to support agriculture. residences do, it requires significantly less in public services. The purchase of development rights (PDR) is one tool that “Cost of Community Services” studies from around the coun- can be used to permanently protect land for agriculture. try have demonstrated that farm and forestland generate a However, PDR will not solve all of the issues facing farming. net property tax “profit” while houses generally cause a prop- Many strategies are required to ensure that farms and farm- erty tax “loss” (due to their demand for expensive public serv- ers continue to be a part of New York’s landscape. Without ices). Thus, having farmland in a community can help main- supplementary planning measures, PDR-protected farms tain a lower demand for public services and keep property can become surrounded by housing developments making it taxes lower. By focusing growth in areas with access to more difficult for farmers to operate. underutilized infrastructure, communities can promote fiscal efficiency, preserve farmland and open space and avoid other When we talk about farms, we are really only costs of sprawl. talking about dairy farming. Dairy farming represents the largest portion of New Farms may be pretty to look at, but they don’t York’s agricultural economy. However, New York farming impact New York’s economy. consists of much more than just dairy. Farms in New York Agriculture has played a major role in New York’s also produce fruits and vegetables, maple syrup, beef and economy for centuries. While other businesses may move to other meats, Christmas trees, wool and other farm products. the state for a period of time and then relocate, agriculture is Greenhouses and horse farms are also an important part of a stable base for the state’s economy. New York farms the New York agricultural industry. annually generate over $3.6 billion each year in farm sales and are directly linked to agricultural service-providers and Increasing the minimum lot size for new houses food manufacturers that generate an additional $27.8 to five acres will help protect farmland. billion each year in sales. With the right support, farms will Increasing the minimum lot size for new houses to three, continue to play an important role in New York’s economy five or seven acres will not help protect land for farming. The for years to come. resulting lots are often too small for larger, commercial farm vehicles and too large for many homeowners to actively Cluster developments are the perfect manage. This zoning technique does reduce the density of farmland protection tools. new houses, but that should not be confused with protecting The clustering of new houses is an important land for active farm use. The fixed ratio approach to zoning technique for conserving natural resources and reducing the (described in further detail in Section Three) is an alternative footprint of new housing. However, it has limitations when that towns can use. Fixed ratio zoning allows towns to make applied to farmland protection. A cluster development can modest reductions in housing density while still keeping new concentrate new neighbors near an actively managed farm houses on smaller building lots. field or farm operation. It doesn’t take many residential clus- ters, even on relatively small parcels, to start to interfere with The Agricultural Districts Law prevents towns farm viability. Pro-active steps must be taken to ensure that from regulating farms. the clustered development does not generate future conflicts New York’s Agricultural Districts Law permits the between nearby farmers and their new neighbors.

American Farmland Trust’s Guide to Local Planning for Agriculture in New York 8 Section Two

Principles of Planning for ronment for local farms. Such actions may include developing local policies and regulations appropriate Agriculture at the Town Level for farm businesses; supporting business opportuni- in New York ties compatible with farming; and ensuring that pub- From Suffolk County to St. Lawrence County, lic infrastructure investments support agricultural New York state has a tremendously diverse popula- viability. tion, landscape and agricultural industry. Some towns have thriving real estate markets and large tax 3) Support appropriate property tax policies for bases, while other towns have experienced less devel- farmland and buildings opment pressure and have smaller tax bases. Some Another strategy for encouraging farm profitabili- towns have complex land use laws managed by plan- ty is supporting appropriate property tax policies for ning professionals, while other communities have no farmland and buildings. Numerous “Cost of comprehensive plans, zoning laws or planning staff. Community Services” studies (COCS) and other This diversity makes it impossible for any single research have demonstrated that farmland provides town program or policy to be appropriate for every net property tax profit to a community. Farmland, New York community. However, there are general unlike new houses, provides more in taxes than it principles of “planning for agriculture” that should receives in services. Towns should acknowledge this fit nearly every community. The tools used to achieve benefit and develop local tax policies that support these objectives may differ, but the broad objectives farmland retention. are similar, as are the underlying issues facing farms throughout the state. 4) Develop strategies to protect your town’s The following five elements of planning for agri- best farmland culture should be addressed by New York towns Towns should have a clear idea of where they interested in supporting local farms. want to support agriculture over the long-term. They should then take action to keep such lands in agri- 1) Understand agriculture in your town cultural use. It is important that towns seek to retain A common understanding of agricultural issues blocks of farmland that will support a range of farm should be at the core of town policies. This under- businesses, and avoid siting non-farm infrastructure standing of and appreciation for the role of farms in in priority farming areas. the community does not happen automatically. It must be actively sought and reaffirmed on a regular 5) Limit the impacts of new development basis. Communities should educate themselves on agriculture about the economic, property tax, environmental, Planning for agriculture policies will not historical and quality of life benefits provided by necessarily prevent new non-farm development. local farms. However, such policies can minimize the conversion of productive farmland, while helping 2) Create a supportive business to make new development more compatible with environment for farming nearby farm operations. Towns will need to Towns have a limited ability to create new mar- manage the scale and siting of new development. kets for farm products or influence the prices They also may need to undertake additional received by farmers. But, towns can impact farm measures to mitigate conflicts between farmers and profitability by creating a supportive business envi- non-farm neighbors.

9 American Farmland Trust’s Guide to Local Planning for Agriculture in New York Is Your Town Planning a Future for Agriculture? A Checklist for Supporting Agriculture at the Town Level in New York

Understanding Agriculture in Agricultural advisory committees can also be estab- Your Town: lished to provide guidance to a town. Does Your Town… Yes No Yes No …publicize where to go to get advice and assistance …have a detailed section on agriculture in the on farm questions? Towns should help make the town’s comprehensive plan? The comprehensive or connection between farmers and local, state and fed- master plan is the big picture view for the future of eral agricultural and conservation organizations that the town. Does your town’s comprehensive plan can serve as resources. refer to “maintaining rural character,” but overlooks agriculture as the primary component? Consider having a town-appointed committee profile local Creating a Supportive Business farms to demonstrate the economic, cultural and Environment for Farming: environmental benefits of agriculture. Agriculture Does Your Town… shouldn’t be an afterthought! Yes No Yes No …allow agricultural uses in more than one zoning …have a consistent approach for local procedures district? Agricultural businesses are not the same as that deal with agriculture? Town boards, planning other commercial development. Some towns confine boards and zoning boards have different responsibil- agricultural businesses to the commercial zone only, ities, but a common regulatory outlook is possible. while other towns prohibit such uses in the commer- Update your comprehensive plan to reflect the value cial zone. Farm enterprises often are hybrids of sev- that agriculture contributes to your town’s quality of eral different uses. Ordinances and regulations life through open space, wildlife habitation, water- should allow farm business flexibility. shed purification and natural resource preservation. Establish, as a policy, that agriculture is beneficial to Yes No your town and fairness will follow. …allow flexibility in regulations to accommodate the unusual needs of agricultural businesses? Does Yes No your town have appropriate regulations for farm …have any visible demonstration of the value of retailers such as expanded hours of business, tempo- local farms? Does your town support a fair, an apple rary and off-site signs, parking near pick-your-own festival or other farm events? When agriculture is fields, or on street parking? The land use impact and visible to the public, residents will better understand off-site impact of a seasonal farm business can be the benefit of having farms in town. much less than that of a full-time retail business. Pick-your-own operations or Christmas tree farms Yes No may have a hard time staying viable in a town that …have farmers serving on local planning boards, treats farms like all other retailers. zoning boards or local economic development com- mittees? Having farmers serve on town committees Yes No is one of the most effective ways for towns to incor- …allow farm stands to sell produce purchased else- porate agricultural concerns into local land use or where? Many towns have rules that require a cer- economic development plans. Town Law Sect. tain percentage of farm stand produce to be grown 271(11) permits towns with state agricultural dis- on the farm. The basis for allowing a farm stand tricts to allocate planning board seats to farmers. shouldn’t be how much is grown on the farm, but

American Farmland Trust’s Guide to Local Planning for Agriculture in New York 10 what benefit the farm provides to the town in terms Yes No of open space, wildlife habitation, watershed purifi- …recognize the property tax benefits of farmland cation and natural resource protection. and support tax policies that are fair to farmland owners? While farmland may provide less tax Yes No revenue per acre than other land uses, it also requires …allow rural businesses compatible with agriculture significantly less in local services. “Cost of in farming areas? Home-based occupations such as Community Services” studies in over 15 New York farm machinery repair shops, sawmills and other towns have demonstrated that farmland generally rural businesses can help farm families make ends pays more in taxes than it receives in local services. meet. They can also provide an economically viable By comparison, residences generally require more alternative to selling farmland for development. in local services than they pay in taxes. Has your town considered adopting agricultural assessment Yes No values for fire, library or other service districts as a …work to pro-actively address trespassing on farm- means of demonstrating that farmland requires land? When people trespass on farmland, crops, fewer public services? fields and infrastructure can be damaged. Communities can help protect public safety and pre- Yes No vent needless farm losses by pro-actively addressing …act as a resource for information about property trespassing problems. tax reduction programs aimed at farmers and other farmland owners? Local governments and New Yes No York state have developed a number of programs …have business infrastructure that supports modern aimed at reducing property taxes for farmers and farms? Modern farming operations require services, other owners of farmland. Does your town encour- as do other businesses. To support farm businesses, age the use of New York’s Agricultural Assessment towns should ensure that telephone, electric and and Farm Building Exemption programs and the other wires are high enough to prevent accidents with Farmers’ School Tax Credit? farm equipment. They also should make snowplow- ing on roads leading to dairy farms a priority so that milk trucks can collect milk easily, and should main- Developing Strategies to Protect tain good culverts and drainage systems to help move Your Town’s Best Farmland water away from farm fields. Towns should also Does Your Town… check their roads and bridges to determine whether they can handle tractor-trailers, which are commonly Yes No used to provide goods and services to farms. …identify areas where it wants to support agricul- ture over the long-term? Do you know where the best agricultural soils are located in your town? The Supporting Appropriate Tax USDA Natural Resources Conservation Service (NRCS) and Soil and Water Conservation Districts Policies for Farmland and can be important partners in identifying productive Buildings agricultural soils. This soil data combined with other Does Your Town… information can help towns identify priority farming Yes No areas where they want to support agriculture over …properly assess specialized agricultural struc- the long-term. tures? Has your town assessor received training on assessing farmland and farm buildings? Specialized Yes No structures such as silos, milking parlors and perma- …have policies aimed at retaining large blocks of nent greenhouses depreciate in value over time. If farmland that are able to support a variety of farm your town frequently overvalues agricultural struc- businesses? Farmers don’t want to be an “island in tures, this can have a chilling effect on all types of a sea of development.” Has your town developed farm investment. policies to keep large blocks of land in agricultural

11 American Farmland Trust’s Guide to Local Planning for Agriculture in New York use over the long-term? Larger areas of farmland many ways. Creative site planning can accommo- provide greater opportunities for farms to adapt to date new development while limiting the loss of your changing market conditions. Retaining such blocks town’s best farmland. helps to ensure a future for farming. Yes No Yes No …require buffer zones between farmland and resi- …limit expansion of infrastructure in areas where it dential uses? The old saying “good fences make wants to support agriculture over the long-term? good neighbors” has a modern corollary that says, Extending water and sewer lines through farmland “good buffer zones make new neighbors into good should be done with caution. Providing these servic- neighbors.” New development should not place the es without accompanying planning measures can burden on existing farms to give up boundary land accelerate the loss of farmland. Focusing water, as a buffer zone between agricultural and residential sewer and other services in already developed areas areas. New residential development should provide can help limit the development of a town’s best for its own buffer zone and/or landscape plantings farmland. for screening when necessary.

Yes No Yes No …have a strategy for protecting its best farmland? …have an “agricultural zone”that limits the impacts Once your town identifies its priority farming areas, of new developments on farms? Does your town complementary land use policies should be devel- have a strategy for managing new development in oped to encourage the retention of that land in con- agricultural zones in a way that supports agriculture tinued agricultural use. Flowery language about over the long-term? Many towns in New York have agriculture in a comprehensive plan isn’t good zoning ordinances with “agricultural zones” that per- enough. Work with farmers to turn the ideas mit scattered development next to farms—a recipe expressed in your comprehensive plan into specific for future conflict. policies to retain your town’s best farmland. Yes No Yes No …have planning tools that are supportive of New …encourage the use of conservation easements on York State Agricultural Districts? The Agricultural farmland? Does your town support applications to Districts Law, which was enacted in 1971, is one of the state or federal government to purchase agricul- New York’s oldest farmland protection tools. tural conservation easements on local farms? Have Agricultural districts provide important “right-to- you considered providing funding for acquiring con- farm” protections to farmers. Does your town incor- servation easements on farmland? Agricultural con- porate the boundaries of agricultural districts into servation easements can be used to protect the natu- your zoning maps and other local land use policies? ral resource base for agriculture. Once a conserva- tion easement is recorded on farmland, the land will Yes No permanently be kept available as a resource for …have policies to mitigate conflicts between farm- future generations of farmers. ers and non-farm neighbors? A local Right-to-Farm Law expresses a community’s support for agricul- Limiting the Impacts of ture. It can also prevent unnecessary lawsuits between farmers and non-farm neighbors by New Development on Agriculture referring conflicts to mediation before the courts Does Your Town… are involved. Cornell Cooperative Extension, Soil Yes No and Water Conservation Districts, the New York …have policies aimed at limiting the impact of new State Agricultural Mediation Program and other development on productive farmland? Does your groups can serve as partners in addressing conflicts town have strategies for limiting the footprint of new before they grow into painful disputes or expensive development? New development can take place in lawsuits.

American Farmland Trust’s Guide to Local Planning for Agriculture in New York 12 Total the Score! Your Results… Yes on 20-25 Your town is very active in supporting a future for farming.

Yes on 15-19 Your town knows that farmers are good neighbors who provide lots of benefits to your quality of life, but you may need help in pro-actively supporting them.

Yes on 10-14 Careful! Your town may be less supportive of farms than you think—even unfriendly, perhaps inadvertently.

Yes on 5-9 Time to get to work on understanding farmers in your town and how you can help support their business and land use needs.

Yes on 0-4 Yours is not a farm friendly town, but there might still be hope. Seek help immediately from farmers, farm groups and related organizations

This questionnaire was developed based upon a section of Preserving Rural Character through Agriculture, written by Gary Matteson for the New Hampshire Coalition for Sustaining Agriculture.

13 American Farmland Trust’s Guide to Local Planning for Agriculture in New York Section Three

Section 3 summarizes a menu of tools that towns Each section begins with an overview of the tool, can use to support local farms. The tools include: followed by a brief assessment of its benefits and • Agricultural districts ...... 15 drawbacks. The tool sections conclude with case study communities and/or other sample materials. Brief • Town right-to-farm laws...... 18 case study descriptions in this section are accompanied • Comprehensive plans...... 20 by supporting documents on the accompanying CD. • Zoning ordinances and laws...... 27 The case studies were selected from New York and other states to best represent the tool concepts. • Subdivision ordinances ...... 43 However, the case study materials should be consid- • Local property tax reduction programs ...... 47 ered examples and not models necessarily. Not every • Purchase of development rights ...... 49 tool will be applicable to every community. • Transfer of development rights ...... 53 Communities considering using one of the tools should carefully review the sample materials and make • Lease of development rights...... 56 appropriate changes to ensure a sound fit with their • Infrastructure planning...... 58 specific needs.

Question Tools to Consider How can we demonstrate an understanding Comprehensive Plan; of the importance of local farms? Town Right-to-Farm Law

How can we create a supportive Agricultural Districts and business environment for agriculture? Right-to-Farm Protections; Zoning Law; Infrastructure Planning

How can we develop appropriate tax policies Tax Reduction Programs; for farmland and buildings? Lease of Development Rights

How can we develop strategies to protect Zoning Law; Subdivision Ordinance; our best farmland? Purchase, Lease or Transfer of Development Rights; Infrastructure Planning

How can we reduce the footprint of new Zoning Law; Subdivision Ordinance; development and its impact on agriculture? Agricultural Districts and Right-to-Farm Protections

American Farmland Trust’s Guide to Local Planning for Agriculture in New York 14 New York’s Agricultural Districts Law (Article Agricultural Districts 25-AA of NYS Agriculture and Markets Law) was enacted in 1971 to help keep farmland in active agri- For more information about agricultural districts, cultural production. An agricultural district can be see the following documents on the CD that developed when a group of interested landowners— accompanies this guide: who collectively own at least 500 acres—submit a proposal to their county requesting the formation of • New York State Agriculture and Markets Law a district. By February 2005, 312 county-level agri- Article 25AA cultural districts had been formed, encompassing • New York State Department of Agriculture and nearly 21,300 farms and more than 8.5 million acres Markets 305a two-page document: Local Laws of land. and Agricultural Districts—Guidance for Local Governments and Farmers Farmers and rural landowners enrolled in state-cer- tified agricultural districts receive important “right-to- • New York State Department of Agriculture and farm” protections. These protections include: Markets 305a Review Form • New York State Department of Agriculture Definition of Agriculture: Provides authority to and Markets 305a Questionnaire for the Commissioner of the New York State Start-Up Farms Department of Agriculture and Markets (NYS- DAM) to determine whether land uses are agricul- • New York State Department of Agriculture and tural in nature. Markets Agricultural Districts 305a Guidance Documents: Local Ordinance Provision: Provides protection • Farm Worker Housing against local laws that unreasonably restrict farm • Nutrient Management operations. Under this authority, NYSDAM has • Open Burning pro-actively worked with local governments to pre- • Animal Control vent the enactment of unreasonably restrictive local • Wetlands laws. Farmers are guarded from unreasonably • Farm Markets restrictive zoning codes and ordinances regarding • Composting farm worker housing, manure management and • Greenhouses other farm practices. • Zoning • Horse Boarding Agricultural Data Statements: Requires the filing • Junkyard of an agricultural data statement for certain land use • New York State Department of Agriculture and determinations within 500 feet of a farm operation Markets Pipeline Construction Guidelines located in an agricultural district. The statement must include information about the proposed project • New York State Department of Agriculture and and be included with the application for municipal Markets Wind Power Guidelines approval. The clerk of the local board must mail a • Saratoga County Agricultural Data Statement notice of the application to the owners of land asso- ciated with neighboring farm operations identified in • American Farmland Trust’s Agricultural the statement. The local board is required to evalu- Districts Fact Sheet ate and consider the statement in its review of possi- ble impacts of a project on nearby farm operations. No further review by the county agricultural and farmland protection board or NYSDAM is required.

