CT Department of Agriculture

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1 CT Department of Agriculture FARMING PROTECTED LAND Workshop DoAg Agriculture Viability Grant, American Farmland Trust, CT Farmland Trust & CT Land Conservation Council Senexet Grange, Woodstock, CT October 10, 2013

2 CT Department of Agriculture Farmland Preservation Program

3 PDR approved to date: 296 farms, 38,546 acres Sherman Farm: 138-acre dairy support farm, Thompson.

4 Joint State-Town PDR 11 towns (six counties), three land trusts 33 farms comprised of 3,132 acres Knowlton Farm: 422-acre historic dairy farm in Ashford. Joint state-town project, Joshua s Trust assist.

6 Program allows for federal, state, town and land trust contributions. Bushy Hill Orchard: 70-acre orchard and produce farm in Granby. A joint state/town/usda project, Granby Land Trust assist.

of other active farmland within two-mile radius +agricultural support services available in farm s proximity -intensive

7 Application Criteria +probability of non-agricultural development and flood mitigation +total acres of farm +cropland acreage +acres of prime & statewide important farmland soils +method of marketing commodities produced on the farm +amount of other active farmland within two-mile radius +agricultural support services available in farm s proximity -intensive development near the farm -excessive cost of development rights C.G.S. Chapter 422a CT DoAg Regulations Section 22-26gg-1 et seq.

Farmland Preservation Program PROCESS Application Farm Configuration negotiated Appraisal Offer made Agreement signed SPRB review/approval

8 Farmland Preservation Program PROCESS Application Farm Configuration negotiated Appraisal Offer made Agreement signed SPRB review/approval Funding approved A-2 boundary survey Title search DEVELOPMENT RIGHTS PURCHASED Wisneske Farm, Norwich (joint project with CT Farmland Trust)

9 Valuation of Development Rights MARKET VALUE (before value) - (less the) AGRICULTURAL VALUE (after value) = DEVELOPMENT RIGHTS value Appraisals conducted by qualified independent appraisers

10 Several blocks of 1000 acres affords continuity of compatible use for farming community. Kurcinik Farm: 180 acres in dairy support and pasture. Part of 1,200-acre agricultural cluster in Lebanon.

11 Several clusters of over 1,000 acres affords continuity of farming community. 11

12 Farmland Soils: Orange Prime / Yellow Important

13 Woodstock Dugg Hill Area

14 Farmland Preservation Program RESTRICTIONS

15 Purchase of Development Rights (PDR) preservation in perpetuity for agricultural purposes only management in accordance with a conservation plan no subdivision or non-agri development specific restrictions per recorded deed Hutton Barrett Farm: 60 acres in Somers. A fruit, vegetable and beef farm (strawberry field pictured here).

16 First Page of deed conveying development rights Note language: assigns forever statute reference primary purpose is to protect agri soils, agri viability & general productive capacity 16

17 Second Page of deed conveying development rights Grantor acknowledges that it is the purpose and intent of Chapter 422a of the Connecticut General Statutes that agricultural land be maintained and preserved for farming and food production purposes and that such maintenance and preservation is necessary in order to insure the wellbeing of the people of the State of Connecticut now and in the future. Grantor acknowledges that the parties intend by this conveyance to prohibit the division or subdivision of the Premises for any purpose, and to prohibit development of the Premises for residential, commercial, including, but not limited to, commercial recreational, commercial amusement and/or industrial purposes. 17

