WHAT CAN FARMLAND PRESERVATION, RIGHT TO FARM, AG MEDIATION & FARM LINK DO FOR ME? Tara Kenyon, Senior Planner Somerset County Agriculture Development Board November 14, 2011
FARMLAND PRESERVATION SOMERSET COUNTY AND BEYOND Since the inception of the SCADB in 1983, over 8,100 acres of farmland have been preserved in Somerset County alone Over $28.5 million dollars has been spent by Somerset County to preserve farmland and retain the agricultural industry In December 2010, the SADC reported that 189,547 acres of farmland has been preserved across the State, with a total of nearly 1.5 billion dollars being spent by the State, and participating Counties, Municipalities and Non-Profit Entities
FARMLAND PRESERVATION IS STILL A PRIORITY IN TRENTON On August 11, 2011, Governor Christie signed into law $91 million dollars to help fund farmland preservation projects across the State On October 11, 2011, the New Jersey State Planning Commission released the draft State Strategic Plan: New Jersey s Development and Redevelopment Plan, which identifies Preservation and the Enhancement of Critical State Resources as one of the top 4 goals for New Jersey
HOW DOES FARMLAND PRESERVATION WORK? A landowner interested in farmland preservation >25 acres should first contact the SCADB; a landowner interested in farmland preservation <25 acres should contact their municipal Planning Office From their, minimum eligibility will be determined Application process is assisted by the easement purchaser staff SADC will review and issue Greenlight Approval Easement purchaser will commission 2 independent appraisals, and transmit the results to the SADC for a CMV Once the CMV is determined by the SADC and accepted by the easement purchaser, a value will be offered to the landowner. Once the landowner accepts the value, a contract is executed between the easement purchaser and the landowner. From that point forward, the proper due diligence is performed (title search, survey work, etc.), usually at the cost of the easement purchaser After all due diligence is complete, a closing with legal representation takes place and the easement is filed with the property in the County Clerk s Office
COMPREHENSIVE FARMLAND PRESERVATION PLAN In 2006, the SADC passed legislation that transformed the existing preservation programs available creation of the County Planning Incentive Grant (County PIG) In May 2008, SCADB adopted their Somerset County Comprehensive Farmland Preservation Plan, which created a list and map of Candidate Farms, Project Areas, and identified goals and strategies for enhancing the agricultural industry in Somerset County 14 other Counties completed similar Plans, and are now eligible for farmland preservation funding through the County PIG 37 municipalities also created Municipal Plans, and are now eligible for a different pot of farmland preservation funding through the Municipal PIG
MINIMUM CRITERIA Minimum Eligibility for Candidate Farms <10 acres Site must produce at least $2500 annually in agricultural and/or horticultural products Site must be 75% or 5 acres tillable (whichever is less) Site must have 75% or 5 acres (whichever is less) of soils capable of supporting agriculture or horticulture Land must be developable as defined by the SADC (ability to be subdivided, zoning, less than 80% wetlands and less than 80% steep slopes) Site must be eligible for TDR Minimum Eligibility for Candidate Farms >10 acres There are no financial production requirements Site must be 50% or 25 acres tillable (whichever is less) Site must have 50% or 25 acres (whichever is less) of soils capable of supporting agriculture or horticulture Land must be developable as defined by the SADC (ability to be subdivided, zoning, less than 80% wetlands and less than 80% steep slopes) Site must be eligible for TDR
HOW DOES FARMLAND PRESERVATION BENEFIT THE FARMER? The landowner still owns the property itself, which can be sold with the deed restriction at any time Participants gain access to cost-sharing grants to fund sold an water conservation grants (http://www.state.nj.us/agriculture/sadc/farmpreserve/grants/soil&wate rgrants.pdf ) Limited protection from acquisition of land through eminent domain, and emergency restrictions on the use of water and energy supplies Tax benefit charitable deduction Stronger land base to support New Jersey s agricultural industry
PRESERVED FARMS ACROSS SOMERSET COUNTY
THE RIGHT-TO-FARM ACT (NJAC 4:1C) The Right-to-Farm Act was passed in 1983, and protects commercial farmers from public and private nuisance actions, as well as unduly restrictive municipal regulations. The SADC has established a formal process for hearing and determining all RTF Complaints The CADB is the first line of communication in any RTF matter http://www.state.nj.us/agriculture/sadc/rtfprogram/
WHAT IS A COMMERCIAL FARM? A farm that produces horticultural products worth $2,500 or more annually, and satisfying the eligibility criteria for differential property taxation pursuant to the "Farmland Assessment Act of 1964," P.L.1964, c.48 (C.54:4-23.1 et seq.), OR A farm management unit less than five acres, producing agricultural or horticultural products worth $50,000 or more annually and otherwise satisfying the eligibility criteria for differential property taxation pursuant to the "Farmland Assessment Act of 1964," P.L.1964, c.48
WHAT IS THE PROCESS? An individual or municipality is required to file a formal complaint with the appropriate CADB. The CADB reviews the documentation, performs a site visit and places the item for discussion on the agenda of a regularly scheduled meeting, if the farm meets the criteria. After review by the CADB s RTF Subcommittee, and seeking guidance from the SADC, the CADB will make a determination on the issue by resolution.
WHAT IS THE PROCESS? (CONTINUED) This determination is sent to the SADC, and the applicant or defendant has 30 days to file an appeal. If an appeal is received by the SADC, the matter is forwarded to the Office of Administrative Law. Their determination is made and sent to the SADC for approval, denial or modification. The SCADB makes every effort to hear all written and verbal complaints from all interested parties, and seeks legal guidance as well as guidance from the SADC.
HOW DO AMP S FACTOR IN? The SADC has created ten Agriculture Management Practices, which can be used on farms with RTF complaints. If an AMP does not exist for an activity in question, the CADB will research the matter to be sure that the minimum eligibility requirements are met for RTF protection, and then forward the matter to the SADC for the creation of an AMP. Farmers have the right to request a Site Specific AMP which is a safeguard against future complaints against the activity in question.
AGRICULTURAL MEDIATION The SADC established this program as an alternative to the formal RTF process If all parties agree via a written filed request, mediation sessions will be scheduled. All mediators are trained and impartial Voluntary program Free of Charge! http://www.state.nj.us/agriculture/sadc/rtfprogram/conflictres/ag mediation/index.html
FARM-LINK A resource and referral center for new farmers, farmers seeking land and opportunities, farmers seeking farmers, etc. Interested farmers and/or municipal officials, landowners, non-profit entities, etc. can complete a questionnaire and submit it to the SADC http://www.state.nj.us/agriculture/sadc/farmlink/
HOW CAN THE SCADB HELP YOU? The SCADB recently launched its new webpage, offering resources and links to applications, legislation and many other important tools at www.co.someset.nj.us/scadb The Somerset County Comprehensive Farmland Preservation Plan is posted in its entirety, with all of the mapping Upcoming meetings and events, as well as news from the SADC is now available Special page dedicated to resources for Preserved Farmers
FOR PRESERVED FARMERS SCADB S DEDICATED PAGE
FOR MORE INFORMATION Tara Kenyon, Senior Planner Somerset County Agriculture Development Board (908) 231-7021 Kenyon@co.somerset.nj.us