Notice of Intent (NOI): Requires analysis of pro- posed public projects that may impact farms in agri- cultural districts. A preliminary NOI and a final

15 American Farmland Trust’s Guide to Local Planning for Agriculture in New York NOI, including a detailed agricultural impact state- ment, must be filed before public funds are spent on Agriculture and Markets Law certain non-farm projects in an agricultural district. (AML) Section 305-a: Review These statements describe short and long-term of Unreasonably Restrictive Local impacts of the project on agriculture, alternatives to Ordinances the proposed project and possible mitigation meas- ures. Once completed, preliminary notice and final NOIs must be reviewed by NYSDAM and the Town governments considering the adoption of local county AFPB. laws that impact farm operations in agricultural dis- tricts should understand the important connection between state agricultural districts and local policy- Sound Agricultural Practices: Offers limited pro- making. AML Section 305-a allows the commissioner tection from private nuisance claims. Provides of the New York State Department of Agriculture and authority for the commissioner of NYSDAM to Markets to review local laws and determine if they are unreasonably restrictive of farms operating in agricul- review specific cases and issue an opinion as to tural districts. whether a farmer is conducting an agricultural prac- When reviewing such measures, the commissioner tice that is “sound.” Four basic questions guide the may consider: determination of whether a practice is sound: • If the requirements adversely affect the farm • Is the practice legal? operator’s ability to manage the farm operation • Does the practice cause bodily harm or property effectively and efficiently; damage off the farm? • Whether the requirement could impact produc- • Does the practice achieve intended results in a tion options and affect farm viability; reasonable and supportable way? • If the requirement will cause a lengthy delay • Is the practice necessary? in the construction of new farm building or implementation of a practice; A farmer can use a NYSDAM opinion to defend • Compliance costs for a farm operation; against private nuisance actions. Sound agricultural practice opinions offer a defense to private nuisance • The availability of less onerous means to achieve actions when the land involved is in an agricultural the locality’s objective; district or, if the land is outside of an agricultural dis- • If the local law addresses a threat to public trict, when the land involved is used in agricultural health or safety. production subject to an agricultural assessment. In situations where a local law is deemed unreason- ably restrictive, the Department of Agriculture and Markets will notify the local government and try to Disclosure Notices: Requires a landowner in an negotiate a resolution. If rejected by the municipality, agricultural district to provide a prospective buyer the commissioner of the Department of Agriculture and with a disclosure notice prior to signing a purchase Markets can bring action or issue an order to enforce contract. The notice aims to advise property buyers this provision of the AML. about the sights, sounds, smells and other aspects of Fortunately, most issues are resolved before the modern agricultural practices before they purchase Department of Agriculture and Markets has to take property in a farming area. action under the AML. Local governments often recog- In addition to right-to-farm protections, the nize that the types of issues considered by the New York Agricultural Districts Law also provides Ad Valorem State Department of Agriculture and Markets when limitations for land used primarily for agricultural reviewing local ordinances should also be considered by production within an agricultural district. This pro- local governments interested in creating a supportive vision limits the taxation of farmland for certain business environment for farmers. For communities interested in taking pro-active municipal improvements such as sewer, water, light- steps to address the business and land use needs of ing, non-farm drainage, solid waste disposal or other farms, agricultural districts and the state’s AML are landfill operations. Land used primarily for agricul- important complements—not antagonists— to local tural production within an agricultural district can decision-making. only be taxed if the fees were imposed prior to the

American Farmland Trust’s Guide to Local Planning for Agriculture in New York 16 formation of the district or if farm structures benefit governments and agricultural and farmland protec- directly from the service of an improvement district. tion boards (AFPBs). While the state is responsible A one-half acre lot around any dwelling or non-farm for providing the right-to-farm protections, counties structure is subject to applicable fees as well. are responsible for designating land to be included in agricultural districts; reviewing districts every eight, Benefits of Agricultural Districts twelve or twenty years; evaluating notice of intent • Voluntary program popular with farmers filings; and overseeing other aspects of agricultural • Supports a favorable operating environment district implementation within their jurisdiction. for farms Towns can also be involved in supporting agricul- • Helps stabilize large blocks of land to keep tural districts. Some options for towns include: farming viable • Complementing the principles of the Agricultural Districts Law as well as the location of parcels Drawbacks of Agricultural Districts enrolled in agricultural districts in local plans and • Does not prevent conversion of enrolled land policies; • Several provisions are reactive rather • Requiring copies of Agricultural Data Statements than proactive for proposed land use determinations within 500 • Non-farm support for agricultural districts may feet of farm operations in state certified agricul- erode as right-to-farm protections are exercised tural districts; • Providing information to farmers and rural The state’s Agricultural Districts Program is a landowners about agricultural districts and sup- partnership effort between the New York State porting the enrollment or re-enrollment of land Department of Agriculture and Markets, county into districts.

17 American Farmland Trust’s Guide to Local Planning for Agriculture in New York tors trained in resolving disputes involving agricul- Town Right-to-Farm tural issues.

Laws Benefits of Town Right-to-Farm Laws For more information about right-to-farm laws • Help maintain a supportive operating and addressing farm/neighbor conflicts, see the environment for farms following documents on the CD that accompanies • Publicly support agriculture this guide: • Can be used to guide future town • American Farmland Trust’s Right-to-Farm policies and decisions Law Fact Sheet • Supplement the New York State Agricultural • Town of Charlton Right-to-Farm Law Districts Law • Town of Eden Right-to-Farm Law • Relatively inexpensive • Yates County Model Right-to-Farm Law Drawbacks of Town Right-to-Farm Laws • New York Agricultural Mediation • May have limited impact unless the law and Program Brochure dispute resolution process are widely promoted • Saratoga County’s “Are You Thinking About • Do not prevent farmland conversion Moving to the Country?” Brochure • Tompkins County’s “Living in the Country” CASE STUDY Brochure Town of Charlton, New York 2000 Population: 3,954 Town right-to-farm laws are aimed at maintaining 2000 Median Household Income: $63,396 a supportive operating environment for farmers by 2000 Median Single-Family Home Value: $122,700 limiting farmer/non-farm neighbor conflicts. These local laws can supplement the New York State The town of Charlton in Saratoga County estab- Agricultural Districts Law and the right-to-farm lished a right-to-farm law in 1996. The purpose of protections that it provides to farmers operating in the law is “to maintain and preserve the rural tradi- agricultural districts. tions and character of the town; to permit the con- Typically, local right-to-farm laws document the tinuation of agricultural practices; to protect the exis- importance of farming to a town and put non-farm tence and operation of farms; to encourage the inita- rural residents on notice that generally accepted tion and expansion of farms and agribusinesses; and agricultural practices are to be expected in farming to promote new ways to resolve disputes concerning areas. In doing so, such laws can provide farm fami- agricultural practices and farm operations.” lies with a sense of security in knowing that farming is The law is well integrated with the state a valued and accepted activity in their communities. Agricultural Districts Law. It adopts many of the Additionally, local right-to-farm laws can establish state law’s definitions and incorporates references to dispute resolution processes to mediate conflicts and appropriate sections of the state law. avoid expensive legal battles. Town agricultural The law establishes a farmer’s right to conduct advisory committees or ad hoc dispute resolution agricultural practices if the practices are: committees can help mediate such disputes and help • Reasonable and necessary to the particular farm the parties involved find a mutually acceptable reso- or farm operation; lution to the problem. • Conducted in a manner that is not negligent or The New York State Agricultural Mediation reckless; Program (NYSAMP) can also be a resource for com- munities interested in mediating conflicts between • Conducted in conformity with generally accepted farmers and non-farm neighbors. NYSAMP works and sound agricultural practices; through the statewide network of Community • Conducted in conformity with all local, state and Dispute Resolution Centers and can provide media- federal laws and regulations;

American Farmland Trust’s Guide to Local Planning for Agriculture in New York 18 • Conducted in a manner that does not constitute a CASE STUDY threat to public health and safety or cause injury Town of Eden, New York to health or safety of any person, and; 2000 Population: 8,076 • Conducted in a manner that does not unreason- 2000 Median Household Income: $54,940 ably obstruct the free passage or use of navigable 2000 Median Single-Family Home Value: $106,500 waters or public roadways. The right-to-farm law also stipulates that the real The town of Eden in Erie County passed a right- estate disclosure notice required under the to-farm law in 2001 to “reduce the loss… of agricul- Agricultural Districts Law be attached to a purchase tural resources by limiting the circumstances under and sale contract at the time an offer to purchase is which farming may be deemed a nuisance and to made. The real estate disclosure notice also must be allow agricultural practices inherent to and neces- included in building permits and on plats of subdivi- sary for the business of farming to… be undertaken sions submitted for approval. Lastly, the legislation free of unreasonable and unwarranted interference specifies a local process for resolving agricultural dis- or restriction.” putes. The process entails the formation of a dispute Similar to the law passed by the town of Charlton, resolution committee that works with both parties as the legislation cites the state Agricultural District well as experts from New York State Department of Law’s definitions and establishes a farmer’s right to Agriculture and Markets, Cornell University, conduct agricultural practices if those practices meet Cornell Cooperative Extension, USDA’s Natural certain standards. The legislation also establishes an Resources Conservation Service and Soil and Water informal, local process for resolving disputes Conservation Districts. In such cases, the committee between farmers and non-farmers. investigates relevant facts, listens to the involved The legislation further requires that the intent and parties and provides a written decision to help bro- purposes of the law be taken into consideration by ker a mutually acceptable settlement. the town in processing applications for rezoning, site plan approval or special use permit within one mile of a farm. Appropriate and reasonable conditions consistent with the purposes of the right-to-farm law may be prescribed as part of this review including requiring the filing of real estate disclosure notices.

19 American Farmland Trust’s Guide to Local Planning for Agriculture in New York Comprehensive plans often include: Comprehensive Plans • A vision statement describing the community’s For more information about comprehensive long-term goals; plans, see the following documents on the CD • Maps identifying different natural and communi- that accompanies this guide: ty resources, infrastructure and land uses; • AEM Tier II Agriculture and the Community • Research regarding town demographics, land Worksheet uses, businesses and natural resources; • Feedback from citizens via surveys, public • AFT LESA Fact Sheet meetings, focus groups and other public • American Farmland Trust’s Cost of Community participation vehicles; Services Fact Sheet • Recommendations that address the • United States Department of Agriculture community’s objectives. NRCS LESA Guidebook Agriculture is often treated favorably in compre- hensive plans. Sections on open space, natural • Putnam County’s Agricultural and Farmland resources or the environment may describe the role Protection Plan LESA System (P.85-92) that farms play in defining the community land- • Excerpt from Town of Warwick’s scape. Other sections may connect the value of farm Comprehensive Plan buildings and pastoral landscapes to a town’s histo- (P.7-9, 43-57) ry and heritage. Some comprehensive plans even outline the importance of farms to the town’s econo- • Excerpt from Town of Seneca’s Comprehensive my, jobs and businesses. Plan (P.5-8, 11-18, 39, 48-49, 59-67, 89-95) However, few comprehensive plans manage to • Town of Eden Agricultural Advisory Committee capture the full range of benefits that farms con- tribute or the unique nature of farms as both busi- • Town of Ithaca Agriculture Committee nesses and land uses. Few comprehensive plans actually identify specific recommendations for addressing agriculture’s unique business and land use needs. As a result, many comprehensive plans Comprehensive or master plans can fail to adequately prepare towns to strongly support a future for local farms. form the basis of a local land protec- Benefits of Comprehensive Plans tion strategy by identifying areas to be • Provide an opportunity to engage farmers and non-farmers in discussions of a protected for farming and forestry as community’s future; well as areas where development will • Set the stage for future town efforts to support local farms; be encouraged. • Articulate the reasons why a town should support agriculture; Comprehensive plans are the foundation of town • May be less expensive than other farmland planning and zoning efforts. Any land use regula- protection tools. tions that are enacted must be in accordance with a comprehensive plan. A comprehensive plan repre- Drawbacks of Comprehensive Plans • Drafting process can drain personal, financial and sents a community’s vision for the future and a road political resources and reduce enthusiasm for plan map for how to get there. The drafting of a compre- implementation; hensive plan can present a challenging but beneficial opportunity for a town to discuss its future and to • Will not have a meaningful impact without subse- coordinate with county planning efforts. quent town actions.

American Farmland Trust’s Guide to Local Planning for Agriculture in New York 20 The Drafting of a ing two members from the town’s Agriculture Comprehensive Plan Committee. The development of a comprehensive plan is an important opportunity for towns to engage commu- CASE STUDY nity residents in thinking about the future. Farmers Town of Eden, New York and rural landowners should be engaged early in the 2000 Population: 8,076 process, so that the final plan represents the interests 2000 Median Household Income: $54,940 and concerns of farmers. 2000 Median Single-Family Home Value: $106,500

Agricultural Advisory Committees In 1994, the town of Eden created an Agricultural One way to engage farmers and agricultural Advisory Committee in recognition of the impor- landowners is by establishing a town agricultural tance of farming to the community. The committee advisory committee. Such a committee can be an helps ensure the continued viability of agriculture important forum for making sure that the unique within the town and provides a conduit for feedback needs of agriculture are integrated into the compre- from the farm community to the town board, plan- hensive plan. ning board and other town bodies. The committee is The group can help: comprised of five members of the local agricultural • Analyze issues facing farms and farmland community including representatives of the green- in the town; house, crop production and dairy sectors. Ex officio • Articulate the benefits provided by local farms members of the committee include a member of the and the challenges they face; planning board, the chair of the board of assessors, a representative from the Erie County Farm Bureau • Identify strategies for supporting the business and and a member of the town board. land use needs of local farms. The committee advises the town on agricultural districts within its jurisdiction, proposed zoning CASE STUDY changes or development in agricultural districts and county, state and federal legislation and its potential Town of Ithaca, New York impact on the town. It also acts as a forum for com- 2000 Population: 18,198 munication between the farm community, the town 2000 Median Household Income: $45,281 of Eden and the Erie County Agricultural and 2000 Median Single-Family Home Value: $140,300 Farmland Protection Board. The town of Ithaca in Tompkins County formally created an Agriculture Committee in 1992 to provide CASE STUDY a mechanism for farmers to inform the town of their concerns. The committee also acts a resource to var- Town of Hatfield, Massachusetts ious town of Ithaca boards in their local decision- 2000 Population: 3,249 making and provides information on state and 2000 Median Household Income: $50,238 national legislation that affects agriculture. 2000 Median Single-Family Home Value: $168,800 The committee includes up to eight members appointed by the town board. Committee officers A number of Massachusetts towns have devel- are appointed by the board after committee oped agricultural advisory commissions in recent recommendation. In 2004, the size of the committee years. In 2001, the town of Hatfield established a was expanded to nine members due to growing five-member agricultural advisory commission to: interest among local farmers. In 1999, Ithaca created • Advise the town’s land preservation advisory an Agricultural Land Preservation Advisory committee on transactions and acquisitions Committee to advise the town on the establishment involving agricultural lands in town; and administration of its Purchase of Development • Advise the town’s board, planning board and Rights program. The Agricultural Land Preservation other boards and committees on projects and Advisory Committee includes five members includ- activities involving agricultural lands in town;

21 American Farmland Trust’s Guide to Local Planning for Agriculture in New York • Engage in projects and activities to promote the an invitation to join an agricultural advisory com- business of farming, farming activities and tradi- mittee or attend a meeting. Having local leaders tions, and farmland protection in town including involved can make farmers more comfortable and educational programs and community events. more likely to attend. Agricultural advisory commissions have played • Go to existing farm and conservation groups to an important role in integrating the needs of agricul- get feedback. If you are having trouble getting ture with local policies. The establishment of such a people to attend meetings, consider offering to do commission can help demonstrate a town’s commit- a presentation at a monthly meeting of your coun- ment to supporting local farms. ty Farm Bureau. • Invite local experts to join in your discussions. Surveys Staff from Cornell Cooperative Extension, Soil Surveys of farmers and agricultural landowners and Water Conservation Districts, USDA Natural are another way to get input from the farm commu- Resources Conservation Service, county planning nity. While surveys don’t offer a forum for discus- departments, New York Farm Bureau, land trusts sion, they can be used to obtain important back- and other groups can help provide important ground information and provide a more representa- information about local agricultural and conser- tive sampling of opinion. Topics that you may want vation issues. to cover in surveys targeted at farmers and rural • Make sure that meetings are efficient and produc- landowners include: tive. Busy farmers won’t want to be involved in a • Acreage owned and/or rented by farmers committee or meetings that don’t produce mean- • Nature of the farm business (wholesale vs. retail, ingful results. types of market outlets, types of commodities • Be careful not to make farmers and rural produced) landowners feel they are being targeted by a top- • Short and long-term plans for the business down process. Genuine, open communication • Challenges facing local farmers and rural from the beginning of a planning process can help landowners prevent this situation. Some people will arrive late to a process; however, demonstrating that a town • Participation in existing town, county, state or took significant steps to engage farmers and rural federal agricultural, conservation, land use or landowners may help appease such people. property tax reduction programs • Interest in possible town policies or programs CASE STUDY • Opinions on current town policies or programs New York’s Agricultural Environmental Management Program Focus Groups and Other Strategies The New York Agricultural Environmental A third option is to coordinate focus groups Management (AEM) program is a voluntary, or meetings targeted at getting input from specific incentive-based program that helps farmers audiences, such as residents or farmers and rural operate environmentally sound and economically landowners. Any meetings targeting farmers viable businesses. Using AEM’s five-tier approach, should be held at times, dates and locations farmers work with local AEM resource that are compatible with farmers’ work schedules. professionals to develop and implement comprehen- These schedules will likely differ depending sive nutrient management plans (CNMPs). on the type and scale of farm operation. All agricultural counties in New York are Getting feedback from a few farmers prior to conducting AEM programs, and participation scheduling a meeting can help increase attendance has grown to include nearly 8,000 farms. at an event. The AEM program has developed an “Agriculture Other strategies for engaging farmers in the devel- and the Community” worksheet for use by Soil and opment of a comprehensive plan include: Water Conservation Districts and others to help • Get a well-known, well-respected farmer to sign articulate the importance of agriculture. Contact your