18 Restrictions in deed conveying development rights Note language: general use restrictions A. Grantor covenants for himself, his/herself, her/itself, its/themselves, their legal representatives, heirs, successors and assigns, that the Premises will, at all times, be held and conveyed in its entirety and subject to the following restrictions and such further restrictions as set forth in Paragraph B below: (1) No building, residential dwelling, structure, parking lot, driveway, road or other temporary or permanent structure or improvement requiring construction shall be placed upon the Premises except as provided for in Paragraph B below. (2) The fee simple owner of the Premises shall not divide, subdivide, develop, construct on, sell, lease or otherwise improve the Premises for uses that result in rendering the Premises no longer agricultural land. (3) No use shall be made of the Premises, and no activity shall be permitted or conducted thereon which is or may be inconsistent with the perpetual protection and preservation of the Premises as agricultural land, and no activity shall be carried on which is detrimental to the actual or potential agricultural use of the Premises, or detrimental to soil conservation, or to good agricultural management practices. (4) Said development rights are considered and deemed dedicated to the State of Connecticut, [and LOCAL LAND TRUST/MUNICIPALITY] in perpetuity in accordance with Chapter 422a of the Connecticut General Statutes. one farm, indivisible (5) The Premises to which development rights are hereby conveyed shall together constitute one entire and undivided parcel of land for purposes of the Connecticut General Statutes Chapter 422a, notwithstanding that said Premises may be described as one or more parcels of land on Schedule A hereof. The Premises shall be conveyed or transferred as a unit, whether or not said Premises are described herein, or have been described in any prior deed, as more than one piece or parcel of land. No subdivision or division of the Premises, or any portion thereof, shall be permitted. 18

19 Excerpts from restrictions in deed conveying development rights Note language: conservation plan examples of prohibited improvements or activities notice & approval (8) As required by section 1238I of the Food Security Act of 1985, as amended, the Grantor, his heirs, successors, or assigns, shall conduct all agricultural operations on highly erodible land on the Premises in a manner consistent with a conservation plan prepared in consultation with the Natural Resources Conservation Service (NRCS) and approved by the Conservation District. This conservation plan shall be developed using the standards and specifications of the NRCS Field Office Technical Guide and 7 CFR Part 12 that are in effect on the date of this conveyance, which are incorporated by reference herein and made a part hereof. However, the Grantor may develop and implement a conservation plan that proposes a higher level of conservation and is consistent with the NRCS Field Office Technical Guide standards and specifications. NRCS shall have the right to enter upon the Premises, with advance notice to the Grantor, in order to monitor compliance with the conservation plan. (12) Under no circumstances shall any improvement or activity, including but not limited to athletic fields, golf courses or ranges, commercial airstrips or helicopter pads, motocross biking, cell towers or telecommunications facilities, or any other improvement or activity inconsistent with current or future agricultural production be permitted on the Premises. (13) Any and all alteration, replacement, construction and/or building on the Premises (including ponds, lakes, streams and/or rivers) is only allowed after written notification to and written approval from the Commissioner of Agriculture. 19

20 Reserved rights in deed conveying development rights Note language: B. Subject to the provisions of Paragraph A above, the Grantor for himself, his/herself, her/itself, its legal representatives, heirs, successors and assigns, hereby reserves all other customary rights and privileges of ownership including: (1) The right to privacy; (2) The right to carry out regular agricultural practices; (3) The right to conduct the uses defined in Subsection (q) of Section 1-1 of the Connecticut General Statutes; (4) The right to lease the Premises or portions thereof for a term of less than 25 years subject to the terms of this conveyance; 20

21 Farmland Preservation Program APPLICATION TO CONSTRUCT

22 APPLICATION TO CONSTRUCT A FARM BUILDING, RESIDENCE OR OTHER FARM STRUCTURE ON LANDS WHERE DEVELOPMENT RIGHTS WERE ACQUIRED BY THE STATE OF CONNECTICUT Pursuant to Section 22-26gg-8 of the Regulations of Connecticut State Agencies, Agricultural Lands Preservation, adopted in accordance with Chapter 54, any owner of land to which the state holds development rights shall notify the Commissioner of Agriculture of any proposed construction on such land. Approval from the commissioner is required before construction may occur. The right to construct residences or structures on restricted farmland is dependent on the specific language contained in the deed conveying development rights to the State of Connecticut. Each structure requires a separate application. Approval of the Commissioner is not transferable.

