PANEL ON FARMLAND PRESERVATION IN THE MIDWEST

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Jim Glover: Road to the Farm 2014 Saving Farms & Farmland National Conference May 12 13 Hershey PA PANEL ON FARMLAND PRESERVATION IN THE MIDWEST FARMLAND PRESERVATION IN THE MIDWEST Welcome. Thank you for attending This session is 90 minutes We will begin with speaker introductions Each state (MI, WI, OH) will have 22 minutes to make their presentation/s 20 minute questions & answer period following all presentations 1

PANEL Brian Bourdages, Farmland Protection Specialist, Grand Traverse Regional Land Conservancy, MI Denise Franz King, Executive Director, Office of Farmland Preservation, Ohio Dept. of Agriculture Erica Schmitz, Land Use Manager and Deputy Clerk Treasurer, Town of Dunn, Wisconsin Alison Volk, Wisconsin Department of Trade and Agriculture OHIO S PROGRAM: PRESERVING LAND & PROVIDING CAPITAL Artist: Carol McClain Cosgrove 2

ORIGINS OF OHIO S PROGRAM 1998 Farmland Preservation Office established 2000 Clean Ohio Conservation Bonds passed by voters by 59% Provided $50 million/year for conservation projects including $6.25 million a year for agricultural easement purchases 2008 Clean Ohio Bond Fund renewed by 69% Originally driven by rapid suburbanization Toni Silber Delerive, Grafton OH OHIO FARMLAND PRESERVATION LAWS ORC Sec. 901.21 defines terms, creates authority to acquire easements, sets terms for extinguishment (no longer possible to farm); creates operating fund; ORC 901.22: lays out how the program operates ORC 901.23: creates an advisory board Mark Gingerich, an Ohio Impressionist Artist 3

MEMBERS & ROLE OF THE ADVISORY BOARD Representatives of: active farmers (4) Soil & Water Districts County Commissioners Township Trustees Environmental Interest Development Interests Universities rep Planning interests Role: Develop consensus on policy issues Educate their members about the program Make recommendations to the ODA Director on criteria for selecting easements for purchase Jim Glover, Simple Farm WHAT OHIO S PROGRAM DOES Purchases permanent agricultural easements from landowners who compete to sell them Pays up to 75% of points based appraisal for difference between ag production value and development value Abigail Joseph, At the Radnor Hunt 4

OHIO AG EASEMENTS Are voluntary Land remains in private ownership and continues to pay taxes If land is sold, land must remain in ag production Easement runs with the land in perpetuity Do not have a 2% impervious surface clause Mark Gingerich, Winter Glow EASEMENTS SUPPORT RURAL ECONOMIES Easements may be used for any purpose. Most common: 1. expand farm operations, 2. pay off debt, 3. purchase new equipment, 4. purchase an annuity, 5. install conservation practices 6. college education Proceeds circulate in the rural economy and support Ohio s #1 industry: food and agriculture Grain storage & new equipment are popular investments Ashtabula County Ohio 5

OHIO FARMLAND PRESERVATION STATISTICS * FROM 2014 AFT PACE REPORT FOR ODA ONLY Easements acquired: 315 Acres protected: 54,212 (includes Tobacco & donated but not easements owned exclusively by private land trusts) State funds spent: $36.5 M (ops & personnel excluded) FRPP funds spent: $38.2 M Total Actual spent: $74.8 M Landowner donation value: $88M Average payment $1000/acre Average easement size: 120 acres Logan County Ohio Preserved Farm As of 12/31/13 6

As of 12/31/12 OHIO PROGRAM REQUIREMENTS Farm must be and remain in agricultural production Minimum of 40 acres, 10 if adjacent to permanently protected property Easement maximum $500K/yr Maximum of 1000 acres Points for: soil productivity, specialty soils, medium development pressure, local commitment to farmland preservation, etc. Lake County Ohio Grapes Lake County Ohio grapes 7

OHIO PROGRAM REQUIREMENTS II All land in single ownership must be applied at same time Strongly encourage estate planning before entering program Zero to one home per farm One time split allowed if farm is over 400 acres & split is requested and approved before landowner applies Otherwise, no subdivision. Period. Purpose is to build blocks of preserved farms If preserved farm has restrictions a potential buyer does not prefer, encourage the buyer to purchase from 11 million acres in farm land not under easement. OHIO PROGRAM REQUIREMENTS III Annual easement monitoring by local sponsor Customary rural enterprises allowed on homestead (2 5 acres) Oil and gas development allowed Has always been a part of Ohio farms Land must be restored to original productivity Pipeline & utility easements must be approved by ODA Mark Gingerich, An Ohio Impressionist Artist 8

LOCAL AGRICULTURAL EASEMENT PROGRAM Ohio Dept. of Agriculture works through Local Sponsors: Counties (4), townships (2), cities (0) Soil & Water Conservation Districts (10) Land Trusts (9) Local Sponsors: Conduct outreach to local landowners Complete on line, self scoring application for landowners Obtain resolutions of support from local governments Send Notice of Selection, Purchase Agreement and Closing Conduct annual monitoring and send reports to state Mark Gingerich, Ohio Impressionist Artist AGRICULTURAL SECURITY AREAS Landowners with at least 500 acres enroll in ASA for 10 year period Land in ASA is protected from non farm development and utility assessments ASAs create blocks of farmland for 10 years Can be renewed Artist: Carol McClain Cosgrove 9

LOCAL AG EASEMENT PURCHASE PROGRAM (LAEPP) ODA conducts annual Local Sponsor Certification Local Sponsors (LS) demonstrate ability to operate local agricultural easement purchase program Local Sponsors are ranked by experience of their organization and personnel & degree of local government support for farmland preservation ODA awards funding to local sponsors based on above and the cost of easements in their area 17 LS representing 45 of 88 counties certified for 2014 with allocations from $174,037 to $665,016 Total of $6 million for ag easement purchases LOCAL SUPPORT IS REWARDED IN LS ALLOCATIONS POINTS AWARDED FOR: County comprehensive plans prioritize keeping land in agricultural production and identify priority ag zones County agricultural economic development plans that prioritize food production or manufacturing Agricultural Districts Ag Security Areas Abigail Joseph, Autumn Hillside 10

CHALLENGES Areas of the state served by mature land trusts strong, but areas with low easement values do not participate; Pockets of anti easement fervor driven by anti Agenda 21 rhetoric Less emotional intensity for farmland preservation (could be short term) Greater interest in living downtown vs countryside 2012 Ag census showed Ohio gained 4,000 acres of farmland Less pressure to convert farmland due to high crop $ CHALLENGES CONTINUED Ag production values close to development values in some areas, making easements less $ attractive Need for attorney education on easements & estate planning Pipeline easements: Explosion of requests; Need for agreement with the industry on access and reclamation standards As program matures and farms with easements pass to less committed owners: growing need for Landowner education Legal action 11

CONTACT INFORMATION Denise Franz King Executive Director Office of Farmland Pres. Ohio Dept. of Agriculture 8995 E Main St Reynoldsburg, OH 614 728 4203 Denise.King@agri.ohio.gov Abigail Joseph, Farm Garden WEBSITE: www.agri.ohio.gov/divs/farmland/farmland.aspx FARMLAND FOREVER YOUTUBE VIDEO: http://www.youtube.com/watch?v=4miezvn9qy8 ARTISTS WEBSITES Carol McClain Cosgrove: carolslandscapes@yahoo.com Jim Glover: www.jimgloverart.com Abigail Joseph: www.abigailjoseph.com Mark Gingerich, An Ohio Expressionist Artist mark@markgingerich.com Jim Glover, Golden Glow 12