American Farmland Trust’s Guide to Local Planning for Agriculture in New York 22 county Soil and Water Conservation District for requires communities to look at land use issues from assistance in using this worksheet to better under- an agricultural perspective. Many non-farm resi- stand the value that farms bring to your community. dents, including town board and planning board members, are often unaware of the location of the best agricultural soils in their community. In partic- The Content of a Plan ular, the USDA Natural Resources Conservation Community Vision and Goals Service, Soil and Water Conservation Districts and Towns interested in providing meaningful support county planning departments can be helpful for local farms should specifically incorporate such resources for soils and other geographic information. support into the vision, objectives and goals of their comprehensive plans. This can also be achieved by CASE STUDY having a separate section that profiles the impor- Land Evaluation and Site Assessment System tance of local farms and captures their unique status NRCS has established the Land Evaluation and as businesses and land uses. Site Assessment (LESA) system to help local officials In addition, the support of farms and farmland make sound land use decisions. LESA is a numeric protection should be integrated into other communi- rating system designed to take into account both soil ty objectives as appropriate. For example, sections quality and other factors affecting a site’s impor- about community goals in regards to conserving tance for agriculture. Questions that the LESA open space, maintaining lower property taxes, pro- system can help answer include: tecting historical or natural resources or supporting local businesses should consider the role farms play • What land should a city, town, or county in achieving these broader community objectives. designate in its comprehensive plan or zoning ordinance for long-term continuation in Identifying Priority Agricultural Resources agricultural use? One of the first steps in planning for agriculture is • What farm sites should be given highest priority identifying where a community wants to support for purchase of development rights? agriculture over the long-term. There is no magic • What are the impacts of a highway project on recipe for this process. An analysis of local agricul- farmland? tural resources can be fairly simple or complex • Which site among development project depending on a community’s interests and available alternatives would least impact agricultural land? resources. The process of identifying priority farming areas The Land Evaluation (LE) component of the typically focuses on an analysis of soil types and LESA system uses a 1 to 100 scale to rank soils for other natural resource, land use and community cri- agricultural productivity. The Site Assessment (SA) teria. Some of the characteristics may include: criteria identifies numerous social, geographic, and economic factors that affect land-use decision mak- • Location of state certified agricultural districts ing, such as proximity to urban centers, level of agri- within the town; cultural investments and agricultural infrastructure. • Concentrations of farm parcels and/or Local communities play an important role in farm operations; identifying SA factors and weighing their impor- • Proximity to water or sewer lines or existing tance. When scoring systems from each component hamlets, villages, cities or other growth are completed, a combined score for each parcel is inducing factors; determined to provide a systematic and objective procedure to rate and rank sites for agricultural • Proximity to natural features such as streams importance. and wetlands or other community amenities Some communities have used a formal LESA sys- such as parks. tem for identifying priority farming areas. Other In addition to providing useful maps and other towns use the principles outlined in a LESA system community information, identifying priority farming to develop their own techniques. “Greenprints” or areas can also be an enlightening process, since it open space ranking systems are examples of local

23 American Farmland Trust’s Guide to Local Planning for Agriculture in New York prioritization systems that have used concepts con- sistent with LESA systems. Greenprint for the Future

Understanding Local Farms “The Greenprint provides a rational guide for Information gathering about farms should not directing preservation efforts to the most signifi- stop at mapping. Related data regarding the eco- cant resources,”said project planner John Behan. nomic, social, fiscal and environmental impacts of farms can provide a better overall understanding In 1990, the town of Pittsford faced a land use about how communities benefit from agriculture. crisis. The steady loss of farmland threatened to Results from “Cost of Community Services” stud- end this central New York town’s once thriving ies, meetings of agricultural advisory committees, agriculture. Only 12 farms remained in town. farmer focus groups and local surveys can help When planners projected that Pittsford would demonstrate the full range of benefits provided by be “built out” within a decade, town officials and farms. Information about the needs of local farms citizens decided to tackle their land use issues and the types of programs or policies that interest head-on. They drafted Greenprint for the Future, rural landowners can also be very helpful. which mapped out the town’s most valuable open land and outlined strategies for its protection. Having determined that their current zoning was Recommendations ineffective at preserving farmland, Greenprint rec- If a community has a specific goal of supporting ommended purchasing agricultural conservation agriculture, it makes sense to have a recommenda- easements on more than 1,000 acres.This was sup- tions or strategy section in the plan to help achieve ported by a fiscal impact study that showed it this goal. The recommendations should address would be cheaper to buy easements instead of pay- the unique business and land use needs of ing for municipal services on all that development. agriculture and how the town can help local farms After adopting an updated comprehensive town address their needs. plan in 1995, Pittsford’s town board appointed a Recommendations involving farms should not be committee to develop a rating formula to evaluate anchored only in an agricultural section. Some of the the town’s remaining land resources. Consultants biggest impacts on farms can occur when the inter- inventoried and evaluated more than 3,600 acres, actions of farm and non-farm land uses are not care- paying close attention to which agricultural, eco- fully considered. A community that does not plan to logical, historic and scenic land resources should be accommodate growth in its existing developed areas, a priority for protection. The highest-rated land for example, is more likely to experience growth that parcels were identified in Greenprint, which recom- conflicts with farming. As appropriate, the needs of mended preserving 60 percent of the town’s local farms should also be integrated into related sec- remaining open land. In 1996, the board unani- tions on business, open space and the environment, mously approved $9.9 million in bonds to purchase community infrastructure planning, property taxes, agricultural conservation easements on seven housing, town history and heritage and other areas. farms, totaling 1,100 acres. By engaging the community in the Greenprint planning process, town leaders were able to create a sense of cooperation in the face of potentially heat- ed issues. “There has been no real controversy – only community debate,” said town supervisor Bill Carpenter.“We have been able to bring all residents along on this issue. It’s critical to have a process that allows the community to come to consensus.” For more information, see the town of Pittsford’s Greenprint in the PDR section of the accompanying CD.

American Farmland Trust’s Guide to Local Planning for Agriculture in New York 24 CASE STUDY Warwick’s comprehensive plan also takes the important step of integrating agricultural interests Town of Warwick, New York into sections regarding residential growth and busi- 2000 Population: 30,764 ness development. 2000 Median Household Income: $61,094 2000 Median Single-Family Home Value: $155,700 CASE STUDY The town of Warwick in Orange County has Town of Seneca, New York actively worked to support local farms and protect 2000 Population: 2,731 farmland. The town’s commitment to agriculture is 2000 Median Household Income: $48,007 reflected in its comprehensive plan. The plan’s sum- 2000 Median Single-Family Home Value: $84,800 mary states, “Warwick is and should remain prima- rily a residential and agricultural community…. It is The town of Seneca is located in southeastern the intent of the Comprehensive Plan to accommo- Ontario County in one of the most fertile farming date new growth with the least impact on the envi- regions of the state. Eighty-six percent of the town is ronment. The Comprehensive Plan is a reflection of located in a state certified agricultural district. The the goal for preservation of the natural beauty of town contains a high concentration of productive Warwick and its rural quality of life.” agricultural soils. The plan has a specific section regarding agricul- The town’s 2002 update to its comprehensive plan ture that outlines community objectives for support- reflects the important role that agriculture plays in ing farms. The objectives are to: the community. According to the plan, “The loss of • Support the economic viability of farming; agricultural land and open space can have a negative impact on the economy of the town as well as • Create incentives for landowners to maintain land destroying the rural character that makes the town in agricultural use, keeping it affordable so new of Seneca a desirable place to live. By updating the farmers can begin farming; 1962 Master Plan, the town is taking a proactive • Preserve as many of the operating farms approach to controlling development and ensuring as possible; that the rural character of the town is preserved.” • Preserve the agricultural heritage of the town; The plan’s first goal is to “maintain and enhance • Discourage incompatible nearby land uses that productive agricultural and associated businesses.” have the potential to place burdensome pressures Sections regarding agricultural districts/lands on farming activities. describe the town’s agricultural resources and the importance of farming to the community. Strategies The agricultural section also describes the town’s are then identified to achieve the town’s stated agricultural resources and states why the town objectives of supporting farms and farm businesses. makes support for agriculture a priority. The plan’s These include: recommendations for achieving the town’s agricul- tural objectives include such tools as: • Foster the development of new food and agricultural industry businesses; • Purchase of Development Rights • Develop plans, policies and objectives in the • Transferring Residential Density town of Seneca that will attract and retain • Supporting Accessory Farm Businesses agribusiness enterprises such as fertilizer, seed • Encouraging Agri-Tourism and machinery dealers, grain, hay and other • Requiring Buffer Zones Between New brokers and dealers, etc.; Subdivisions and Farms • Consider future farmland protection for prime • Right-to-Farm Stipulations agricultural lands; • Citizen Education • Work with two neighboring towns to review recommendations from a regional Agricultural • Farmer Surveys and Land Use Planning Project;

25 American Farmland Trust’s Guide to Local Planning for Agriculture in New York • Discourage the subdivision of large parcels of • Support the Agricultural Districts Law and agricultural land and encourage the grouping of local District #6. smaller parcels owned by a single landowner into Seneca takes the further step of integrating agri- more manageable and productive tracts; cultural interests into sections regarding community • Discourage the placement of new utility infra- character, land use, economic development and structure upon agricultural lands; transportation. • Support the Right-to-Farm Law adopted in 2002;

American Farmland Trust’s Guide to Local Planning for Agriculture in New York 26 Many New York towns have zoning ordinances Zoning Ordinances that define “agricultural” or “rural” zones where agri- culture is a permitted use along with many other res- and Laws idential, commercial and/or industrial uses. For more information about zoning, see the However, many of these ordinances are descriptive following documents on the CD that of current (or past) conditions and are not necessari- accompanies this guide: ly prescriptive of desired future circumstances. Unless other significant planning measures are • New York State Department of State Guide to undertaken, the standards of such agricultural zones Planning and Zoning will permit the fragmentation of farm landscapes, • New York State Town Law Section 261-b— increasing the likelihood of conflicts between farm “Incentive Zoning” operations and new, nearby non-farm neighbors. (A good zoning ordinance is not necessarily the • Excerpt from Town of Kinderhook’s end of the story. Because property owners may be Zoning Code granted variances from the zoning ordinance under • New York Farmers Direct Market Association’s certain conditions by a zoning board of appeals, it is Model Zoning for Roadside Stands and Farm also important to ensure that the ZBA understands Markets the ramifications for agriculture of its decisions.) Zoning laws or agricultural zoning districts • Excerpt from Town of Seneca’s Zoning Code intended to support farms and protect farmland (P.27-32) often have some of the following objectives: • Excerpt from Town of Plainfield’s Zoning Code • Support a farm-friendly business environment; • Excerpt from East Donegal Township’s • Stabilize larger blocks of agricultural land; Zoning Code • Reduce the likelihood of future conflicts between farmers and non-farm neighbors by managing • Excerpt from Town of Ithaca’s Zoning Code new development patterns and providing for (P.34-43) growth in appropriate areas; • Excerpt from Peach Bottom Township’s • Prevent the conversion of the town’s most Zoning Code productive farmland or the division of the land • Excerpt from Alpine Charter Township’s into tracts that are too small to farm profitably; Zoning Code • Keep land more affordable for farmers to purchase. • Excerpt from Town of Washington’s Zoning Code • Excerpt from Skagit County’s Zoning Code (P.34-37) Zoning Techniques: Creating a • Excerpt from Town of Stuyvesant’s Zoning Law Supportive Business Environment In order to be successful, farm businesses need a • Excerpt from Town of Milton’s Zoning code supportive operating environment just as other busi- • Excerpt from Town of Beekman’s Zoning Code nesses do. They need market and business develop- ment assistance, financing, infrastructure and other support services. However, these needs are compli- Zoning ordinances and laws touch upon agricul- cated by the unique roles of farms and farmers in the ture in a variety of contexts. Zoning laws can specify town’s economy, landscape and community. In addi- where in a community farmers may operate and how tion, agriculture’s direct connection with the land- farms and related agricultural businesses can oper- scape, the seasonality of farm businesses and other ate. Zoning laws may also help to define whether aspects of farming add complexity to these issues. and how farmland may be developed into other uses. For example, a small farm stand that sells farm

27 American Farmland Trust’s Guide to Local Planning for Agriculture in New York products and other items shares common character- How Zoning and Planning istics with a retail outlet or convenience store. Measures Relate to New York However, the farm stand may only be open season- State Agricultural Districts ally and may be directly associated with a land- based farm operation. By comparison, the conven- Town governments considering new zoning or other ience store is likely to be open year-round for extend- planning measures should understand the important con- ed hours with high traffic flow. nection between New York agricultural districts and local Or, a dairy farm with barns and livestock facilities policy-making. Agricultural districts were first developed concentrated in a small area surrounded by acres of by the state in the 1970s to help provide a supportive busi- crop, pasture and woodland may share similarities ness environment for farming. Farmers operating in locally with a manufacturing facility, since both businesses created agricultural districts receive important state pro- create products intensively on concentrated acreage. tections from private nuisance lawsuits, new public projects However, the production taking place in the dairy that may impact farms and unreasonably restrictive local barns is directly linked with the surrounding scenic ordinances. working landscape of hundreds or thousands of This latter provision, New York State Agriculture and Markets Law (AML) Section 305-a, allows the commis- acres. Without a business environment that supports sioner of the New York State Department of Agriculture the intensive production in the dairy facilities, a and Markets to review local laws and determine if they town could lose the associated open space. are unreasonably restrictive of farm operations in agricul- Towns should understand the needs that farms tural districts. share with other businesses as well as the needs that When reviewing such measures, the commissioner are unique to existing agricultural businesses and considers: those that are likely to evolve or locate in town over • If the requirements adversely affect the farm opera- time. Both farms and farm support businesses, such tor’s ability to manage the farm operation effectively as veterinary, repair shops or farm machinery deal- and efficiently; ers, should be considered. The following are a series • Whether the requirement could impact production of strategies that towns can adopt to help create a options and affect farm viability; • If the requirement will cause a lengthy delay in the supportive business environment for farming. construction of new farm building or implementation of a practice; Benefits of Using Zoning to Create a Supportive • Compliance costs for a farm operation; Business Environment • The availability of less onerous means to achieve the • Popular with farmers and rural landowners; locality’s objective; • Supports important business needs of farm • If the local law addresses a threat to public health operations. or safety.4 In situations where a local law is determined to be unreasonably restrictive, the Department of Agriculture Drawbacks of Using Zoning to Create a Supportive and Markets will notify the local government and try to Business Environment negotiate a resolution. If rejected by the municipality, the • May draw criticism from non-farm residents if commissioner of the Department of Agriculture and new farm businesses or compatible non-farm Markets can bring an action or issue an order to enforce businesses don’t conform to their perception of this provision of the AML. (This has happened more than agriculture; once in recent years.) The key issue in this determination process: what is rea- • Limited direct impact on farmland conversion in sonable? Towns clearly have the authority to institute rea- areas experiencing high development pressure; sonable requirements on farm operations in agricultural • In some rural communities, many residents sim- districts if they are acting to protect public health or safe- ply don’t trust zoning enough to believe it will ty. Fortunately, most differences of opinion between town serve their interests. governments and the Department of Agriculture and Markets are resolved before the Department of Agriculture and Markets is forced to enforce the Agriculture and Using a Broad Definition of Farming Markets Law. New York has a tremendously diverse agricultur- al industry. The state is a national leader in the pro-

American Farmland Trust’s Guide to Local Planning for Agriculture in New York 28 duction of milk, apples, grapes, vegetables, horticul- cattle, sheep, hogs, goats, horses, poultry, ratites, tural products and other farm commodities. In addi- such as ostriches, emus, rheas and kiwis, farmed tion, the agricultural industry is frequently changing deer, farmed buffalo, fur bearing animals, milk, as farmers adapt to new market and operating con- eggs and furs. ditions. As globalization continues to accelerate, it is f. Maple sap. likely that the rate and extent of change within the g. Christmas trees derived from a managed agricultural industry will increase as well. These Christmas tree operation whether dug for trans- changes may include the production of different planting or cut from the stump. agricultural products or adoption of new production h. Aquaculture products, including fish, fish practices. products, water plants and shellfish. One example of this change is the increasing use of i. Woody biomass, which means short rotation greenhouses or other temporary structures for the woody crops raised for bioenergy, and shall not production of vegetables, fruits, horticultural prod- include farm woodland. ucts or livestock housing. While these structures may not conform to some traditional views of a farm, The section also recognizes that the equine indus- they are valuable to producers as they are a cost- try is an important and growing part of New York effective means for increasing control of growing agriculture. It defines commercial horse boarding conditions, which is of great importance in New operations as: York given the state’s varied and often challenging Commercial horse boarding operation: “means an weather conditions. agricultural enterprise, consisting of at least seven Definitions of farming in zoning and other town acres and boarding at least ten horses, regardless of ordinances must be broad to encompass this diversi- ownership, that receives ten thousand dollars or ty and rapid evolution of farming. Section 301 of the more in gross receipts annually from fees generated New York State Agriculture and Markets Law pro- either through the boarding of horses or through the vides a well-understood and broadly supported defi- production for sale of crops, livestock, and livestock nition of a farm operation: products, or through both such boarding and such Farm operation: “means the land and on-farm production. Under no circumstances shall this subdi- buildings, equipment, manure processing and han- vision be construed to include operations whose pri- dling facilities, and practices which contribute to the mary on site function is horse racing.” production, preparation and marketing of crops, These definitions may need to be slightly modified livestock and livestock products as a commercial for a town zoning code. However, including such enterprise, including a ‘commercial horse boarding broad and well-understood definitions of farms can operation’... Such farm operation may consist of one give existing farmers or new farmers the flexibility to or more parcels of owned or rented land, which adapt to new conditions. parcels may be contiguous or noncontiguous to each other.” Purposes of an Agricultural Zoning District and The statute defines “crops, livestock and livestock Permitted Uses products” as: The “purpose” of a specific zoning district Crops, livestock and livestock products shall describes the rationale behind the district’s designa- include but not be limited to the following: tion. It is the foundation upon which the district’s a. Field crops, including corn, wheat, oats, rye, terms and conditions should be based. A zoning dis- barley, hay, potatoes and dry beans. trict intended to support farms should clearly state b. Fruits, including apples, peaches, grapes, this emphasis within its purposes (previous sections cherries and berries. have sampled various “purposes”). c. Vegetables, including tomatoes, snap beans, Other uses considered within an agricultural zone cabbage, carrots, beets and onions. should be evaluated for their compatibility with the pri- d. Horticultural specialties, including nursery mary purposes. In agricultural zoning districts, each stock, ornamental shrubs, ornamental trees and permitted use should be carefully considered to make flowers. sure that it will not impair the business environment for e. Livestock and livestock products, including agriculture or accelerate the conversion of farmland.

