January 31, Meeting with town officials regarding development of the new Door County Farmland Preservation Plan

Transcription

1 January 31, 2011 Meeting with town officials regarding development of the new Door County Farmland Preservation Plan 1

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5 Conversion of agricultural land to nonagricultural use in Door County exceeds eastern district and state averages: Between 2000 and 2002, 64% (yearly average) of agricultural land sold in Door County converted to non-agricultural uses, compared to the state s average of 29%. 5

6 GOAL 2: Establish and enhance local education, coordination, and funding efforts to promote agricultural preservation. GOAL 5: Preserve existing agriculture and promote more sustainable agricultural operations, providing local food sources to serve present and future generations. 6

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8 Revised Chapter 91 Working Lands Initiative effective July 1, New statutory definition of Agricultural Use : Crop or forage production (includes orchards) Keeping livestock Beekeeping Nursery, sod, or Christmas tree production; forest management Floriculture, aquaculture Fur farming Enrollment in federal agricultural commodity payment program or federal or state agricultural land conservation payment program 8

9 Multiple components: county farmland preservation plans; income tax credits for Exclusive Agricultural zoning and/or Agricultural Enterprise Areas; Purchase of Agricultural Conservation Easements. Conservation standard compliance required. Most components of law not effective until updated plan, maps, and ordinance developed and certified by DATCP. Door County plan must be certified by December 31,

10 $5.00/acre if located in AEA only. $7.50/acre if located in EA zoning only. $10.00/acre if zoned EA and in AEA. All must: Earn at least $6,000/year in gross farm revenue (or $18,000 over 3-year period). Be in compliance with NR 151 Agricultural Performance Standards. Use the land primarily for agriculture. Have paid property taxes. 10

11 No minimum lot size mandated by state. Some non-farm development on small lots allowed, either via conditional use permit or by rezoning and paying conversion fee. Creation of small lots no longer needs to be for farm consolidation purposes or for farm workers/family residences. $7.50/acre income tax credit. 11

12 Rezoning out of EA requires findings of fact and shall be substantially consistent with farmland preservation plan. Fee for rezoning lands out of EA: 3 times the Dept. of Revenue (DOR) Grade 1 cropland value, per acre. Example: Clay Banks 2011 Grade 1 value is $208/acre (changes yearly). $208 x 3 = $624/acre. Fee collected by county, sent to DOR. Owners not collecting tax credits still subject to fee. No fee for sale of land. No fee for rezoning as part of plan certification process. 12

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14 Country Road John & Mary Smith Zoned EA 40 a John & Mary Smith Zoned EA 20 a John & Mary Smith Purchased 20 a Zoned EA Smith Acres LLC Zoned EA 40 a Base Farm Tract 2 40 acres Base Farm Tract 1 60 acres Ownership of both parcels is exactly the same Purchased land after base farm tract determined; does not change base farm tract acreage. 14

15 Individual and cluster developments of non-farm lots may be allowed by CUP in EA if: Ratio of non-farm lot acreage to the base farm tract acreage minus the non-farm acreage is less than 1 to 20 (0.05); and No more than 4 non-farm dwelling units established on base farm tract (an additional farm residence is also allowed for each base tract); and Proposed non-farm parcel(s) will not: Convert prime farmland or cropland (other than a woodlot) from agricultural use, unless no reasonable alternative location. Significantly impair or limit the current or future agricultural use of any other protected farmland. 15

16 Country Road John & Mary Smith 40 a Zoned EA John & Mary Smith 20 a Zoned EA Base farm tract = 60 acres 1 existing farm residence Ratio of non-farm acreage to farm acreage minus non-farm acreage may not exceed 1 to 20 (0.05). DATCP formula: R (non-farm development acreage allowed) = Base farm tract acreage /21. Up to 2.85 acres (60/21) of non-farm lots allowed. Could contain up to four non-farm residences. May authorize with CUP if new lots do not convert prime soils or cropland or impair/ limit future agricultural use of any other protected farmland. 16

17 Contiguous land area devoted primarily to agricultural use and locally targeted for agricultural preservation and agricultural development. AEA must be identified as preservation area in county Farmland Preservation Plan map. Application must be submitted by five or more eligible farms (land totaling at least 1,000 acres) and the local government, and be approved by DATCP. Farmers in AEAs are eligible for income tax credits ($5/acre) if they enter individual, 15-year contracts with DATCP. Early contract release requires payment of conversion fee (same formula as for rezoning out of EA district). 17

18 Pilot program underway: Approx. 12 AEAs and 200,000 acres approved statewide for program start January 1, applications being turned in now for 2012 program start. Interested parties should contact Coreen Fallat at or (608) prior to submitting a petition. Petition form on DATCP website, 18

19 State will provide 50% matching grants toward PACE. Participants: landowners, non-profit organizations, local and other governments. Permanent deed restrictions, binding current and future owners. Land remains on tax rolls as agricultural land. No public access requirement. Applications solicited annually; final steps now in progress for first set of approved applications. 19

20 Door County Soil & Water Conservation Department (SWCD) will review compliance for: Cropland Erosion Manure Storage Facilities Clean Water Diversion Nutrient Management Manure Management DATCP still working on processes for reporting and communication between agencies (DOR, Door County SWCD, and DATCP). 20

21 After 12/31/2012, for Door County farmers to be eligible for tax credits, farmland preservation plan and map must meet state Working Lands Initiative standards and be certified by DATCP. If any EA zoning, zoning ordinance and map(s) must be re-certified by 12/31/2013. Farmland preservation plan text and map must be consistent with comp. plan; EA zoning must be consistent with both. 21

22 1. Clay Banks retains and/or other towns choose to have (some) areas zoned EA. 2. Pursue other, non-certified, zoning options. 3. Pursue AEA designation(s), regardless of zoning district(s). (Must be mapped as preservation area.) 4. Pursue PACE option, regardless of zoning district(s). (Must be mapped as preservation area.) 5. Forego participation in formal state programs. 6. Develop (other or additional) farmland preservation programs within the county. 22

23 November 30, 2010: Kick-off meeting. Winter : Public Participation Plan, grant application, meetings with towns : Collect required data and develop draft vision statement, goals, and maps, based on comprehensive plans and other public & local officials input. Early 2012: Municipal review & RPC approval. Mid-2012: Submit plan certification application to DATCP. Late 2012: County adopts final version; county and towns amend comprehensive plan future land use maps, if necessary. Zoning ordinance text and map amendments related to EA developed/adopted in