As New York’s farmland comes under increased development pressure, some landowners are looking for ways to preserve their land for farming. Their efforts help all of us. Preservation of farmland benefits not only farm families but rural economies and the environment. Agriculture contributes to local economies and creates jobs. The continued protection of farmlands is vital to the overall well-being of New York State.

One tool farmers can use to preserve their land is an agricultural conservation easement administered by the Department of Agriculture & Markets through the Farmland Protection Program. It funds the purchase of development rights (PDR) on productive farmland, paying owners to permanently protect their land for agriculture.

Deed restrictions, known as conservation easements, have these features:
• Limit future uses of the land that are inconsistent with or damage the agriculture value or productivity of the land.
• Encourage the business of farming.
• Permit the construction of new farm buildings and farm employee housing.
• Complement the right-to-farm provisions in the Agricultural Districts Law.
• Do not require public access.
• Retain private ownership.
• Conserved land remains on the tax rolls with its taxable value based on the remaining rights.

Under the state’s Farmland Protection Program, agricultural conservation easements must be held, monitored and enforced, in perpetuity, by a public body and/or a qualified conservation organization. A county or town qualifies as a public body, while a land trust is a conservation organization that has the authority to acquire interests in real property. The holder must uphold and enforce the terms of the easement.

The value of a conservation easement equals the fair market value of the property minus its restricted value, determined by a qualified appraiser. For example, if the full market value of a farmland parcel is $300,000 when developed but worth only $100,000 if restricted to agriculture use, then the landholder is eligible to be paid the difference of $200,000 for selling the development rights.

Counties or municipalities can receive state assistance up to 75% of the total implementation costs to protect viable farmland. Institutions seeking grants must submit a Request for Proposals (RFP). It contains eligibility guidelines and criteria used to score and rank all projects for funding. These include quality of soils, development pressure and the long-term potential for the land to stay in agricultural production.

Since 1996, New York’s Farmland Protection Program has awarded nearly $80 million to protect approximately 36,000 acres on 200 farms in 18 counties. As of December 2007, more than 4,000 acres have been protected in our nine-county area. Demand for funding to protect farmland far exceeds the money that’s available.

Where does funding come from for the remaining 25%? Town bonds, property taxes, town real estate transfer taxes or private sources are some avenues for funding. Another option is a bargain sale, where a landowner makes up the difference as a charitable contribution.

Who can apply for PDR Grants?
• A county Agricultural and Farmland Protection Board (AFPB) that has an approved county agricultural and farmland protection plan.
• A municipality that has adopted a local farmland protection plan. This is a comprehensive plan or other land use ordinances that consider agricultural uses and needs. The county AFPB must endorse the project.

Farmers or other landowners interested in pursuing a PDR must first inform the AFPB or municipality of their desire. Working together, they complete the PDR, and the AFPB or municipality submits the application to the Department of Agriculture & Markets.

Land not accepted into the state PDR program may pursue a conservation easement with a local land trust. This could involve donating the easement to the land trust. There are state and federal tax credits that can be taken for such a donation.

To learn more

For more information about New York’s Farmland Protection program, see:
www.agmkt.state.ny.us/AP/agservices/farmprotect.html
Requests for Proposals are announced at: www.agmkt.state.ny.us/RFPS.html

For more information about farmland protection contact:
Diane Held Phillips is the western New York field representative for the American Farmland Trust. Reach her at 716-652-0100. Email: dheld@farmland.org
America Farmland Trust: www.farmland.org

Groups Protecting Land Locally:
Western New York Land Conservancy: www.wnylc.org
Genesee Land Trust: www.geneseelandtrust.org

Jan Beglinger is an agricultural outreach educator based in Genesee County. Reach her at 558-343-3040. Ext. 126
Return to AgFocus Page