29 American Farmland Trust’s Guide to Local Planning for Agriculture in New York For example, towns would be well-advised to kets as “a permanent structure that is owned make accommodations for mobile homes used on the and/or operated by a farmer which primarily sells farm for worker housing. Many farms need to have agricultural products and related goods to the their workforce located in close proximity, given the general public.” It applies the following standards for long and varied hours of farm work. In addition, farm markets. many fruit, vegetable and dairy farms employ (1) Farm Markets. The purpose of this section is to migrant laborers who require on-site housing. protect and regulate the establishment and operation Zoning codes that accommodate the need for farm- of farm markets, as defined in ~ 81-2, so they may worker housing can help farmers address challeng- continue to be a resource for farmers and tourism for ing labor issues. the town of Kinderhook. Towns may wish to allow additional uses in an (a) The size of the retail portion of the farm mar- agricultural zoning district while having slightly kets must not exceed 1,600 square feet. greater control over where and how such uses are (b) At least 75 percent of the retail floor area sited. This could be achieved by requiring special use must be utilized for the sale of agricultural, dairy or permits. Special use permits can allow a town to horticultural products. evaluate the specific merits of a proposal to deter- mine if it is compatible with farming, agriculture and (c) No more than 25 percent of the retail floor area the other purposes of an agricultural zoning district. can be utilized for the sale of complementary goods. (d) Farm markets can offer either preharvested or CASE STUDY customer-picked products. Town of Kinderhook, New York (e) Minimum parking requirements are one space 2000 Population: 8,296 for 100 square feet of retail floor space. 2000 Median Household Income: $52,604 In addition, the town permits seasonal farm 2000 Median Single-Family Home Value: $125,600 stands in four of its seven zoning districts with fewer site requirements. It defines a farm stand as “a non- Kinderhook permits farm markets in almost all of permanent structure, in excess of 30 square feet in its zoning districts as a means of supporting farm size, such as a table, vehicle, wagon or tent, used for operations and tourism. The town defines farm mar- the sale of agricultural products grown, raised or produced on the same premises.” (This set of standards is fairly typical of land use In its zoning code, the town of Kinderhook in laws that establish particular numeric boundary Columbia County clearly states its support for conditions. Because of the pace of change in agricul- agriculture and its intent to create a supportive ture and other arenas, these parameters should be operating environment for farms. The code’s revisited periodically to see if they still make sense section on agriculture incorporates: given community goals.)

• “Right-to-farm” protections for operating Supporting Direct Market Farm Businesses farms; Direct marketing is an important business strate- gy for some farmers. While farm stands, u-pick oper- • A notice to existing and prospective residents ations and other farm retail facilities are similar in about the town’s support for agriculture and concept to other retail establishments, there are its right-to-farm protections; important differences. Direct farm retail is often sea- sonal and limited in scale. Farm retail marketing • A subdivision policy encouraging the siting facilities typically support broader farm businesses of new dwellings away from prime that provide scenic farmland and other amenities to agricultural soils; the community. • A commitment to comply with the At the same time, some farm retail operations Agricultural Districts Law. reach an operation level on par with other commer- cial retailers. These farm markets can have traffic

American Farmland Trust’s Guide to Local Planning for Agriculture in New York 30 flow, parking requirements, and breadth of products Supporting Business Opportunities Compatible akin to small groceries or convenience stores. With Agriculture Additionally, some farmers are embracing agri- Modern farm families often have at least one tourism and developing new on-farm experiences member working outside of the farm. They may rely that stretch the boundaries for what are commonly on non-farm jobs for health insurance or a steady, considered farm uses. dependable salary. While many of these jobs occur This diversity in the scale of farm markets and away from the farm, some non-farm business oppor- farm retail/agritourism practices creates a challenge tunities may also take place in the home or in other for towns looking to support farm business opportu- buildings located on the farm. For example, non- nities while protecting the health, safety and welfare farm business opportunities might include: of town residents. Rather than treating all operations • Bed & Breakfast alike, towns should consider the size, nature, season- • Professional office in home ality and impact of farm businesses when establish- • Commercial bakery in home ing minimum or maximum requirements. For exam- • Gift shop in home ple, parking requirements for a smaller, seasonal • Hairdressing studio farm market should not be the same as those • Photography studio required for a year-round gas station and conven- • Interior design studio ience store or a large year-round farm market and • Commercial harvesting and trucking garden center. • Farm equipment repair Some questions that a town might ask when try- • Commercial composting ing to determine the appropriate standards to apply • Sales of crafts and production of crafts to a farm market or agritourism facility include: • Portable saw mill • Are the sales and other activities proposed at • Milk processing facility for off-farm milk the site related to a broader agricultural operation? • Welding assembly • Are at least 25 percent of the products sold at • Antique shop the facility produced by the owner/operator? • Automotive repair shop • Is the facility open year-round? • Does the facility offer extended hours of opera- Non-farm business opportunities can provide tion? important income to farm families. When farmers • Will the facility sell fuel and related products, and rural landowners have flexibility in establishing tobacco, alcohol not produced in New York, lottery compatible businesses, they may feel less pressure to tickets or other products usually associated with sell land for development. more traditional retail establishments?5 Some issues that towns may consider when evalu- Because many farms are not in prime commer- ating whether a new business use or commercial cial locations, advertising is critical for farm stands building is compatible with agriculture include and markets that sell directly to consumers. Towns whether: should review their local laws regarding on-and off- • The use will be of a nature, intensity, scope, size, site signs to make appropriate accommodations for appearance, type and quantity conforming to the seasonal off-site and on-site signs for farm retailers. existing personal or agricultural structures; By demonstrating flexibility in this area, towns can • New commercial buildings will be located in a support farm viability by helping farmers reach way that minimizes negative impact on future new customers. operations and expansion of agricultural uses and A sample zoning provision (located on the CD) can does not interfere with current agricultural opera- be used by towns in crafting ordinances appropriate for tions or displace farm or forestry storage, use, or direct market farm businesses: New York Farmers functions; Direct Market Association “Model Zoning for • The use is related to agriculture, forestry or Roadside Stands and Farm Markets.” open spaces; • The business will be conducted primarily by persons who reside on the farm or members of the

31 American Farmland Trust’s Guide to Local Planning for Agriculture in New York farm family or farm employees; Zoning laws with farm-friendly objectives are • The use is subordinate to the farm operation. often called “agricultural zoning” or “agricultural Subordination is based on the proportion of land protection zoning” and involve a variety of zoning and structures employed by the rural enterprise to approaches or techniques. This variety of zoning is those employed directly in the agricultural or generally applied to farming areas and is designed to forestry enterprise as well as the amount of time restrict uses or densities of non-farm uses that are and resources the farmer diverts from the agricul- seen as incompatible with farming. tural or forestry operation to the rural enterprise; A nationwide survey conducted by American Farmland Trust and Coughlin/Keene Associates in • The proposed use is not excessively more valuable 1995 found that 700 jurisdictions in 24 states had than existing structures that would make the some form of agricultural protection zoning. Sixty- subsequent sale of the farm to a bona fide farmer two percent of the communities were located in unlikely. Wisconsin and 13 percent were in Pennsylvania. Agricultural protection zoning laws take various CASE STUDY forms, depending on the scale and structure of the Town of Ulysses, New York local government; the nature and viability of the 2000 Population: 4,775 local agricultural industry; and the degree of devel- 2000 Median Household Income: $45,066 opment pressure in the community. Zoning laws 2000 Median Single-Family Home Value: $103,000 have been the most effective and able to withstand legal challenges when directly tied to objectives out- 7 The purpose of the town of Ulysses’ A1 agricul- lines in a community’s comprehensive plan. tural district is to “protect the agricultural land The most protective form of agricultural zoning, resources of the town of Ulysses and to promote, as often called exclusive agricultural zoning, restricts much as possible, the continued economic and oper- permitted uses to production agriculture and to resi- ational viability of agricultural enterprises in the dential, commercial or industrial uses deemed to be town of Ulysses.” directly compatible with farming. Other strong agri- The proposed zoning code includes “agricultural cultural zoning laws set very low permitted residen- commerce” as a permitted use in its A1 agricultural tial densities: as low as one residence per 640 acres in zoning district. Agricultural commerce is defined as: the western United States, for instance. “A retail or wholesale enterprise providing servic- Highly restrictive agricultural zoning laws have es or products principally utilized in agricultural pro- been important components of farmland protection duction, including structures, agricultural equip- efforts in other parts of the country. However, restric- ment and agricultural equipment parts, batteries tive zoning laws have had limited impact to date in and tires, livestock, feed, seed, fertilizer and equip- New York due to several factors, including the ment repairs, or providing for wholesale or retail sale region’s topography, agricultural industry, degree of of grain, fruit, produce, trees, shrubs, flowers or other development pressure and town-level decision-mak- products of agricultural operations.” ing process. (This section focuses on agricultural zon- Businesses engaged in agricultural commerce are ing laws that are most likely to be appropriate for permitted in this district subject to site plan approval New York.) but do not require a special use permit. Benefits of Using Zoning to Stabilize the Agricultural Land Base8 Zoning Techniques: Stabilizing the • Concept is relatively easy to understood and Agricultural Land Base administer; • Comparatively inexpensive for the public to Zoning laws can be used not only to provide a sup- implement; portive business environment for farming, but also to help stabilize the agricultural land base. Zoning • Can be implemented quickly when compared can help towns manage new development and mini- with other farmland protection tools; mize the effects of development on local farms. • Flexible tool can change as local conditions evolve;

American Farmland Trust’s Guide to Local Planning for Agriculture in New York 32 • Well-suited to more rural communities with lower size zoning reduces the density of new development development pressure. while doing little to protect land for farming. In fact, the resulting “larger” lots may consume available Drawbacks of Using Zoning to Stabilize the land resources more quickly, thus accelerating the Agricultural Land Base conversion of farmland. For this reason, the mini- mum lot size approach has had little success in limit- • May reduce land values and decrease ing the development of farmland in New York. landowners’ equity in land; (As noted previously, this set of standards is typi- • Can be politically difficult to set lot sizes and use cal of land use laws with numeric thresholds. In this restrictions that provide meaningful support for case, what works well for a while may prove prob- sustained agricultural use; lematic when market forces shift. If this tool is used, • Setting minimum lot sizes, such as one residential the parameters should be revisited periodically to see unit per five acres, may result in parcels of land if they still make sense given community goals and that are “too big to mow but too small to farm”; changes in agriculture.) • In areas with high levels of development pressure, a lower density lot size (such as one residential CASE STUDY unit per 20 acres) without other restrictions may Town of Plainfield, Illinois create a market for larger acreage “farmettes.” 2000 Population: 13,038 While the resulting parcels could potentially be 2000 Median Household Income: $80,799 farmed, the agricultural use of such large rural 2000 Median Single-Family Home Value: $198,300 lots could be threatened when non-farmers are willing to pay higher values than farmers The town of Plainfield, Illinois sets a minimum lot can afford. size of 40 acres per residential unit in its “agricultur- al district.” The law is fairly simple to understand and administer. Such a law is most likely to be appli- Minimum Lot Size cable in areas with large blocks of agricultural land The minimum lot size approach to agricultural and lower development pressure. zoning sets a minimum acreage requirement for sub- divisions and new development. Ideally, the mini- Density Averaging (Fixed Ratio or Area-Based mum acreage requirement should approximate the Allowance) size of a farm field that is economically viable for The density averaging, or fixed ratio approach, to continued agricultural use. In the western United zoning sets a fixed density for permitted residences States, the acreage required for a viable ranch might within an agricultural zone. This contrasts with the be hundreds of acres. On the East Coast and in parts minimum lot size approach, where the desired densi- of the Midwest, however, the minimum lot size ty is achieved by setting a corresponding minimum required for profitable, field-based agricultural use lot size. For example, if the desired residential densi- tends to range from 20 to 40 acres. ty were one residence per 20 acres, the minimum lot The minimum lot size approach is one of the sim- size approach would set a minimum lot size at 20 plest zoning techniques. However, this technique can acres. Thus, a 100-acre parcel could yield five 20- be difficult to use to effectively stabilize the agricul- acre parcels. tural land base. It requires setting the minimum lot By comparison, the density averaging approach size high enough to generate parcels that can be used identifies the desired density but does not use the for most field-based farm operations. The minimum minimum lot size as the principal strategy for achiev- lot size approach has also been criticized for ing this result. Instead, the density averaging being exclusive and limiting the availability of approach determines the number of residences per- affordable housing.9 mitted per parcel. For example, if the desired densi- Many New York towns use this approach in “agri- ty is determined to be one residence per 20 acres, a cultural zones,” setting the minimum lot size at 100-acre parcel could have five residences. A com- roughly two to five acres. Unless combined with munity might further specify a required minimum other restrictions, however, this type of minimum lot lot size of one acre (to comply with health depart-

33 American Farmland Trust’s Guide to Local Planning for Agriculture in New York ment requirements) and a maximum lot size of two “…preserve existing agricultural lands in the town acres. Instead of creating five 20-acre parcels as and protect the rural character of the area that rein- established by the minimum lot size approach, the forces the special quality of life enjoyed by residents density averaging approach could yield five 2-acre in Seneca…. The creation of the Agricultural Zoning lots and one 90-acre lot. District illustrates the Town’s commitment to farm- When combined with a maximum lot size require- ing as a preferred use in these districts and shall pro- ment for new residential development, the density tect existing agricultural areas from suburban and averaging approach can be a powerful tool for retain- urban development, encourage the continuation of ing larger blocks of farmland while allowing limited agriculture, reduce land use conflicts and preserve residential development. This approach is similar to open space and natural resources.” cluster zoning or conservation subdivisions in that it The agricultural zoning district permits one subdi- concentrates new development on smaller pieces of vided lot with one single-family dwelling for each land. However, cluster zoning or conservation subdi- parcel greater than five acres. The density standards visions may be better suited to larger subdivisions permit a maximum density of one unit if under 50 given the more complex planning requirements. acres and one unit per 50 acres if over 50 acres. For By comparison, density averaging is simpler and example, a 25-acre parcel would be allowed one sub- easier to apply to smaller subdivisions. It does not division. This would create two lots with opportuni- require complex site design but still keeps new resi- ties for a single-family home on each. A 60-acre par- dential development on smaller lots. Ideally, density cel would be allowed two subdivisions that could averaging should be complemented by other subdi- create three lots. In either case, subdivided lots must vision or design standards so that new subdivided be at least 45,000 square feet and have 150 feet of lots have minimal impact on nearby farm operations. road frontage. One of the challenges in administering a density The town and Ontario County use a computerized averaging zoning law is recording how many resi- real property system that allows them to document dences or subdivisions have been permitted for each permitted subdivisions. This tracking is important to parcel. Without the proper tracking of this informa- prevent the further development of parcels that have tion, parcels of land that had already “used up” their already used their permitted rights. allowed residential subdivisions could be further developed. Communities may want to augment the CASE STUDY information submitted in subdivision plats with a East Donegal Township, Pennsylvania master map or other creative measures to ensure that 2000 Population: 5,405 this important information is retained when town 2000 Median Household Income: $55,414 boards, planning boards and zoning boards of appeal 2000 Median Single-Family Home Value: $111,700 change membership. The town of Milton, New York requires the following notation on final plats when The zoning code for the township of East Donegal the subdivision approval required that a portion of establishes an “agricultural district” for the following the property remain undeveloped: “This plat was cre- purposes: ated under the open space incentive option of the • To preserve agricultural areas for agricultural use; Town of Milton Zoning Code, and any further subdi- vision of these lots is hereby prohibited.” • To protect productive farmlands as a means of prolonging agricultural viability and the vital CASE STUDY flavor of the Township, without financially overburdening local farmers; Town of Seneca, New York • To provide effective agricultural zoning that 2000 Population: 2,731 severely limits speculative development in favor 2000 Median Household Income: $48,007 of continued farm use; 2000 Median Single-Family Home Value: $84,800 • To allow for the use of agriculturally related The town of Seneca adopted an update to its zon- businesses as a means of accommodating limited ing code in 2004. The code includes an “agricultural industry while aiding farmers, but subject to strict zoning district” meant to: regulations that assure their compatibility within

American Farmland Trust’s Guide to Local Planning for Agriculture in New York 34 a rural context; ment. The zoning law sets a minimum lot size of one • To provide safeguards from intensive livestock acre and a maximum lot size of two acres for non- operations to minimize adverse impacts and to farm lots in its agricultural zone (with special excep- ensure compliance with applicable management tions when required by the Tompkins County measures; Health Department). In addition, the desired resi- dential density is set at one residential unit per seven • To protect, conserve and preserve the natural acres. The town planning board has the authority to resources of the Township; require clustering of the non-farm lots as a condition • To protect sensitive and important natural of subdivision approval. Some of the criteria that features from indiscriminate development; may be applied when siting the clustered units: • To preserve and enhance the community • Clustered lots should avoid prime agricultural character that makes it a unique, distinctive soils, defined as Class I and Class II by the USDA and identifiable place; Natural Resources Conservation Services or simi- • To promote the preservation of the historic lar or successor agency; architecture within the Township; • Clustered lots should not interfere with natural • To discourage sizable developments in areas not drainage patterns; served by public utilities. • To the extent reasonably possible, subdivisions One residence is allowed per 25 acres in the agri- shall be approved in a manner that maintains the cultural district. However, new subdivisions for resi- largest amount of contiguous acreage for open dential purposes are capped at a maximum of two space or agricultural use. acres. Two new lots are also allowed per parcel as While the town of Ithaca permits fairly concen- long as the new development occurs completely on trated residential development in comparison to nontillable land. East Donegal Township, its zoning law has received This combination of zoning tools—reduced densi- criticism from farmers and farm groups. Their argu- ty and maximum lot sizes for residences—can be an ments include concerns about reductions in effective way of maintaining farm parcels that are landowner equity as well as the process used to large enough for sustained agricultural use, while develop the new law. ensuring that people looking to buy land for new res- Such concerns represent broader challenges for idences don’t compete directly with farmers for agri- towns interested in using zoning and subdivision cultural land. In an area experiencing high develop- laws to protect farmland in an environment where ment pressure, a new zoning law that simply changes farm profit margins are tight. In these settings, the minimum lot size from two acres to 25 acres could it is ever more critical that farmers are actively simply shift interest among residential buyers from engaged early in the planning process. Regulatory small parcels to larger, rural estates or “farmettes.” tools should also be balanced with incentive-based Instituting a maximum lot size for new residential options. Communities facing this situation will development helps prevent this direct competition have to make tough choices about how best to between farmers and residential buyers, keeping land balance the community’s interests with individual affordable for young farmers looking to get started or landowner priorities. for established farms that need to expand.