23 APPLICATION TO CONSTRUCT A FARM BUILDING, RESIDENCE OR OTHER FARM STRUCTURE ON LANDS WHERE DEVELOPMENT RIGHTS WERE ACQUIRED BY THE STATE OF CONNECTICUT DEFINITIONS OF PERMITTED CONSTRUCTION ACTIVITIES Dependent upon specific deed restrictions, the following categories of farm buildings and structures may be located on farms where the development rights have been acquired by the State of Connecticut under the Farmland Preservation Program. FARM BUILDING FARM RESIDENCE FARM STRUCTURE Barns and greenhouses used to house animals and/or propagate and grow plants. Farm stands used to direct market food products and plants grown or produced on the farm. Facilities used to store farm equipment and/or produce and store farm products. Facilities used to process agricultural products produced on the farm. Dwelling for persons directly related to the farm operation including the owner/full-time operator of the restricted farm, full-time employees of the farm operation and the owner of the restricted farmland. Driveways and improved farm roads used by farm machinery to access interior sections of restricted lands for agricultural production. Farm ponds used for agricultural production. Feed or waste systems and structures used for agricultural production. Applicants are responsible for all local, state or federal permits and approvals that may be required for the proposed structure.

24 APPLICATION TO CONSTRUCT A FARM BUILDING, RESIDENCE OR OTHER FARM STRUCTURE ON LANDS WHERE DEVELOPMENT RIGHTS WERE ACQUIRED BY THE STATE OF CONNECTICUT Provide a drawing or sketch of the proposed structure along with a site plan identifying the proposed structure and related improvements. Include the location and dimensions of all access roads, utilities, parking areas, ponds, wells, septic systems, fences, etc. A copy of the recorded A-2 boundary survey may be used to prepare the site plan and additional pages may be attached as necessary. SITE PLAN IDENTIFYING THE PROPOSED STRUCTURE AND SITE IMPROVEMENTS:

25 Farmland Preservation Program STEWARDSHIP

26 General PDR restriction stewardship brochure

27 General PDR restriction stewardship brochure

DON T mine gravel from the restricted farmlands.

28 PROHIBITED ACTIVITIES OF THESE LANDS: DON T use your land for prohibited, commercial non-agricultural uses. If you have any questions about whether or not a use is permitted, please call us to discuss the matter at DON T divide or subdivide your restricted farmlands. DON T mine gravel from the restricted farmlands. [In some cases, gravel may be permitted for uses on the restricted farmlands with prior notice and approval of the Connecticut Commissioner of Agriculture.] DON T remove soils from the restricted farmlands. DON T decrease the productivity of arable land or convert/degrade prime and statewide important soils on the restricted farmlands. DON T allow lease of a residence on restricted farmlands to persons not incidental to the farm operation. DON T sell the land prior to notifying the Connecticut Commissioner of Agriculture 90 days in advance. DON T clear the land without using best management practices in accordance with an approved farm resource or forestry management plan.

29 DO use the land for agricultural purposes and maintain the agricultural utility of the land. DO contact us should you have any questions about uses of your preserved farmland or specific questions regarding the Program or the deed of conveyance. Our number is DO provide us with a copy of your Soil Conservation Plan. These plans are provided by the County USDA-NRCS offices, free of charge. Please provide copies of any resource or waste management plans, or agricultural leases. DO call us about questions related to your deed covenant. Deeds vary and they may or may not provide for a residence, agricultural structures or other improvements or modifications. DO obtain prior approval of the Commissioner of Agriculture prior to obtaining any local building permit, and prior to any construction or site activity. The prior approval is required under C.G.S d. PLEASE CALL US AT WITH ANY STRUCTURE OR LAND USE QUESTIONS. IT S IN EVERYONE S BEST INTEREST.

30 ACTIVITIES PERMITTED AT RESTRICTED FARMLANDS WITH APPROVALS: Prior approval of the Connecticut Commissioner of Agriculture is needed for the following: Local permits to build, replace or expand structures Digging or expanding a pond or drainage On-site gravel to improve farm roads or farm structure foundations Revised/updated conservation plans Lease of farm and/or structures use, terms, duration Thrall Farm, Ellington (171 acres) Please notify the Commissioner within 90 days prior to sale or transfer of ownership of agricultural lands.

Stewardship Issues in summary maintain agricultural utility of the land manage consistent with Conservation Plan by USDA-NRCS Obtain Commissioner

31 Stewardship Issues in summary maintain agricultural utility of the land manage consistent with Conservation Plan by USDA-NRCS Obtain Commissioner approval for any construction activity (C.G.S d) Notify Commissioner 90 days prior to sale or transfer of ownership Thrall Farm, Ellington (171 acres)

32 Farmland Preservation Program MORSE FARMS (MAYHILL) PDR EXAMPLES

33 Morse Farms in Woodstock PRICE PER ACRE PURCHASE PRICE Closing date 178 MORSE /3/99 Farm Name ACRES 179 MORSE /3/ MORSE /3/99

34 Morse Farm I

Morse Farm I PDR TOTAL FARM 48.34 acres 82.14 acres Building Envelope 1.

