Preserving Agricultural Land and Farming Opportunities

The goals of agricultural preservation in Massachusetts vary depending on the unique situations of each community. In some rural communities, the goal of agricultural preservation is to enable existing farmlands to remain viable through the use of restrictions programs and marketing projects or tax breaks. Other more suburban communities may want to see existing agricultural lands developed in ways that decrease the impacts from conventional subdivision activity and preserve significant amounts of the open areas. In urban areas, the focus may be less on preservation and more on providing access to agricultural opportunities not often found in densely developed areas.

There are a variety of ways to protect or promote agricultural opportunities in Massachusetts. The tools that are used will depend on the opportunities faced by a community and their goals for preserving or creating agricultural spaces:

Chapter 61A - The Chapter 61 Program provides a tax break to owners of recreational, forest or agricultural lands as long as the land remains in the specified use. Specific information regarding how these incentives are calculated and which lands can qualify can be found in the Massachusetts Department of Revenue Division of Local Services Property Tax Bureau's "Taxpayer's Guide to Classification and Taxation of Agricultural/Horticultural Land in Massachusetts" brochure dated October 1997. It is important to note that Chapter 61 is an incentive program not a permanent protection of open space or farmland. Local planners should assume that all of theses lands in their community have development potential. Changes were made to this law in 2006, see Chapter 394 of the Acts of 2006. The following link provides a summary of those changes: http://www.mass.gov/agr/chap_61_changes_3_22_07.pdf

Agricultural Commissions - These Commissions are formed by passing a local bylaw or ordinance and serve as advocates for local farms. Responsibilities can include protecting farmland, providing assistance for natural resource management, affording visibility to local farmers, and assisting local boards with community development decisions. Ninety-one cities and towns have established Agricultural Commissions. For a list of communities who have established Agricultural Commissions, click here. More information on this program can be found on the Massachusetts Department of Agricultural Resources (MDAR) website at: http://www.mass.gov/agr/agcom/index.htm. For specific information about Agricultural Commissions please contact one of the following people: Irene Winkler, USDA-NRCS, Pilgrim RC&D (Bristol, Plymouth, Barnstable, Dukes and Nantucket counties) (508) 295-1317 x 130, irene.winkler@ma.usda.gov; Peter Westover, MDAR (Berkshire, Franklin, Hampden and Hampshire counties) (413) 665-4077, westover03@comcast.net; or Cheryl Ledstrom, MDAR (Essex, Suffolk, Middlesex, Norfolk and Worcester counties) (508) 835-6936 / 2452, clekstrom@mac.com.

Right to Farm - The Right to Farm is vested in all residents of the Commonwealth under Article 97 of the state Constitution. Communities interested in formally re-asserting that right within the community may pass a Right to Farm Bylaw that clearly states the priorities of the community relative to fostering agricultural activities and allowing farms to operate "with minimal conflict with abutters and Town agencies" (see MA Attorney Generals' Model Right to Farm Bylaw). The bylaw/ordinance also establishes the notification procedure for informing all residents of the Town of the community's status as a Right to Farm entity. For a list of communities with a Right to Farm bylaw, click here.

Agricultural Preservation Restrictions (APRs) - This program is designed to protect the most productive agricultural lands in the Commonwealth and establishes permanent deed restrictions on agricultural lands protecting them from any use that might diminish the area's agricultural potential. These deed restrictions are purchased with state funds that can be matched to some extent by municipal and in some cases federal funding as well. More information on this program can be found on the MDAR website at: http://www.mass.gov/agr/landuse/APR/index.htm.

Community Gardens - Community Garden programs have been successfully developed in cities such as Somerville and Lowell and provide residents with an opportunity to grow food or horticultural varieties in heavily urbanized settings. Gardens are often managed by community groups who allocate specific plots of land to citizens on an annual basis. These areas also provide community gathering for cultural and educational events.

Farm Viability Enhancement Program (FVEP)- The purpose of the Farm Viability Enhancement Program (FVEP) is to improve the economic bottom line and environmental integrity of participating farms through the development and implementation of Farm Viability Plans. These comprehensive, yet focused farm plans, which are developed by teams comprised of farmers and other agricultural, economic and environmental consultants, suggest ways for farmers to increase their on-farm income through such methods as improved management practices, diversification, direct marketing, value-added initiatives and agritourism. In addition, Farm Viability Plans make recommendations concerning environmental and resource conservation concerns on participating farms. Applications and further information for the FVEP can be downloaded directly from the MDAR website at: http://www.mass.gov/agr/programs/farmviability/guidelines.htm)

Zoning Protections - Communities concerned with the development potential of existing agricultural lands can adopt zoning bylaw amendments specifically designed to protect these open tracts of land. Perhaps the most straight forward approach is to implement true large lot zoning. Minimum lot sizes in these provisions generally range from 10 to 25 acres per unit and, as a result, are best suited to communities with vast areas of farmland. Densities should not go below these levels in order to achieve the desired end result of preserving wide open undeveloped areas. Other protections can include mandatory cluster or Open Space Residential Design (OSRD) provisions for existing farmland. These provisions ensure that the protection of open space will be maximized as lands transition from farmland to residential development.