Sliding Scale CASE STUDY Sliding scale zoning can be used to set the desired Town of Ithaca, New York level of residential densities and subdivisions. 2000 Population: 18,198 However, this flexible approach uses a “sliding 2000 Median Household Income: $45,281 scale,” depending upon the original parcel size, 2000 Median Single-Family Home Value: $140,300 rather than a fixed ratio for all size parcels. The slid- ing scale is used to promote the retention of larger The town of Ithaca’s zoning law has density aver- farm parcels while allowing for limited residential aging elements similar to East Donegal Township development. Thus, fewer acres are required per res- but permits more concentrated residential develop- idential unit or subdivision for smaller parcels in

35 American Farmland Trust’s Guide to Local Planning for Agriculture in New York comparison to larger parcels. The following density table from Peach Bottom The sliding scale approach has been used by sev- Township exemplifies the sliding scale approach to eral Pennsylvania townships in an effort to retain agricultural zoning. blocks of farmland that support a range of agricul- Ratio of tural businesses. While sliding scale zoning can help # of Acres/Dwelling achieve this goal, it is more complex to administer Parcel Permitted for Smallest Parcel than minimum lot size zoning, which can lead to Size Dwellings in Category confusion among landowners. 1-7 acres 1 1/1 (For 1 acre parcel) CASE STUDY 7-30 acres 2 3.5/1 (For 7 acre parcel) Peach Bottom Township, Pennsylvania 30-80 acres 3 10/1 (For 30 acre par- 2000 Population: 4,412 cel) 2000 Median Household Income: $42,778 80-130 acres 4 20/1 (For 80 acre par- 2000 Median Single-Family Home Value: $109,400 cel) 130-180 acres 5 26/1 (For 130 acre par- Peach Bottom Township established an agricul- cel) tural zone in its zoning ordinances for the following purposes: 180-230 acres 6 30/1 (For 180 acre par- “A primary purpose of the Agricultural Zone is to cel) permit, protect, and encourage the continued use of 230-280 acres 7 32.9/1 (For 230 acre the land for agricultural purposes. This Zone is com- parcel) posed of those areas in the Township whose pre- dominant land use is agricultural. The regulations 280-330 acres 8 35/1 (For 280 acre par- for this Zone are designed to protect and stabilize the cel) essential characteristics of these areas, to minimize 330-380 acres 9 36.7/1 (For 330 acre conflicting land uses detrimental to agricultural parcel) enterprises, to limit development which requires 380-430 acres 10 38/1 (For 380 acre par- highways and other public facilities in excess of those cel) required by agricultural uses and to maintain agri- cultural parcels or farms in sizes which permit effi- 430-480 acres 11 39.1/1 (For 430 acre cient agricultural operations.” parcel) 480-530 acres 12 40/1 (For 480 acre par- cel) 530-580 acres 13 40.8/1 (For 530 acre parcel) 580-630 acres 14 41.4/1 (For 580 acre parcel) 630-680 acres 15 42/1 (For 630 acre par- cel) 680-730 acres 16 42.5/1 (For 680 acre parcel) 730-780 acres 17 42.9/1 (For 730 acre parcel) 780-830 acres 18 43.3/1 (For 780 acre parcel) 830 acres or more 19 43.7/1 (For 830 acre parcel)

American Farmland Trust’s Guide to Local Planning for Agriculture in New York 36 Peach Bottom Township has also established a The principal difference between their approach maximum lot size for new residential subdivisions. and the Peach Bottom Township approach lies in the The standard maximum lot size in Peach Bottom complexity of the sliding scale formula and what it Township is one acre for a new residence unless manages. The Alpine Charter Township law con- the land cannot feasibly be farmed. To determine trols the number of permitted parcel divisions for whether a parcel can feasibly be farmed, the non-farm dwellings and sets a formula as follows: standards are: • Soil quality; Ratio of # of Permitted Acres/Lot Split • The existence of “features of the site such as Lot Splits for for Smallest rock too close to the surface to permit plowing, Size Non-Farm Parcel in swamps, the fact that the area is heavily wooded, of Parcel Dwellings Category or the fact that the slope of the area exceeds 15 percent”; 10 acres or less 0 0 • “Due to the fact that the size or shape of the area Greater than 10 suitable for farming is insufficient to permit effi- acres to 20 acres 1 10/1 (For 10.1 acres) cient use of farm machinery.” Greater than 20 Parcels that contain land of low quality for agri- acres to 40 acres 2 10/1 (For 20. cultural use may have more than one acre subdivid- Acres) ed for residential use. Greater than 40 CASE STUDY acres to 80 acres 3 13.3/1 (For 40. Acres) Alpine Charter Township, Michigan 2000 Population: 13,976 Greater than 80 acres 4 20/1 (For 80. 2000 Median Household Income: $42,484 Acres) 2000 Median Single-Family Home Value: $120,500

Alpine Charter Township has also developed a Because it does not control maximum lot sizes for sliding scale approach to agricultural zoning. non-farm dwellings, Alpine Charter Township’s This local law was “intended to ensure that land approach to sliding scale zoning could create compe- areas within Alpine Charter Township, which are tition among farmers and non-farmers for larger lots, well suited for production of food and fiber, are if the zoning is used in a town experiencing high retained for such production, unimpeded by the development pressure. This issue could be remedied establishment of incompatible uses which would by instituting a maximum lot size for non-farm hinder farm operations and irretrievably deplete dwellings or by other site planning requirements. agricultural lands.” Overlay Zones or Districts Overlay zones are used to augment a town’s zon- ing by instituting additional development standards or by establishing incentives for parcels that have certain characteristics. Agricultural overlay zones are often applied to parcels that meet some or all of the following criteria: • Minimum parcel size • High quality agricultural soils • Capacity for continued agricultural use • Located in a NYS certified agricultural district • Located in specific zoning districts

37 American Farmland Trust’s Guide to Local Planning for Agriculture in New York Parcels in overlay zones may be permitted addi- with the town’s cluster requirements found in its tional agriculture-related or compatible rural busi- subdivision code. Residential structures sited for ness uses. These parcels may also be subject to addi- parcels in this overlay district should be located: tional development guidelines that conserve key • On the least fertile agricultural soils and in a agricultural resources and limit the impacts of new manner which maximizes the remaining area for development on nearby agricultural uses. agricultural use; • In locations least likely to block scenic views; CASE STUDY • Within woodlands or on the edges of open fields; Town of Washington, New York • On the soils most suitable for subsurface sewage 2000 Population: 4,742 disposal; 2000 Median Household Income: $52,104 2000 Median Single-Family Home Value: $175,800 • In a manner which provides buffers between house lots and farm operations. The town of Washington in Dutchess County has In addition, the planning board may require a 75 established an “agricultural protection overlay dis- foot buffer with either fast-growing native trees and trict” with the following objectives: shrubs or naturally existing vegetation between resi- • Preserve agricultural land for food and dential and agricultural uses. fiber production; • Protect agriculturally productive farms; CASE STUDY • Maintain a viable agricultural base to support Town of Kinderhook, New York agricultural processing and service industries; 2000 Population: 8,296 2000 Median Household Income: $52,604 • Prevent conflicts between incompatible land uses; 2000 Median Single-Family Home Value: $125,600 • Reduce costs of providing public services to scattered non-farm uses; The purpose of Kinderhook’s “prime farmland • Pace and shape the growth of the town; overlay district” is to “promote agricultural uses, pro- • Protect agricultural land from encroachment by tect prime production soils, and to prevent non-agri- non-agricultural uses, structures or activities; cultural uses from negatively impacting continuation of farming as the primary use.” The overlay district • Maintain the rural, natural and scenic qualities requires conservation subdivisions for any subdivi- of the town. sion within the district. The agricultural protection overlay district applies The district also requires that new non-farm to parcels in specific zoning districts that: buildings be sited in a way that has the least negative • Are greater than 10 acres; impact on agricultural soils and farm operations. Buffers of at least 200 feet are also required between • Have at least 50 percent of the soils deemed prime new residences and agricultural parcels in the over- farmland soils or farmland soils of statewide lay district. The buffer must be placed on properties importance as established by the United States proposed for subdivision. Additionally, major subdi- Department of Agriculture; visions are required to have 30 foot vegetative • Are located in a New York certified agricultural buffers sited 20 feet from the boundary of any agri- district. cultural parcel. In addition to the uses permitted in the underlying The conservation subdivision requirements man- zoning district, additional uses are permitted in the date that at least 50 percent of the total parcel area overlay district including roadside farm stands, shall be designated as permanent open space. This employee housing for farm workers and agriculture- open space should protect conservation values related service or commercial uses. including agricultural, historic, water resource, sce- The town planning board may require that new nic or other natural resource values. Additionally, residential developments of three or more lots with- dwellings are to be sited on non-prime agricultural in the agricultural protection overlay district comply soils (if possible).

American Farmland Trust’s Guide to Local Planning for Agriculture in New York 38 CASE STUDY (3) Farm market development as an accessory use involving less than 4,000 square feet of gross floor Town of Warwick, New York area. Farm markets more than 4,000 square feet 2000 Population: 30,764 shall require a special use permit in accordance with 2000 Median Household Income: $61,094 § 164-46; 2000 Median Single-Family Home Value: $155,700 (4) Subdivision of one additional residential lot under the 1989 Zoning Law is permissible.” The town of Warwick’s Agricultural Overlay Residential development on land enrolled in the District is targeted at land that meets the following overlay district must be clustered to the greatest criteria: extent practical to avoid conversion of prime and “(a) Contiguous land in single ownership as of the statewide significant soils. Additional siting require- effective date of this chapter on which at least 50 per- ments steer new residential structures toward the cent of the surficial soils are classified as prime farm- least fertile agricultural soils and away from the land soils (Class 1 and 2), soils of statewide signifi- boundaries of protected farms, create buffers cance (Class 3 and 4) or black dirt soils as established between house lots and active farmland, and aim by criteria of the Natural Resources Conservation to achieve other agricultural and environmental Service, United States Department of Agriculture objectives. (hereinafter “agricultural soils”); or The Agricultural Overlay District is also closely (b) Parcels of land included in Agricultural District tied with the town’s Transfer of Development Rights 2 established pursuant to the New York State (TDR) program that defines land enrolled in the Agriculture and Markets Law, Article 25-AA, §§ 303 Agricultural Overlay District as the “sending areas” and 304, both as of the effective date of this chapter in the town. Receiving areas are zoning districts and as may thereafter be added to the District; or adjacent to existing villages and hamlets. The (c) Parcels of land receiving farm tax assessment as town’s TDR program also provides for of the effective date of this chapter and as may there- intergovernmental transfer of development rights after receive such assessment; or between the Agricultural Overlay District to (d) Parcels of land that are part of operating farms villages within the town. as of the effective date of this chapter; and (e) Other parcels of land, which because of their location within or adjacent to lands described in Setback Requirements Subsection B(1)(a), (b), (c) and/or (d) above and their Setback requirements help guide the location of undeveloped nature, large size or siting amidst farm- new buildings within approved building lots. lands are necessary to include in the AP-O District to Setbacks can help reduce the likelihood of conflicts prevent the proliferation of conflicting adjacent uses between neighbors and increase the compatibility of that could jeopardize the future survival of farming new development with surrounding land uses. Large within the District. setbacks from the road are sometimes promoted as a means of maintaining “rural character.” While mini- Owners of land within the Agricultural Protection mum setbacks of 100 to 200 feet or more from a road Overlay District Qualifying Area may voluntarily do ensure a longer sight line to new buildings, they choose to receive the benefits of the district by can also encourage or even require that new houses filing papers with the town clerk. Benefits of partic- be sited in the middle of farm fields rather than on ipation include: the edge of fields. (1) A transfer of development rights/purchase of development rights density bonus that affords a lot CASE STUDY yield based on the minimum acreage requirements Skagit County,Washington established in the 1989 Zoning Law of the Town of 2000 Population: 102,979 Warwick (compared with the lower densities permit- 2000 Median Household Income: $42,381 ted under the town’s 2001 update to its zoning code); 2000 Median Single-Family Home Value: $158,100 (2) Qualified participation in the Town of Warwick Open Space Leasing Program; Skagit County has established that new develop-

39 American Farmland Trust’s Guide to Local Planning for Agriculture in New York ment in its “agricultural-natural resource lands dis- some farmland protection supporters question the trict” be compatible with agriculture. According to compatibility of cluster subdivisions with nearby their zoning code, “The purpose of the agricultural- farm operations. Tom Daniels, a professor at the natural resource lands district is to provide land for University of Pennsylvania, describes clustering in continued farming activities, conserve agricultural the following way: “The problem with cluster zoning land, and reaffirm agricultural use, activities and is that most places that use it allow a fairly high den- operations as the primary use of the district. The dis- sity of one dwelling per two or one to three or five trict is composed mainly of low flat land with highly acres. At those densities, the result is likely to be clus- productive soil and is the very essence of the county’s tered sprawl. Moreover, the remaining farmland farming heritage and character.” will probably be used for low-value crops such as The code requires specific dimensional standards hay because animal agriculture with its manure and siting criteria so that new buildings are sited in a smells is not very compatible with nonfarm neigh- manner that minimizes the impact on farms. Skagit bors and their kids and dogs.”10 Communities con- County requires a 35 ft. minimum front setback as sidering clustering as a tool to retain farmland will well as a 200 foot maximum setback from public need to grapple with these concerns and integrate roads. This requirement is intended to prevent the strategies for limiting conflicts between farmers and siting of new houses in the middle of productive new nonfarm neighbors. Requiring appropriate farmland. Instead, the siting criteria states, “The sit- buffers and right-to-farm disclosure notices as part ing of all structures in the Agricultural-Natural of the final subdivision approval may help address Resource Lands district shall minimize potential these issues. impacts on agricultural activities,” to be achieved by Additional issues to consider: siting structures on the edge of a property, either adjacent to the road or an interior lot line. • Will the clustering provision be mandatory or This type of approach works especially well when voluntary? a new home is sited on property adjacent to an exist- • If you choose the voluntary approach, what ing home. By requiring a new home to be placed in incentives will you provide to encourage cluster- close proximity to an existing home or homes, the ing? (Some incentives might include additional town can encourage the retention of the largest areas permitted residences, a streamlined approval of farmland and create buffers between houses and process with reduced fees, or reduced road nearby farm operations. frontage requirements or road standards.) • Who will own the open land that can not be Cluster Zoning developed? The clustering of new residential subdivisions encourages the concentration of new residences in a • Will you require a conservation easement portion of a property while keeping a piece or pieces on the open land to keep it permanently of a property undeveloped. This technique is also available for farming? called conservation subdivision or open space devel- • Will the clustered residences require public water opment design. Cluster zoning aims to produce sub- or sewer, today or in the near future? If so, can divisions that retain critical farmland, natural areas this be accommodated in a way that will not and other open spaces while accommodating new accelerate the conversion of additional farmland? development. From an agricultural perspective, cluster subdivi- sions can concentrate new houses in woods or on less CASE STUDY productive soils while keeping more productive Town of Stuyvesant, New York acreage available for farming. This can be an appeal- 2000 Population: 2,188 ing way of keeping the most productive cropland 2000 Median Household Income: $49,904 available for farming while accommodating new 2000 Median Single-Family Home Value: $106,500 development. However, important issues must be debated when The town of Stuyvesant uses an incentive-based considering cluster subdivision standards. First, approach to encouraging the clustering of new hous-

American Farmland Trust’s Guide to Local Planning for Agriculture in New York 40 ing and the retention of prime farmland. State law requires the following procedures to be Landowners proposing cluster subdivisions on followed for the provision of incentives or bonuses: parcels greater than 10 acres can receive a density • Each existing zoning district in which incentives bonus of one additional lot for each 10 acres of build- can be awarded must be designated and incorpo- able area. The density bonus is in addition to the rated in any zoning ordinance and map; standard number of lots permitted under the town • The legislature must find that each of the code. To be considered a cluster subdivision, 50 per- proposed districts has the capacity to absorb cent of the parcel must be permanently protected for the additional development authorized by the conservation purposes including agriculture, incentives; forestry, ponds, passive recreation or recreational uses such as wooded parks, hiking trails, bridle paths • The town must make a determination whether or other uses having a low impact on the environ- the development allowed by the zoning incentives ment. In addition, if a landowner agrees not to create will have significant environmentally damaging building lots or other development on lands contain- consequences. If significant environmental ing prime or statewide important soils, they are eligi- impact is projected, a Generic Environmental ble to receive an additional building lot per 10 acres Impact Statement (GEIS) must be completed. of prime farmland that is proposed for permanent A proportionate share of the cost of the GEIS conservation. shall be paid by each applicant for incentives under the system; • A system or procedure must be established for CASE STUDY applying the zoning incentives to specific parcels; Town of Milton, New York • The town must determine whether the legislation 2000 Population: 17,103 will impact the availability of affordable housing. 2000 Median Household Income: $45,262 If so, it must take action to compensate for this 2000 Median Single-Family Home Value: $106,600 impact. Towns are further authorized to accept payment The town of Milton offers an “open space incen- in lieu of suitable community benefits if the provi- tive option” that gives the town planning board the sion of such benefits is not feasible or practical. ability to increase the maximum density in the To be successful, incentive zoning ordinances town’s R2 zoning district in return for permanent must articulate clear expectations for the benefits open space protection. The provision allows the that will be received by both the developer and the planning board to increase the number of permitted public. Both sides must receive something of per- residences by 50 percent on properties greater than ceived equal value to make such a system work well. 10 acres as long as 50 percent of the original land becomes permanently protected open space. The town makes decisions about proposals for open CASE STUDY space incentive options based upon its Rural Town of Beekman, New York Development Design Guidelines and the town’s 2000 Population: 11,452 desire to conserve open space resources, including 2000 Median Household Income: $65,610 existing farms and land suitable for agricultural use. 2000 Median Single-Family Home Value: $183,700

Incentive Zoning The town of Beekman passed an incentive zoning New York State Town Law Section 261-b author- provision in 2001. The law authorizes the town izes towns to offer incentives or bonuses to develop- board to grant zoning incentives “to property devel- ers if they advance “the town’s specific physical, cul- opers to encourage the provision of certain commu- tural or social policies.” Such benefits may include nity benefits or amenities such as parks, open space, the provision of open space, affordable housing, public active and passive recreational opportunities recreational facilities, day care or elder care facilities, and other physical, social or cultural benefits or infrastructure improvements, drainage improve- amenities that are in compliance with the town com- ments or the construction of cultural amenities. prehensive plan.”

41 American Farmland Trust’s Guide to Local Planning for Agriculture in New York One of the benefits that could be provided by a area, setbacks or increased impervious lot coverage, developer includes the “permanent conservation of floor area ratios, building heights or other standards). natural areas or agricultural lands.” In exchange, a The town law further describes the process and developer could receive an increase in permitted res- standards to be used in evaluating projects put idential density or reductions in requirements for forth for consideration under this provision of the non-residential development (decreased minimum lot zoning law.