35 Morse Farm I PDR TOTAL FARM acres acres Building Envelope 1.0 acre right to build residence cannot be sold separately Excl land (eastern) 33.8 acres

36 Morse Farm I PDR TOTAL FARM acres acres Building Envelope 1.0 acre right to build residence cannot be sold separately Excl land (eastern) 33.8 acres

37 Deed of Conveyance Paragraph 7 comparison: Morse Farm I

38 Morse Farm II

39 Morse Farm II PDR TOTAL FARM acres acres Two parcels acres western portion acres eastern portion Excl land (western) 1.51 acres contains garage & House & driveway of David Morse between the two parcels excluded from PDR

Morse Farm II PDR TOTAL FARM 94.90 acres 93.40 acres Two parcels 80.95 acres western portion 12.45 acres eastern portion Excl land (western) 1.

40 Morse Farm II PDR TOTAL FARM acres acres Two parcels acres western portion acres eastern portion Excl land (western) 1.51 acres contains garage, house & driveway of David Morse between the two parcels excluded from PDR (note how parcel data different from digitized A2 survey)

41 Deed of Conveyance Paragraph 7 comparison: Morse Farm II & III

42 Morse Farm III

43 Morse Farm III PDR TOTAL FARM acres acres No envelopes No exclusions

44 Morse Farm III PDR TOTAL FARM acres acres No envelopes No exclusions

45 Deed of Conveyance Paragraph 7 comparison: Morse Farm II & III

46 CT Department of Agriculture Community Farms Preservation Program

47 SEE HANDOUT

48 Community Farms Preservation Program ELIGIBILITY CRITERIA

49 Basic Eligibility for TOWN +recognize farmland preservation in the Town C&D Plan +establish an agricultural commission +inventory farmland resources +establish criteria or ranking system to identify priorities +designate a fund for farmland preservation +apply for locally important soils designation status +enter joint state-municipal cooperative agreement

50 Considerations for FARM eligibility Is it a food-producing farm? Is protection of the farm consistent with the State and Town Plans of Conservation & Development? Is protection of the farm a priority for the Town or land trust? Is town willing to cost share? Acres of prime, statewide and locally important farmland soils; acres of cropland; surrounding land use; farmstead infrastructure; method of marketing commodities produced; FRPP eligible?

51 Community Farms Preservation Program STATUS

53 as of October 10, towns with coop agreements (23 eligible for pilot) 34 towns with designated locally important farmland soils 15 farm applications in seven (7) counties received nine (9) applications received for pilot; two (2) under contract, one (1) offer extended, three (3) appraised and offers to be extended

54 In consultation with FPAB, the Commissioner will consider additional funding for CFPP based on: pilot program results program interest, and quality applications.

55 CT Department of Agriculture Farmland Restoration Program

56 SEE HANDOUT

57 Farmland Restoration Program HOW IT WORKS

58 PUBLIC Act Up to 250 farms may be served with priority given to (1) fruit & vegetable, (2) livestock & dairy, (3) other uses. Requires: increase farm resource base match for up to $20K conservation/restoration plan one year to complete activity

59 85 applications (1,060 acres) received average grant: 12.5 acres/project $2,664/acre grant average $1,325,000 allocated to specific projects OPEN APPLICATION PROCESS info online Beltane Farm, Lebanon: clearing farmland soils for expansion of goat pasture for dairy

60 CT Department of Agriculture Farmland Preservation Program Community Farms Preservation Program Farmland Restoration Program For more information, contact: ct.gov/doag or ctgrown.gov

Examples of Agricultural Easement Language

Examples of Agricultural Easement Language Compiled by: Judy Anderson, Columbia Land Conservancy Jerry Cosgrove, American Farmland Trust October 1999, Updated 2003 Based on the belief that a working, commercially-viable,