Transfer of Development Rights (TDR) - One of the more innovative ways to facilitate the transition of agricultural lands is through the use of Transfer of Development Rights. This technique is better suited to Massachusetts communities where individual farms are considerably smaller than in other areas of the country where true large lot zoning has been used to preserve open space in agricultural areas.

TDR provides an excellent opportunity to blend down-zoning with incentives for increased density. In agricultural communities, undeveloped agricultural lands can be designated as "sending areas" where the amount of development that would ordinarily be allowed on the parcel is transferred to a pre-designated "receiving area". In other words, the development potential of one area is added on to the development potential of another. A detailed description of this technique is provided as a separate smart growth tool, including a model TDR bylaw focusing on agricultural preservation.

Communities that have success in preserving farmland and agricultural preservation will generally have the following characteristics.

Well Organized Parcel Information. Whether discussing the preservation of individual farms in rural communities or developing community gardens in the urban setting, it is impossible to capture these opportunities if they are not known to local decision makers. Having access to a well organized Assessor's database that identifies these opportunities is a critical first step to planning for agricultural preservation. Communities that have implemented a GIS Assessor's database have a clear advantage when prioritizing lands for preservation. Other local initiatives, such as Open Space and Recreation Plans, can serve as an excellent source of information relative to Chapter 61A lands and other farmlands in a community.

Committed Core Citizens Group. Researching existing Agricultural Preservation efforts in Massachusetts reveals that a committed group of citizens lies at the core of successful efforts. Institutionalizing preservation efforts in the form of Agricultural Commissions, Agricultural Preservation Restrictions or Community Gardens often hinges on a reliable group of citizens with administrative skills and a solid understanding of the local tools and state-level programs that apply to these situations.

Open Lines of Communication. One of the primary roles of an Agricultural Commission is to maintain a continuing dialogue between state and local agencies, farmers, and the general population within a community. Regular outreach efforts are a required component of a successful Right-to-Farm initiative and local Commissions must develop a consistent forum for individuals to raise issues, resolve conflicts and plan for the future of agricultural lands.

Local Commitment in the General Population. Agricultural Preservation efforts often require community-wide support. Right-to-Farm Bylaws, for example, will require a vote at town meeting for adoption by communities with that form of government. Furthermore, funding for parcel acquisition or Agricultural Preservation Restrictions may also need to be approved by a town meeting vote. It is therefore essential for communities involved in these efforts to continually reach beyond the primary stakeholders in the agricultural community and into the overall population to support local initiatives.

Over ninety Agricultural Commissions have been created in Massachusetts to help preserve agricultural lands and farming operations in their community. In these communities and many others, local officials have leveraged funding to help finance more than 500 APRs statewide, which span thousands of acres of active or retired farmland. Targeted production efforts have also successfully decreased local commitments to imported products. A UMass Amherst study released in 2000 showed that the state's level of self-sufficiency in products important to Massachusetts agriculture had climbed from 19 percent in 1975 to nearly 32 percent in 1997 (http://www.mass.gov/agr/news/Ags_hold_on_the_commonwealth.htm). The work of local Commissions, in collaboration with state agencies, has helped to maintain a six billion dollar revenue stream for an industry that pays 77 million dollars each year in wages.

These types of agricultural preservation measures directly or indirectly satisfy several of the Massachusetts Sustainable Development Principles including:

• Plan Regionally: Preserving farmland and agricultural opportunities has obvious economic significance to the state as a whole and is consistent with long standing Massachusetts policies.

• Concentrate Development and Mix Uses: Preservation techniques that mandate cluster development in agricultural areas concentrate development in a way that preserves land while expanding housing opportunities in a municipality.

• Use Natural Resources Wisely: The preservation of agricultural lands conserves existing natural resources by maintaining recharge to groundwater and maintaining open space.

• Protect Land and Ecosystems: Conservation restrictions that may be placed on existing agricultural lands can provide permanent protection for wildlife habitat and significant cultural or historic landscapes.

• Increase Job and Business Opportunities: Efforts to preserve and enhance the viability of existing agricultural operations foster local economies and strengthen sustainable resource-based businesses.

Agricultural preservation can provide several financial benefits to municipalities and to the development community. Limiting development in outlying agricultural areas will reduce municipal infrastructure and service costs that would result from large scale subdivision development. If development rights are transferred as part of a preservation technique, private developers can realize significant financial gains through an increase in the development potential in "receiving areas" such as village centers or established residential neighborhoods.

Other financial considerations include the amount of money that may be needed by a community to purchase lands that are withdrawing from the Chapter 61A program. Also, the likelihood of success of any proposed APR will be increased if a municipality can provide a portion of the funding required to purchase the deed restriction. Potential sources of funding include Self-Help Grants from the Massachusetts Department of Conservation Services and money set aside through the adoption of the Community Preservation Act.

Another direct economic benefit of agricultural preservation comes from maintaining a viable local agricultural economy. Producing more local agricultural products reduces dependence on foreign and out-of-state operations, reduces shipping expenses and oil consumption, and strengthens local economies. Locally grown products employ Massachusetts farmers and substantially reduce the costs and impacts of large scale interstate transport.