American Farmland Trust’s Guide to Local Planning for Agriculture in New York 42 Drawbacks of Subdivision Laws Subdivision Ordinances • May not prevent farmland conversion; For more information about subdivision ordi- • Ability to prevent future farm/neighbor conflicts nances, see the following documents on the CD is limited; that accompanies this guide: • May be opposed by landowners who dislike • Southern Tier Central Regional Planning & land use regulations. Development Board Rural Design Workbook • Hudson Valley Greenway’s “Saving Farmland with Development” The Subdivision Review Process • Excerpt from Town of Easton’s The subdivision review process allows a town Subdivision Law planning board to understand a proposed subdivi- • Excerpt from Town of Caton sion, its compatibility with community interests and Subdivision Regulations potential problems that might be posed by the sub- division. Towns can use this process to gather infor- mation from the proposal’s sponsor to better under- Subdivision ordinances govern the division of stand how the project may impact local farms. larger parcels into smaller pieces of land. These laws However, to review subdivisions effectively, it is provide a town planning board with the authority to important that towns have review criteria specific to review and make decisions about proposed subdivi- agriculture. sions to protect public interests and to ensure that Some criteria that towns can require developers to new subdivisions don’t accelerate flooding and ero- address in proposed subdivision applications: sion, traffic problems, noise pollution and other neg- ative impacts to the town.11 • Consistency with the town’s comprehensive plan; Subdivision ordinances often require a plat or • Compatibility with New York certified sketch that depicts the proposed location and agricultural districts in the town; dimensions of new roads and lots and other land- • Identification of growth-inducing aspects of the scape features. These features may include wet- project that may require additional public servic- lands, floodplains, large trees and other natural es or have future impacts on community interests; resources or improvements such as utility lines and Analysis of potential impacts to: easements, archeological sites, sewers, sidewalks, street lighting, etc. • Prime, statewide important or other productive From an agricultural perspective, subdivision agricultural soils ordinances can require the review of important • Nearby farm operations (with an emphasis on information about the potential impacts of new sub- farm buildings and infrastructure, particularly divisions on productive farmland and nearby farm livestock) and the viability of commercial operations. They also can stipulate design standards agriculture in the town that help reduce the potential impacts of new subdi- • On and off-site drainage patterns, particularly visions on farms and farmland. field tiling and ditching • Historic structures and sites Benefits of Subdivision Laws • Visual character of the area • Process provides important information to support informed town decision-making; • Capacity of existing roadways, fire protection, and other public services such as water and solid • Help limit the impacts of new subdivisions on waste disposal nearby farm operations; • Traffic generated and compatibility with • Can steer new development away from local roadways productive farmland; • Land values and land speculation • May reduce likelihood of future farm/neighbor conflicts.

43 American Farmland Trust’s Guide to Local Planning for Agriculture in New York Towns should also require copies of agricultural and the proximity of infrastructure (particularly live- data statements for land use determinations affect- stock housing) to neighboring properties, given the ing property within 500 feet of a farm operation dominant wind and weather patterns. The thought- in a state certified agricultural district. Notice of ful siting of new homes in areas located “upwind” intent filings (for public projects) can also be from livestock housing or in places screened from required to better ascertain the impacts of projects prevalent wind patterns can help reduce complaints proposed in agricultural districts. Notice of intent fil- about the sights, sounds and smells of nearby farms. ings are reviewed by county agricultural and farm- Another design consideration is the location of land protection boards and the New York State existing field tiling and ditching. Such infrastructure Department of Agriculture and Markets. Towns can improvements drain water from farm fields and require copies of these comments to obtain further increase their productivity. New development that insight into potential impacts of proposed public interrupts the flow of water from neighboring farm projects on agriculture. properties may create headaches for neighboring farmers and impact the productivity of their land. Towns should plan new subdivisions in a way that is Subdivision Standards compatible with existing field drainage patterns. Subdivision or design standards integrate the Field access to neighboring farm properties should information gathered as part of the review process also be considered in subdivision plans. Subdivisions with landowners’ interests and community priori- that site new houses along roadways and leave farm- ties. Ideally, they ensure that proposed subdivisions land with restricted access in the back may signifi- are well-designed, promote the orderly development cantly limit opportunities for the land to be actively of infrastructure and mitigate environmental used for agriculture. This is an important considera- impacts. Subdivision design standards can be used tion given the increasing size of commercial farm to steer new development or infrastructure away equipment, which may need wider access routes. from productive farmland. They also can require Reduced road frontage requirements and that measures are taken to prevent future conflicts road/driveway standards are other design incentives with nearby farm operations. for creatively siting new houses in ways compatible with agriculture. By reducing building costs and Locating New Infrastructure Creatively administrative fees or by providing opportunities for One strategy for encouraging the retention of pro- new houses to be creatively sited, towns can encour- ductive farmland is to guide the siting of infrastruc- age landowners to adopt town design principles. ture such as utility lines, driveways and service lat- However, the “flag lots” or other creative subdivi- erals. Utility lines can be placed on less productive sions that may result must be carefully sited to land or buried below plow depth. Driveways can be make sure they do not accelerate the conversion of sited on the edge of farm fields rather than through farmland. Some New York communities have the middle. Shared driveways can be used to limit specifically prohibited these types of subdivisions the number of roadways that bisect farm fields. because they have been used to develop farmland Towns can require that service laterals are buried. or other undeveloped land on parcels without sufficient road frontage. Communities must clearly Siting New Residences state their expectations and priorities in subdivision Towns can help retain the most productive land laws so that creative design approaches do not for farming by encouraging the siting of new houses have unintended consequences. Communities also away from productive cropland. Towns can keep the must be sure that the language in their design most productive cropland available for farming by standards is not vague, giving landowners and locating new houses in wooded areas or on less pro- design professionals clear direction as they develop ductive soils. By siting structures on the edge of a their plans. Clear, concise standards also benefit property and near existing structures, towns can help planning boards by limiting variations in reduce the footprint of nonfarm construction. interpretation, ensuring uniform application and Additional considerations should be made regard- providing protection against successful court ing the proximity of new houses to farm buildings challenges.

American Farmland Trust’s Guide to Local Planning for Agriculture in New York 44 Conservation Subdivisions • Locate house sites; Conservation subdivision laws are similar in con- • Align streets and trails; cept to cluster zoning ordinances. Both concentrate • Draw in the lot lines. new development on certain parts of a parcel to pro- This process makes conservation the first priority tect key resources on other parts of a property. in the subdivision process rather than the last. The Conservation subdivision ordinances often regulations require applicants to develop an describe an alternative subdivision process that pri- improvements construction plan that articulates the oritizes the identification and protection of key location of new infrastructure, the location of parks resources such as active farmland, wetlands and or other open space, landscaping plans and other waterways, historic areas, wildlife habitat, etc. This aspects of the subdivision. process contrasts with the traditional subdivision approach of siting new houses and roads first and Buffers then identifying key resources that would be pro- Buffers are a popular strategy for reducing con- tected by a site plan. flicts between new residents and nearby farm opera- By identifying key resources first, the conserva- tions. Buffers on the edges of residential subdivisions tion subdivision process can be used to site new are generally as small as 30 feet to as large as 600 houses and roads in a manner that minimizes feet. They are kept undeveloped to screen out the impacts to farmland and other natural resources. sights, sound and smells from nearby farm opera- For more information about conservation subdivi- tions. Tree or shrub plantings can be required to fur- sions, see the Rural Design Workbook in the CD ther reduce the movement of dust and sounds. appendix. Fencing can also be required to minimize trespassing on nearby farm property. CASE STUDY For new subdivisions proposed on open land— pastures, cropland, etc.—landscaping plans can be Town of Caton, New York required as a condition of final subdivision approval 2000 Population: 2,097 with occupancy certificates withheld until the plan is 2000 Median Household Income: $45,875 implemented. Tree plantings and other landscaping 2000 Median Single-Family Home Value: $74,100 improvements can then help screen air movement and limit conflicts involving nearby farm practices. The town of Caton’s new subdivision regulations In all cases, buffers should be required as part of include a step-by-step conservation subdivision new residential subdivisions. They should not design process and cluster development provision restrict farm operations on neighboring properties. with the purpose “to encourage flexibility of design This practice allows farmers to retain productive use and land conservation and to develop land in such of as much of their land as possible, while ensuring manner as to preserve the natural and scenic quali- that a new subdivision is as compatible as possible ties of open lands while reducing the construction with nearby land uses. and maintenance costs of infrastructure.” While buffers can play an important role in A traditional subdivision plan can be submitted screening new subdivisions from nearby farms, it is for major subdivisions (five or more lots) only if it is unrealistic to expect that they will prevent all demonstrated that a traditional layout would be farmer/neighbor conflicts. Some communities take most beneficial to the community and compatible the additional step of requiring that right-to-farm with the site. Otherwise, a cluster development is disclosure notices are filed with final subdivision required that retains 50 percent of the land as unde- plans or distributed with occupancy certificates for veloped open space. The ordinance further describes new residences in a subdivision. the process to be used for developing the sketch for the proposed subdivision. These steps include: CASE STUDY Conservation Subdivision Steps Town of Easton, New York • Identify primary conservation areas; 2000 Population: 2,259 • Identify secondary conservation areas; 2000 Median Household Income: $43,194 • Identify potential development area; 2000 Median Single-Family Home Value: $99,000

45 American Farmland Trust’s Guide to Local Planning for Agriculture in New York The town of Easton’s emphasis on supporting adverse impacts on farm enterprises. Through agriculture and mitigating the impacts of new devel- these provisions of its subdivision law, the town of opment on farms is evident throughout its subdivi- Easton is using the SEQR process to better sion law. The town has a multi-stage subdivision evaluate the environmental impacts of new process that begins with a pre-application confer- subdivisions on agriculture and is lowering the ence. At this conference, the applicant has the oppor- threshold for this more thorough review. tunity to discuss the subdivision, the town’s subdivi- In addition to a thorough subdivision review sion process and the compatibility of the proposed process, the town of Easton stipulates design stan- subdivision with Easton’s comprehensive plan and dards or subdivision policies that are supportive of agricultural districts. Applicants must provide the agriculture. They include: required subdivision application forms as well as a • Utilities should generally not be brought across copy of an agricultural data statement (as required agricultural land. If necessary, alternatives should by New York State Agricultural Districts Law for be considered including alternative user locations, land use determinations affecting property within rerouting utility lines or subsurface installation to 500 feet of a farm operation located in an agricultur- assure that such facilities are not damaged by al district). farm equipment. Minor subdivisions (four or fewer lots) undergo a two-step process, while major subdivisions (five or • Subdivisions of more than 12 lots should be more lots) have a three-step process. The process for phased to safeguard the quantity and quality of both scales of subdivision then moves to sketch plan ground water. Six lots shall be the maximum review. The sketch plan must include the location of number of lots approved at any one time. the sketch plan in relation to agricultural districts • Disclosure notices must be given to new recipients and also contains the agricultural data statements. of land in a subdivision approved by the town. If a landowner submits a formal application, the These notices state the town and state’s support planning board must determine whether the pro- of agriculture and inform new residents to be posed action is subject to SEQR review procedures. aware of their close proximity to active farm In making determinations of significance and identi- operations. fying areas of environmental concern, the planning • Driveways should not bisect agricultural land in a board reviews submitted documents as well as maps manner that will disrupt cropping patterns or of land enrolled in agricultural districts. In addition, remove agricultural land from crop production. the town has added to the list of “Type I actions” any “unlisted action that includes a non-agricultural use • For new subdivisions of open land creating four occurring wholly or partially within an agricultural or more lots, the subdivider shall submit and district…which involves the physical alteration of implement a landscaping plan to reduce the trans- one or more acres and/or exceeds 10 percent of any mission of noise, dust, glare and other undesirable threshold established for Type I actions in SEQR, effects from neighboring properties. whichever is lower.” • Buffers should be included in residential subdivi- For projects that require the filing of an environ- sions as a means of reducing the likelihood of con- mental impact statement, the town of Easton flicts with nearby farm operations. Buffer dis- requires an agricultural element when the proposed tances will be decided on a case by case basis but action is located within or contiguous to an should generally be between 30 ft and 600 feet agricultural district. The agricultural element wide. Further mitigation measures may be con- requires a description of the short- and long-term sidered including the reduction of the number of impacts on agriculture, alternatives to the proposed lots in the proposal and/or the locating of lots in a action and mitigation measures to minimize manner that provides a more protective buffer.

American Farmland Trust’s Guide to Local Planning for Agriculture in New York 46 enues and expenditures by land use to determine Local Property Tax their impacts on local budgets. COCS studies have consistently shown that farm Reduction Programs and forestland generate more public revenues than For more information about property tax reduc- they receive back in public services. These lands tion programs, see the following documents on may generate less tax revenue than new residential the CD that accompanies this guide: development, but they typically cost communities significantly less in public services. By comparison, • American Farmland Trust’s New York residences require greater public costs, principally Agricultural Landowner Guide to Tax, because of local school expenditures. Therefore, the Conservation and Management Programs net tax impact of farm and forestland on a commu- • New York State Office of Real nity is positive while the net effects for residences are Property Services: negative. COCS studies can help dispel the myth that con- • Agricultural Assessment for Rental verting farmland will lower local property taxes. Landowners COCS studies are not meant to judge the overall • Agricultural Assessment Forms public good or merits of any land use. But, they can be an effective tool for a community interested in • Farm Worker Housing Exemption Forms understanding the impacts of various land uses. For • Farm Building Exemption more information about COCS studies, see the AFT COCS factsheet in the appendix. • New York State Department of There are several state programs available to help Taxation and Finance: reduce property taxes on actively managed farm and • Farmers’ School Tax Credit forestland, including: • Agricultural Assessment Program • Historic Barns Tax Credit • Farmers’ School Tax Credit • New York State Real Property Tax Law • Farm Building Exemptions Sections 483, 483a and 483c • Forest Land Exemptions Farmland is a critical asset for farm businesses. • Replanted or Expanded Orchards or Vineyards However, its purchase and maintenance requires a Town efforts to supplement state tax relief pro- significant investment for farmers. The on-going grams can be an important component of local costs of land ownership include management strategies that support farm operations and protect expenses and improvements such as tiling and ditch- farmland. ing. Property taxes are an additional burden for farmers and rural landowners. Property taxes Benefits of Local Property Tax Reduction Programs increase the cost of doing business for farmers. They can also create financial hardships for rural • Reduce operating costs for farm operations landowners who rent land to farmers. In a worst- • Help bring property taxes in line with case scenario, high property taxes can force public services required by farm and forestland landowners to sell their land for development • Popular with farmers and rural landowners because they can’t afford to pay them. The use of property taxes to fund local services, Drawbacks of Local Property Tax such as town and county governments and schools, Reduction Programs can seem problematic because farms and forestland generally receive fewer local services than they pay • Shift property tax burden to other taxpayers for through property taxes. Cost of Community or revenue sources Services (COCS) studies conducted by AFT and • Typically do not provide permanent others around the country have analyzed local rev- protection to farmland

47 American Farmland Trust’s Guide to Local Planning for Agriculture in New York • Can encourage land speculation by reducing about the assessment of farm structures to ensure carrying costs prior to a landowner selling that farm building assessments are fair and accurate. property for development Adopting Agricultural Assessment Values for Acting as a Resource for Landowners Service Districts Providing information about existing property tax New York’s Agricultural Assessment Program reduction programs is one simple way for towns to provides “use value” assessment for actively man- help reduce the property tax burden on farmers and aged farmland meeting the eligibility requirements. rural landowners. A variety of tax relief programs Agricultural assessment allows farmland to be taxed are available in New York, but they can be difficult for its agricultural value, rather than its market (non- for landowners to understand. Towns can act as a farm development) value. Enrolled properties resource for landowners by having information receive agricultural assessment for town, county and about available programs easily accessible at town school taxes. halls and by promoting the programs in town The governing body of a fire protection or ambu- newsletters and on town websites. Such a simple lance district may adopt a resolution stating that effort could help farmers and rural landowners save agricultural assessment values should be used to thousands of dollars in property taxes each year. determine the taxes levied by that district. Such a measure ensures that farmland is taxed at its current, non-speculative value, recognizing that farmland AFT’s New York Agricultural Landowner Guide to generally requires fewer public services and should Tax, Conservation and Management Programs is a be taxed appropriately. resource for towns and landowners with informa- Term Easement/Property Tax Abatement Programs tion about property tax reduction programs. As discussed in more detail in the Lease of Development Rights section, a number of New York Providing Appropriate Assessments for Farm towns have developed local programs that reduce Buildings and Structures property tax assessments on land protected by term Farm buildings and related structures are an inte- deed restrictions. Authorized by Section 247 of the gral part of farm operations. Since agricultural struc- General Municipal Law, these programs have been tures have unique purposes, they often cannot be used to stabilize farmland and other undeveloped easily transformed for other uses. Farm buildings areas by reducing property tax assessments by 25 to can be expensive to construct, and they often depre- 90 percent in exchange for five to 25 year deed ciate rapidly. Towns may find it challenging to estab- restrictions. Such programs can be an important lish appropriate assessments for farm buildings. complement to existing property tax reduction Town assessors should seek special training from programs, especially for part-time farmers or Cornell Cooperative Extension, the New York State other rural landowners who do not qualify for Office of Real Property Services or other agencies agricultural assessment and other existing programs.

American Farmland Trust’s Guide to Local Planning for Agriculture in New York 48 PDR programs place a deed restriction, common- Purchase of ly known as a conservation easement, on the prop- erty. In most cases, conservation easements are per- Development manent agreements tied to the land that apply to all Rights (PDR) future owners. These binding agreements permit specific government agencies (federal, state, county, For more information about purchase of develop- municipal) and/or qualified private, nonprofit ment rights, see the following documents on the organizations to have the right to prevent nonfarm CD that accompanies this guide: development or activities that could interfere with • American Farmland Trust Fact Sheets present or future agricultural use on the property. • New York State Farmland Protection The goal of agricultural conservation easements is Program to protect land to help support the business of farm- • Agricultural Conservation Easements ing and conserve productive soils for future genera- • Estate Planning tions of farmers. Land subject to an agricultural • Installment Purchase Agreements conservation easement can still be farmed or used • Local PACE Programs for forestry, recreation and other uses compatible • State PACE Programs with agricultural activities. Since agriculture is con- • PACE stantly evolving, agricultural conservation ease- • PACE Funding Sources ments typically provide opportunities for farmers to construct new farm buildings and farm worker • United States Department of Agriculture housing or to change commodities or farm practices. NRCS Farm and Ranchland Protection In general, the value of a permanent conservation Program Fact Sheet easement equals the fair market value of a property • New York State Department of Agriculture and minus its restricted value, as determined by a certi- Markets Model Agricultural Conservation fied real estate appraiser. For example, if the full Easement market value of a parcel of farmland is $400,000, but the land is worth $100,000 when protected, then the • New York State Environmental Conservation farmer would typically be paid the difference of Law Article 49 Section 3 $300,000 for selling the development rights. PDR is • Excerpt from Town of Warwick Code popular with many landowners in part because the • Town of Riverhead Community Preservation payment is financially competitive with develop- Act Law ment offers.

