Farmland Protection Toolbox...

What options does Ohio have for protecting farmland and what options do we

need ?

Current Options:                    

Purchase of Development Rights - otherwise known as PDR. The State of Ohio's PDR program is officially known as the Agricultural Easement Purchase Program (AEPP). This program was set up after voters overwhelmingly approved the Clean Ohio Bond Issue. 

Ohio farmers have access to the AEPP program as a result of the Clean Ohio Bond Issue. This program pays property owners to keep their land in agriculture. A farmer sells the right to develop his land into non-agricultural use and a permanent agricultural conservation easement is placed on the land. The state pays the difference between the value of the land for agriculture and development

The farmer/landowner still retains all other rights to the land and can

sell the land in the future. While easements may reduce future market value, they also facilitate farm transfer and can reduce property taxes.

The State AEPP is in such demand that only 3-5% of all applicants to the program are funded.  To meet at least some of this demand the Clean Ohio Program will need to be reauthorized with increased funding available for farmland conservation and/or new sources of ongoing funding will need to be developed.  With state and federal easement programs 16 farms in the region will stay in agricultural use.

The Federal government, through the USDA-NRCS, also offers a PDR program called the Federal Farm and Ranchland Protection Program (FRPP).  This program has seen decreased appropriations for the past two years.

With this option land is made more affordable for farming, we are insured the value of continued agriculture to the local economy, the benefit of locally grown food, rural amenities to the community, watershed protection and wildlife habitat without the landowner being forced to bear the entire cost of these benefits. Benefits to the program are that there is permanent protection, it is a voluntary program, it can be implemented by the state, county or township and/or by private organizations. It also provides farmers with cash and can protect agricultural and ecological resources. Unfortunately it is an expensive program which is attested to by the large number of applicants to the state program. Over four hundred farmers applied to the program the first year and approximately three hundred applied for 2003 even with a 50% reduction in the amount of available funds for the purchase of easements. Because of the costs involved and existing development pressure, a state program alone cannot provide the solution to permanently protect farmland. In a state as diverse as Ohio, with the highest number of metropolitan centers within one state in the nation, designing a criteria to provide some level of protection to these many areas across such a large state has proven challenging. Across the country, many PDR programs are successful as they use a multitude of tools to protect farmland.

Agricultural Tax Programs - The state of Ohio uses the Current Agricultural Use Value (CAUV) program which is a form of differential assessment. Farmland is assessed at its agricultural value rather than the fair market value. There are recoupment provisions which require repayment of taxes on market value for a period of time if the agricultural land is converted to non-farm use. * These definitions and descriptions are intended for educational purposes only and are not to be construed as legal definitions or advice
© Dave Lipstreu
Right to Farm Law - under this state law farmers can have liability protection from a nuisance claim. It provides defense to a civil nuisance allegation if all of the following factors exist:

• The agricultural activities complained of were conducted within an agricultural district.
• Agricultural activities were established within the agricultural district before the plaintiff's activities or the interest on which the action is based.
• The plaintiff was not involved in agricultural production
• The agricultural activities were not in conflict with federal, state, and local laws and rules relating to the alleged nuisance or were conducted in accordance with generally accepted agricultural practices.

Agricultural Districts - Agricultural district programs allow farmers to form special districts where commercial agriculture is encouraged and protected. It is authorized by the state and implemented at the local level. Enrollment in an Ag district is voluntary. Those farmers who do enroll are offered some protection from utility assessments. These districts are flexible, can stabilize land base at low public cost and can help protect large blocks of land. Sanctions for withdrawal may not discourage conversion of land.

Agricultural Security Areas ASA's are an area of 500 acres of continguous agricultural land owned by one or more persons and used for the production of crops, livestock and livestock products;  A local government may consider establishing an agricultural area when requested to do so by landowners in the area. Once the agricultural area is designated, the land in the area receives special treatment designed to keep the land in agricultural use and prevent unreasonable restrictions on farm operations. In exchange for agreeing not to develop the ASA for a period of 10 years the County Commissioners agree not to extend infrastructure (water lines, sewer lines, roads etc.) into the ASA.  One of the benefits for farmers is additional tax relief of up to 75% on new structures.  The exact amount of such releif is determined by the county.

Agricultural Zoning - This type of zoning establishes where farming is the primary land use and discourages non-agricultural uses. The zoning specifies the number of houses that may be permitted in a district by looking at how much land is required to support specific types of farming. It is usually developed by the community and has the advantage of being a low-no cost alternative, it can be quickly implemented and is flexible. Disadvantages are that zoning can be changed and it can reduce land value. As with other land protection tools, it is best implemented as a complement to other types of programs.

See Possible Tools not currently in place in Ohio