Benefits of PDR programs PDR, also known as purchase of agricultural con- • Protect farmland permanently, while keeping it in servation easements (PACE), is a voluntary private ownership approach to farmland protection that pays landown- ers for permanently protecting their land for agricul- • Participation is voluntary ture. In general, landowners possess a variety of • Allow farmers to transform land assets into liquid rights to their property, including the right to use assets that can be used for other purposes water resources, harvest timber or develop their • Can protect a variety of agricultural and natural property consistent with local regulations. Some or resources all of these rights can be transferred or sold to • Help keep agricultural land affordable for another person. farmers PDR programs essentially pay landowners to extinguish their rights to develop their land. Private landowners retain other ownership rights to the Drawbacks of PDR programs property. The property remains on the tax rolls, and • Purchase of easements is expensive its taxable value should be based upon these remain- • Demand for the programs is usually far greater ing rights. than available funds

49 American Farmland Trust’s Guide to Local Planning for Agriculture in New York • The voluntary nature of PDR programs makes it protection map that ranks each farm property in the likely that some important farms will not be community. Realistically, the comprehensiveness protected and complexity of a local strategy should be bal- • PDR projects are time consuming anced by the community’s available time and resources. Because PDR programs tend to be • Monitoring and enforcing conservation easements landowner driven, properties identified on local requires an ongoing investment of time and maps may never be protected. Towns that spend resources years identifying, prioritizing and analyzing may lose opportunities for actual farmland protection. Issues to Consider in Developing Local PDR Programs How will projects be funded? PDR programs can be an important “carrot” to counterbalance the “stick” of land use regulations. This question presents one of the most significant This is especially true in communities experiencing challenges for towns that want to establish PDR pro- high development pressure, where there is a need for grams. Purchase of development rights is attractive farmland protection alternatives that are financially because it offers a significant financial incentive for competitive with development proposals. PDR pro- landowners. However, communities often are faced grams can allow communities to permanently pro- with significant landowner interest as well as rising tect significant blocks of land as a resource for local real estate prices. Without a consistent source of farms. This protected land will also be a community PDR funding, local programs can be stifled and may resource, providing local food, rural character and make slower progress than originally anticipated. cherished scenic landscapes. Some of the traditional funding sources for local However, PDR programs are not a panacea. They PDR programs in New York include: will not solve all of the problems that challenge local • New York State Farmland Protection Program farms. The programs are often expensive, and PDR • United States Department of Agriculture’s Farm program implementation takes considerable time and Ranch Land Protection Program13 (FRPP) and requires specific knowledge and skills. • Town bonds Towns debating whether to start or support a • Town property taxes PDR program should consider the following: • Town real estate transfer taxes All of the above funding sources have benefits and drawbacks. The state and federal programs provide What types of land do you want to grants to eligible governments, which is an attractive protect? How will you determine option for local governments since the grants can your priorities? bring hundreds of thousands of dollars to local proj- ects. The downside to the state and federal programs Due to the voluntary nature of PDR programs, is that they are currently significantly oversub- landowners largely determine which properties end scribed and require cost share funds. up enrolling. However, towns can benefit from hav- ing a ranking system, map or other plan that guides New York State Farmland Protection Program local farmland protection priorities. A local prioriti- Established in 1996, New York’s Farmland zation strategy can add legitimacy to PDR efforts, Protection Program provides grants to eligible counties ensure that limited public funds are spent strategi- and towns (with approved farmland protection plans) cally and address landowner or resident questions to permanently protect land for agriculture. The grants about the rationale for project selections. can provide up to 75 percent of the funds needed to The specificity of a ranking system will differ by purchase the development rights on farmland. community. Some communities use their compre- Each year the New York State Department of hensive plans to help focus PDR programs. Other Agriculture and Markets issues a request for propos- towns create a priority ranking system and farmland als. Proposals are then ranked and scored. Priority is

American Farmland Trust’s Guide to Local Planning for Agriculture in New York 50 given to projects that preserve viable agricultural introduced in the state Senate and Assembly in 2004 land in areas facing high development or conversion and 2005 to extend this authority to towns across the pressure. Priority also is given to land that buffers a state (as of 2005, the act has not yet been passed). significant public natural resource. Some of the spe- cific evaluation criteria include: • Number of acres preserved Who will administer projects? • Soil quality Who will hold and monitor • Percentage of total farm acreage available for conservation easements? crop production PDR projects are complex and time-consuming. • Proximity to other conserved farms They require expertise in real estate transactions and an understanding of the nuances of conservation • Level of farm management demonstrated easements. Towns must determine who will be by current landowner involved in grant-writing, project administration, • Likelihood of the property’s succession as a legal reviews as well as on-going monitoring and farm if ownership changes stewardship activities. Town governments often collaborate with Federal Farm and Ranch Land Protection private land trusts that can act as partners in PDR Program (FRPP) program implementation. A land trust is a nonprof- The 1996 Farm Bill established FRPP to provide it organization that—as all or part of its mission— funding to purchase development rights on produc- actively works to conserve land by undertaking or tive farm and ranchland. FRPP provides up to 50 assisting direct land transactions. Most land trusts percent of a farm’s development rights value. are primarily involved in the purchase or acceptance However, the matching 50 percent of project funds of donations of land or conservation easements. must be acquired prior to submittal of an application Working with local governments, land trusts to FRPP. Some New York farm projects have been can assist in negotiating conservation easements able to secure local or state funding before applying and completing other aspects of funded projects. In to FRPP for matching funds. addition, land trusts can hold conservation The 2002 Farm Bill significantly increased FRPP easements and undertake ongoing monitoring and funding so that approximately $100 million can be stewardship responsibilities. allocated per year from 2002 to 2007.

Town Funding Sources What are agricultural In general, local funds provide the opportunity to conservation easements? protect significant blocks of farmland at a scale In general, a conservation easement is a legal that can’t be achieved solely through state or feder- agreement between a landowner and a land trust or al grants. However, local taxpayers must pay for government agency. Conservation easements are typ- bonds and property taxes. Some landowners will ically used to permanently limit uses of the land in oppose local PDR programs because they do not order to protect conservation values. Agricultural want to support an expense that is paid for through conservation easements are one type of conservation property taxes. easement. They typically limit subdivision, non-farm Town real estate transfer taxes can be an attrac- development and other uses that are inconsistent tive source of funding for local PDR programs, since with agriculture. However, agricultural conservation the funds are generated by the sale of real estate, not easements often permit commercial development property taxes. However, towns in New York must related to a farm operation, such as the construction be authorized by the state to enact local real estate of farm buildings. While some agricultural conserva- transfer taxes, an authority that, so far, has only been tion easements require soil and water conservation provided to six towns on the eastern end of Long plans, most do not restrict farm management prac- Island and to the town of Warwick in Orange tices, allowing farmers to adapt and change practices County. The “Community Preservation Act” was

51 American Farmland Trust’s Guide to Local Planning for Agriculture in New York as needed. charged with soliciting applications from landown- Landowners retain title to their property and can ers, educating landowners, monitoring enrolled still farm, rent their land or use the property as col- properties (or making provisions for monitoring), lateral for acquiring a loan. Farmers are usually reviewing permission requests from enrolled proper- allowed to limit public access to their property, ties and overseeing other aspects of the program. In unless they agree otherwise. Some of the important 2001, the town also established an “agricultural and issues to consider when drafting agricultural conser- open space preservation fund” with specific guide- vation easements: lines for its use, an application ranking procedure • Easement purpose. The primary purpose usually and a process for submitting applications to the state involves supporting the continued agricultural use Department of Agriculture and Markets for cost- of the property and protecting productive agricul- share assistance on PDR projects. tural soils. • Construction of agricultural buildings. Farms CASE STUDY typically need flexibility in the construction of Town of Riverhead, New York new farm buildings so that existing farms can 2000 Population: 27,680 adapt and new farmers have opportunities to get 2000 Median Household Income: $46,195 into the business. 2000 Median Single-Family Home Value: $166,000 • Residential construction. Consideration should be given to allowing for the construction of farm New York State Town Law Section 64-E permits worker housing. In addition, landowners may be five towns in Long Island’s Peconic Bay region to interested in options for limited residential con- develop “community preservation funds” that pro- struction for family members, etc. tect farmland, natural areas and other open space. • Non-agricultural uses such as forest management, The five towns, including Riverhead, are given the rural enterprises and recreation. Non-farm authority to enact up to a two percent real estate income opportunities can help keep farm families transfer tax with proceeds going to the dedicated profitable and on the land. However, the impacts community preservation fund. The transfer tax can of non-farm activities on the farm operation must only be enacted after a majority vote also be considered. by the town board and a local referendum. A portion of each residential sale price is deducted prior to the application of the transfer tax to minimize the bur- CASE STUDY den on affordable housing. Town of Warwick The town of Riverhead has used the authority 2000 Population: 30,764 granted by the state to establish its own Community 2000 Median Household Income: $61,094 Preservation Fund Law. The law defines the pur- 2000 Median Single-Family Home Value: $155,700 pose of the town fund, its administration and defines procedures for the application of the two percent real The town of Warwick’s 1999 Comprehensive Plan estate transfer tax. The law further describes how strongly recommended the establishment of a local the fund will be used for land conservation and stew- purchase of development rights program. In 2000, a ardship purposes. majority of town voters approved a ballot initiative From April 1999 through May 2002, the commu- authorizing the expenditure of $9.5 million for the nity preservation fund in the Peconic Bay Region acquisition of open space and development rights. towns generated $99.28 million for land preserva- In 2001, Warwick formally reconstituted its agri- tion. The funding has been critical to conservation cultural advisory board to oversee the implementa- efforts in an area experiencing extremely high devel- tion of the town’s PDR program. The board is opment pressure.

American Farmland Trust’s Guide to Local Planning for Agriculture in New York 52 LDR programs can benefit all of the farmers in a Lease of Development given town.

Rights (LDR) Benefits of LDR For more information on lease of development • Helps stabilize broad areas of a community; rights, see the following documents on the CD • Term agreements may be attractive to landown- that accompanies this guide: ers unwilling to make permanent commitments; • Town of Perinton Conservation Easement Law • Provides “breathing room” for communities • Town of Perinton Conservation Easement for experiencing rapid land use change; Farming Purposes • Reduces property tax burden for farm • Town of Clifton Park Conservation landowners who may not qualify for Easement Law agricultural assessment or other state • Town of Southampton Agricultural Overlay property tax reduction programs. District and Agricultural Planned Development District Drawbacks of LDR • Town of Warwick Agricultural Overlay District • Does not permanently protect land; • Can create the perception that a town is subsidiz- Lease of development rights (LDR) programs, ing land speculation and landowners will receive also known as term conservation easement pro- a “windfall” at the end of the term; grams, provide incentives to landowners who volun- • Requires property tax shift or other incentives tarily commit to keeping their land undeveloped for that can be expensive; a certain number of years. LDR programs are simi- lar in concept to purchase of development rights pro- • Requires on-going monitoring and enforcement. grams, but the incentives they offer are more modest because the commitment is not permanent. LDR Options In New York, the most common form of LDR has Some localities have experimented with addition- been town programs that reduce property tax assess- al benefits or standards to make LDR programs ments for landowners willing to sign five to 25 year more attractive to landowners and/or improve their deed restrictions on property meeting minimum effectiveness. For instance, California’s Williamson acreage requirements. LDR programs help farmers Act program has a “rolling” rather than a fixed term, afford the maintenance of farmland and open space. meaning that the length of the term continues to roll They do not permanently protect land for farming, forward until a participating landowner decides to but they can help stabilize broad areas of a commu- withdraw from the program. At which point the nity, giving towns and landowners more time to term of the agreement begins to decrease until it develop other farmland protection strategies. expires. For example, if a landowner signs a 10-year LDR programs often draw interest from rolling term agreement in 2000, the 10-year term landowners with small farm acreages or from continues to roll forward each year. If landowner part-time farmers. Larger, commercial farmers indicates that he/she wishes to withdraw from the often are already benefiting from existing state program in 2005, then the landowner’s term com- and local tax reduction programs, such as the mitment would end in 2015 (i.e. the year of with- agricultural assessment program and Farmers’ drawal notice plus the 10-year term). School Tax Credit. While further property tax Other programs have required that town govern- reduction may be of interest to commercial ments receive a “right of first refusal” authority on farmers, the restrictions often seem to outweigh the properties enrolled in LDR programs. This gives a additional benefits for them. However, town town the right to match purchase offers on partici- LDR programs often help to retain rented pating properties. Such provisions usually exclude farmland and open spaces that serve as buffers sales of property within a family. The “right of first between farms and nearby residences. In this way, refusal” authority may not prevent the sale of a prop-

53 American Farmland Trust’s Guide to Local Planning for Agriculture in New York erty, but it can provide leverage to a town if key CASE STUDY properties come up for sale during the term of their Town of Perinton, New York agreement. 2000 Population: 46,090 Several New York towns, such as Southampton 2000 Median Household Income: $69,341 and Warwick, have instituted LDR programs with 2000 Median Single-Family Home Value: $143,500 additional incentives: the expedition of limited devel- opment proposals on properties enrolled in term The town of Perinton established a “Conservation commitment programs; the retention of current zon- Easement Law” in 1976. The law does not set a min- ing standards for enrolled properties; and grant-writ- imum acreage for LDR enrollment but stipulates ing assistance to help farmers acquire agricultural that a “parcel must be suitable for further develop- economic development funds. By offering incentives ment so that the limitation on development during that may interest commercial farmers in LDR, towns the easement time period provides a benefit to the can provide term protection to additional farmland town.” In exchange for commitments of five to 25 years, the town reduces property tax assessments on Additional Considerations enrolled properties by 25 to 90 percent. LDR programs often involve simpler deed restric- In 2004, the town had roughly 3,525 acres (16 per- tions than PDR programs, in part because towns cent of total town acreage) enrolled in its LDR pro- want to reduce program complexity and transaction gram. Enrollment has steadily declined since the costs. This can be justified because the agreements peak year of 1977, when the town enrolled 6,844 are not permanent, and simple programs are more acres, but the program continues to help stabilize a attractive to landowners and easier to administer. broad section of the town. The following table fur- However, towns must have a clear understanding of ther details the 2004 enrollment in the program: the permitted uses of properties enrolled in LDR % of agreements (and understand what constitutes a vio- 2004 Easement % of Easement Town lation). For instance, can participating landowners Breakdown Easements Total Acres Acres build barns and other agricultural structures? Can Total Easements 114 3,526 16% they subdivide their property? Can they store vehi- cles or other items on land subject to the agreements? 5 Year Easements 21 18% 616 3% By having clear policies on such issues, towns can 6-9 Year Easements 10 9% 216 1% help prevent future misunderstandings and make the program easier to administer. 10 Year or Greater Towns also need to develop termination provi- Easements 83 73% 2,694 12% sions and penalties significant enough to discourage violations and dispel the perception that they are Conservation 51 45% 1,278 6% subsidizing land speculation. By having relatively Easements minor penalties for the conversion of enrolled land, Farming Easements 63 55% 2,248 10% towns may encourage more people to participate in LDR programs but do little to discourage the loss of farmland to new development. Town LDR pro- CASE STUDY grams without penalty provisions may fail to achieve their stated goals or be subject to criticism by tax- Town of Clifton Park, New York payers. Funds generated by TDR penalties can be 2000 Population: 32,995 dedicated to future town efforts that permanently 2000 Median Household Income: $68,999 protect farmland and other open space. 2000 Median Single-Family Home Value: $143,300

In 1996, the town of Clifton Park adopted a “Conservation Easement Law” with the intent of providing for “the acquisition of interests or rights in real property for the preservation of historic build- ings and landmarks and open space….” Owners of

American Farmland Trust’s Guide to Local Planning for Agriculture in New York 54 historic buildings or landowners with a minimum of No development other than uses related to agri- 15 acres per lot (or 7.5 acres each for any two adjoin- cultural production are permitted on the property ing lots) can apply to the town’s program. during the 10-year term (unless the landowners In exchange for 15 to 25 year commitments to applies for and receives permission to terminate the not develop the land, the town reduces the property agreement). tax assessments of participating landowners by 80 to At least 150 days prior to the termination date, the 90 percent. town of Southampton will exercise a right of first As of 2004, 64 parcels and 2,341 acres were refusal option to purchase the development rights or enrolled in Clifton Park’s term easement program. fee title to the property. If the landowner and town The properties included farm parcels, historic are not able to agree on terms within 30 days of the sites and other open land. This level of enrollment offer, the landowner may develop the property in reduced the town’s property tax rolls by accordance with the agricultural PDD requirements. approximately $5.5 million, an estimated 0.0028 A three-year window is provided for submittal of a percent reduction. development application consistent with the agricul- tural PDD conditions. The landowner may submit a letter of interest CASE STUDY during the 10-year period and request an appraisal Town of Southampton, New York to determine the PDR value on the property. The 2000 Population: 54,712 town will make an offer in 120 days and the 2000 Median Household Income: $53,887 landowner can accept or refuse the offer without 2000 Median Single-Family Home Value: $245,400 violation of the agricultural PDD. During this 10-year period, the landowner The town of Southampton, located on the east end receives a commitment that the permitted density of of Suffolk County, developed an “agricultural over- development will remain fixed. lay district” and “agricultural planned development The town will assist landowners of enrolled district” (PDD) to encourage the business of farming parcels in obtaining federal, state, county or local and protect productive farmland for agricultural monies for agricultural production, marketing and purposes. economic development. The agricultural overlay district helps define eligi- This type of program may be of particular interest bility for the program and targets the protection of to landowners in communities that are considering the town’s Bridgehampton and Haven Soil associa- changes in the permitted density of development, tions, some of the most productive soils in New because LDR enrollment will fix density ratios for York. Parcels of at least 10 acres located in the over- the term of the agreement. In addition, the program lay district are eligible for the program. Parcels allows towns to stabilize broader areas while acquir- enrolled in a 10-year agricultural easement are sub- ing local funds to purchase development rights or ject to the following standards: developing other permanent solutions.

55 American Farmland Trust’s Guide to Local Planning for Agriculture in New York so must have demand from both sending and Transfer of receiving areas; Development Rights • Can be difficult to identify receiving areas inter- ested in and capable of handling more intense For more information about transfer of develop- development; ment rights, see the following documents on the • Require staff and resources to manage effectively; CD that accompanies this guide: • Raise property tax concerns if sending and receiv- • New York State Town Law Section 261 ing areas are in different taxing jurisdictions; • American Farmland Trust’s Transfer of • Complex approach takes time to explain to public Development Rights Fact Sheet and landowners. • Proposed Town of Riverhead TDR Law • Resources for the Future, How Well Can New York State Town Law 261-A states that the Markets For Development Rights Work? purpose of TDR programs is “to protect the • Proposed Town of Southold TDR Law natural, scenic or agricultural qualities of open lands, to enhance sites and areas of special character or spe- A transfer of development rights (TDR) program cial historical, cultural, aesthetic or economic interest is another planning tool that can be used to generate or value and to enable and encourage funds for farmland protection. Unlike PDR or LDR flexibility of design and careful management of programs that depend largely on public funds, TDR land in recognition of land as a basic and valuable programs establish parameters under which the pri- natural resource.” vate sector pays for land conservation. The law requires towns to identify specific send- TDR programs require the designation of “send- ing and receiving “districts” in accordance with a ing” and “receiving” areas in order to transfer devel- comprehensive plan. The town board must prepare opment from one part of a community to another. a generic environmental impact statement prior to Sending areas are the parts of a community that will the designation of these areas. be the focus of land conservation efforts. Receiving Land in sending districts must be permanently areas are the focus of more concentrated develop- protected by conservation easements that meet the ment. A TDR program defines the location of these standards described in New York’s Environmental areas and creates standards that will govern this Conservation Law Article 49 Title 3. Towns must density transfer. develop certificates of development rights for indi- When applied to farmland protection, TDR viduals or entities making transfers; the certificates programs transfer development away from are then recorded with the county clerk. agricultural areas to other parts of the community. State law also permits towns to develop develop- TDR programs work best in places with large ment rights “banks” that retain or sell development blocks of productive farmland, since it can be diffi- rights. Development rights banks can play an impor- cult to establish meaningful sending areas in frag- tant role, particularly in beginning programs. It may mented farm landscapes. be difficult for landowners interested in selling devel- opment rights to find corporations or individuals Benefits of TDR Programs who want to buy development rights. A town devel- • Provide alternate source of funding to opment rights bank can act as a “middleman,” protect farmland; acquiring the development rights from interested landowners and then selling them to developers. • Complement PDR programs and other TDR programs have been effective farmland pro- conservation options that rely on public funds; tection tools in other parts of the country. To date, • Are voluntary. they have had limited success in New York outside of a multi-town program that has been used to pro- Drawbacks of TDR Programs tect land in the Long Island Pine Barrens. TDR pro- • Depend on real estate market for land protection, grams have been a challenge to implement in New

American Farmland Trust’s Guide to Local Planning for Agriculture in New York 56 York because of the state’s town level planning trict. For example, the “hamlet residential zoning use structure; challenges in developing viable markets district” permits a lot yield as determined by the for the purchase and sale of credits; and the com- planning board with a maximum density of one lot plexity of establishing and running effective TDR per 40,000 square feet of land area. The “business programs. center zoning use district” permits a density yield of TDR programs also require towns to be firm in 1,500 square feet of floor area per preservation cred- their approach to variance requests. Developers it up to a maximum of 0.3 floor area ratio. must believe that they have to pay in order to build The planning board is given the complete at higher densities, a belief that can be difficult to authority to administer the TDR Program. They cultivate if towns frequently offer area variances. operate with the assistance of the town planning For TDR programs to be effective, members of town department staff. leadership—including the supervisor, town board, planning board and zoning board of appeals—must CASE STUDY understand and agree with the intent and require- Town of Warwick, New York ments of a TDR program. 2000 Population: 30,764 TDR still has potential in New York, however. 2000 Median Household Income: $61,094 Rapidly escalating real estate prices are forcing 2000 Median Single-Family Home Value: $155,700 communities to look at all available options for rais- ing funds for land conservation, including opportu- According to the town of Warwick’s zoning code: nities to leverage private money. Towns also are becoming increasingly sophisticated about local “The transfer of development rights (TDR) makes planning, which makes the prospects brighter for it possible to limit development in one area (called TDR in New York. the “sending district”) where there is an important resource, such as active farmland or significant open CASE STUDY space, and transfer those development rights to Town of Riverhead, New York another area (called the “receiving district”) where 2000 Population: 27,680 there are little or no impediments to higher density, 2000 Median Household Income: $46,195 such as areas adjacent to the Town’s three village 2000 Median Single-Family Home Value: $166,000 centers, where public water and sewer are available or planned, or in the Town’s five hamlets, where The town of Riverhead’s recently revised TDR central services are available or have the potential to law states that its purpose is “to implement the land become available.” use policies set forth in the town of Riverhead Comprehensive Plan with specific references The town’s zoning code establishes a process by to the preservation of agricultural lands, the which development rights can be transferred from support of the existing agricultural industry and the parcels enrolled in the town’s Agricultural Overlay necessary and appropriate economic development of District to specific zoning districts identified by the the community.” town’s comprehensive plan as future settlement The law establishes the town’s “agricultural pro- areas. The code also permits the sending of devel- tection zoning use district” as the sending area. A opment rights to parcels in villages within the town. combination of residential and commercial zoning Such intergovernmental transfers require approval districts act as the receiving areas. The ordinance by both the town and village government. describes the process through which a landowner can apply to sell development credits The code also stipulates a formula for determining to the town (for properties in the sending area). It the development rights available for transfer. Parcels further explains how the “preservation credits” are enrolled in the town’s Agricultural Overlay District to be allocated and establishes the process for their can use the higher density allowed by the town’s redemption in receiving areas. 1989 zoning code (as compared to the lower density The credit allocation differs for each zoning dis- permitted by the code updated in 2001).

57 American Farmland Trust’s Guide to Local Planning for Agriculture in New York Drawbacks of Infrastructure Planning Infrastructure Planning • Fails to prevent development that does not require public infrastructure For more information about infrastructure planning, see the following documents on the CD • Planning may be compromised by that accompanies this guide: infrastructure extensions for “health and safety” • Requires on-going political commitment • Excerpt from Genesee County’s Smart Growth to be effective Plan (P.1-6) • Infrastructure needed by farms likely to be • 2005 Genesee County Smart Growth Plan expensive and require on-going commitment Update to maintenance • 2005 Genesee County Smart Growth Hook Ups Map Agricultural Infrastructure Needs The modern agricultural industry relies on the Infrastructure planning can be used to support the dependable movement of farm products to markets. farm economy and steer new development away Farm goods are often perishable, so their quality from farmland into existing hamlets and villages. may diminish or they may become unusable if Like other industries, farms and agribusinesses delivery is delayed for hours or days. In particular, require access to well-functioning and affordable dairy farms require daily access to milk trucks, infrastructure. Farms are energy intensive business- year-round. Delays in snow plowing can prevent es. Access to affordable electricity and other fuels milk trucks from accessing farms, forcing farmers to reduces farm operating costs, thereby improving dispose of their milk. Such a loss can hurt a farm’s farm profitability. bottom-line and ability to remain profitable. Farms The agricultural industry also depends on sound also rely on the efficient delivery of products from roads and bridges to move machinery and to send service providers. and receive shipments of products. Many farm ship- The following are suggested actions for towns ments are sent by tractor-trailer, requiring trans- interested in supporting the infrastructure needs of portation infrastructure that can handle heavy loads. local farms: Public drainage systems, such as road ditches, also • Make sure that roads and bridges can handle the provide important benefits to farms. Well-managed size and weight of modern farm vehicles, includ- drainage systems help move water from fields, ing dump trucks, tractor trailers and other large improving their productivity. cultivating, spraying and harvesting equipment. At the same time, towns can help steer non-farm • Post signs on town roads frequently used by farm development into hamlets, villages and cities by vehicles and distribute informational material planning the scale and location of new or expanding about the presence of farm vehicles on town infrastructure. Transportation, water or sewer infra- roads. By taking a pro-active approach to reduc- structure allows for denser development patterns ing conflicts between farm vehicles and other and often reduces the cost of new development. motorists, towns can prevent accidents and save Some infrastructure expansion into farming areas lives. For more information and educational may encourage the conversion of farmland and send materials about slow moving vehicles, contact the the signal that agriculture has a limited future in a New York Center for Agricultural Medicine and given area. Health at 800-343-7527, ext. 239 or www.nycamh.com. Benefits of Infrastructure Planning • Can support farm business viability and • Make snow-plowing near dairy farms a local reduce farm costs priority, since delayed plowing for farmers can • Non-regulatory approach for steering lead to the loss of perishable products and development away from farmland important income. • Fiscally responsible approach to community • Work with local farmers, economic development development organizations and others to understand and

American Farmland Trust’s Guide to Local Planning for Agriculture in New York 58 address the electricity needs of local farms (espe- ment. In addition, the new methane digesters help cially three-phase electric). Also engage farmers in reduce manure odors and decrease the likelihood of evaluating alternative energy production systems conflict between the farms and non-farm neighbors. including wind power and methane digesters. • Actively maintain town ditching systems so that Steering Non-Farm Infrastructure Away from farm fields have adequate drainage. Work with Priority Farming Areas town planning boards to ensure that field tiling Growth-inducing infrastructure, such as major and ditching systems aren’t damaged by new roadways and water or sewer lines, can accelerate developments, which could reduce the the conversion of farmland if not carefully sited and productivity of nearby farmland. managed. By focusing infrastructure in hamlets, vil- lages and cities, towns can help retain farmland. This is also a fiscally responsible approach for towns CASE STUDY in managing limited local, state and federal budgets. Town of Perry, New York The extension of infrastructure throughout a town 2000 Population: 6,654 or county requires significant up-front construction 2000 Median Household Income: $39,455 costs and demands costly on-going maintenance. By 2000 Median Single-Family Home Value: $64,400 focusing such infrastructure away from priority farming areas, towns can help maintain lower taxes The town of Perry has one of the highest concen- and reduce threats to farmland. trations of dairy cows in New York. Dairy farms are If non-farm infrastructure needs to be extended a major force in the town’s economy, and they help through farming areas, steps should be taken to mit- define the landscape and quality of life. At the same igate the potential negative impacts on nearby farm- time, the farms produce large amounts of manure, land and farm operations. Such steps may include: and the odor has lead to conflicts between farmers • Establishing lateral restriction policies on new and residents of the village of Perry. water or sewer extensions; The town of Perry decided to assist local dairy • Developing mitigation fees designed to protect farms in developing on-farm infrastructure that farmland near new non-farm infrastructure; could process dairy manure and generate electricity for farms to use and sell back to electric companies. • Constructing traffic calming measures on rural The town worked with Wyoming County Cornell roadways to reduce accidents between farm Cooperative Extension to conduct a feasibility study machinery and vehicles; that evaluated whether to develop a large digester • Creating overpasses, tunnels or other access for four large dairy farms; build two digesters with systems for farm vehicles to ensure continued each digester shared by two farms; or build a farm access to fields bisected by major roadways. digester on each of the four dairy farms. The town then hired a grant writer to develop and submit grant applications on behalf of the town to CASE STUDY the New York State Energy Research and Town of Marilla, New York Development Authority (NYSERDA) and the 2000 Population: 5,709 United States Department of Agriculture. The town 2000 Median Household Income: $51,868 was awarded $833,000 from NYSERDA and 2000 Median Single-Family Home Value: $122,500 $380,000 from USDA to construct three digesters to be cooperatively managed on four dairy farms. In 1996, the town of Marilla adopted new water- In total, the town spent approximately $20,000 for line restrictions in its zoning ordinance. The new pol- grant writing and project management services as icy restricts the construction and connection of water well as the town supervisor’s time in overseeing the main laterals and service connections to less than project. This investment will likely be paid back four inches in the town’s agricultural zoning district. many times over. The local dairy farms benefit from This new policy greatly limits the construction of the new on-farm infrastructure that helps to reduce major new subdivisions in the agricultural part of electricity costs and assists with manure manage- town, steering larger developments away from farms.

59 American Farmland Trust’s Guide to Local Planning for Agriculture in New York CASE STUDY village area; Town of Easton, New York • Protect farmland and the rural character of the 2000 Population: 2,259 countryside and maintain the viability of 2000 Median Household Income: $43,194 agriculture. 2000 Median Single-Family Home Value: $99,000 The county set up a process to work with town governments in identifying “development areas” The town of Easton’s Subdivision Law institutes within the county. The county committed to provid- several infrastructure standards intended to ensure ing public water within these areas from the county- compatibility between new development and the funded portions of the county’s water system. Access town’s farm operations and infrastructure capacity. to the county-funded portion of the county water sys- The requirements include: tem is controlled to properties outside of the devel- • Subdivision approvals state that the town has no opment areas to ensure compatibility with the coun- responsibility to build or maintain a new water ty’s smart growth objectives. supply or maintain sewage facilities for a new Development areas were identified based upon subdivision; the following criteria: • Utility lines should not be brought across • Access to transportation; farmland to new subdivisions. If necessary, utility • Feasibility of extending or enhancing public water lines should be buried to below plow depth; service; • Subdivisions of more than 12 lots should be • Availability or potential for extending other phased to safeguard the quantity and quality of public infrastructure to support development; ground water. Six lots are the maximum number • Minimal conflict with land in county agricultural of lots approved at any one time. districts and state regulated wetlands. Once general development areas were delineated, CASE STUDY county staff met with representatives of each munic- Genesee County, New York ipality and the public to review the plan and the 2000 Population: 60,370 development areas. Input from these meetings was 2000 Median Household Income: $40,542 integrated into the final smart growth plan 2000 Median Single-Family Home Value: $83,200 adopted by the county legislature. The Smart Growth Plan further describes a system for review- In 2001, the Genesee County Legislature adopted ing requests for hook-ups outside of the a “Smart Growth Plan” to minimize the impacts of development areas and for bi-annually reviewing the additional growth and development that would oth- location of development areas. erwise occur as a result of the extension of water Genesee County’s Smart Growth Plan represents service. In particular, the county sought to: one of the best examples of a New York community pro-actively planning for new development while • Focus county resources on supporting economic placing a high priority on farmland protection. The development opportunities in the most promising close integration of the county’s infrastructure plan locations; with its agricultural districts program and other • Encourage the revitalization of existing industrial county priorities helps reduce the likelihood that new areas, business districts, and residential neighbor- infrastructure will accelerate non-farm development hoods in the city of Batavia and developed and create future conflicts for farm operations.

American Farmland Trust’s Guide to Local Planning for Agriculture in New York 60 implement, can be adopted fairly quickly and can Pulling It All Together address community interests throughout an entire Communities interested in supporting local farms town. However, regulations also may place a signifi- will need to evaluate all of the available tools and cant burden on private landowners and their per- then select the ones that fit best. The benefits of any sonal rights. Many communities find that a mix of given option must be weighed against the draw- regulatory and incentive-based programs is most backs. This can, and likely will be, a challenging effective in balancing community and private inter- process. The following guidelines are for communi- ests and achieving long-term success. ties engaged in evaluating the tools for supporting the business and land use needs of farms. An ongoing commitment is required to be successful. No single tool will solve all of the challenges that Local planning requires an ongoing commitment New York farmers face. of resources. Land use trends, markets for farm Farms must deal with a complex array of chal- products and other community circumstances lenges, including low prices for farm products, will continue to change over time. This rising business costs, labor concerns, competition for ongoing change will require communities to land and others. No single tool will be able to regularly update plans, consider new programs address all of the needs of local farmers. Towns and have a dialogue between farmers and should develop a package of policies and programs local governments. This long-term commitment of that complement each other and address different time, energy and resources can be difficult agricultural concerns. but will be necessary in order for communities to find success. The appropriate mix of tools differs by community. The state’s agricultural industry, communities Local planning should be supported by state and and landscapes are tremendously diverse. This federal policies. diversity is one of the state’s strengths, but it may Even the most committed town government will make it difficult to replicate the policies used in one not be successful in supporting its farms without town in another community. Towns must evaluate complementary state and federal policies. their own priorities and circumstances to select the State and federal policies regarding agriculture, tools and policies that best fit their needs. land use, transportation, trade, immigration and other policies can significantly influence Communities are often most effective when farm viability and local land use trends. “sticks” are balanced with “carrots.” Communities should make their local priorities and Regulatory policies, or “sticks,” have distinct policies known to state and federal officials and seek advantages. They are comparatively inexpensive to their assistance in supporting them.

61 American Farmland Trust’s Guide to Local Planning for Agriculture in New York Resources

American Farmland Trust New York State Agricultural Mediation Program www.farmland.org www.nysdra.org/adr/adr_nysamp.html (518) 581-0078 (866) 6NYSAMP or (866) 669-7267

American Planning Association New York State Association of Counties Metro Chapter www.nysac.org www.nyplanning.org (518) 465-1473 (212) 228-7875 New York State Association of Towns Chapter www.nytowns.org www.nyupstateplanning.org/ (518) 465-7933

Cornell Cooperative Extension New York State Department of Agriculture and www.cce.cornell.edu Markets (607) 255-2237 www.agmkt.state.ny.us (800) 554-4501 Cornell Community and Rural Development Institute New York State Department of State Division of www.cardi.cornell.edu Local Government Services (607) 255-9510 www.dos.state.ny.us/lgss/index.htm (518) 473-3355 County Planning Agencies www.dos.state.ny.us/lists/rgcoplan.html#county New York State Department of Taxation and Finance Farmland Information Center Taxpayer Assistance Bureau www.farmlandinfo.org www.tax.state.ny.us (800) 370-4879 (800) 225-5829

Land Trust Alliance of New York New York State Office of Real Property Services www.lta.org www.orps.state.ny.us (518) 587-0774 (518) 486-5446

New York Farm Bureau New York State Soil and www.nyfb.org Water Conservation Committee (518) 436-8495 www.nys-soilandwater.org (518) 457-3738 NY FarmLink www.nyfarmlink.org Regional Planning Agencies 1-800-547-3276 www.dos.state.ny.us/lists/rgcoplan.html

NY FarmNet USDA Natural Resources Conservation Service www.nyfarmnet.org www.ny.nrcs.usda.gov (800) 547-3276 (315) 477-6504

New York Planning Federation www.nypf.org 518-270-9855

American Farmland Trust’s Guide to Local Planning for Agriculture in New York 62 Northeast Office 6 Franklin Square, Suite E Saratoga Springs. NY 12866 (518) 581-0078 www.farmland.org