Genesee County Agricultural and Farmland Protection Plan

Agriculture and Farmland Protection Plan
Limit future uses of the land that degrade the agricultural value or productivity of the land
Extinguish virtually all non-farm development rights (i.e., the right to build residential or
non-agricultural structures)
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
Leave the landowner in full ownership of the farm
DETERMINING EASEMENT VALUE
In general, the value of an easement is the fair market value of the property minus its restricted
value, as determined by a qualified appraiser. For example, if the market value of an unprotected
parcel of farmland is $200,000, but worth only $100,000 if protected with an agricultural
conservation easement, then the farmer is paid the difference of $100,000 for selling the
development rights.
Landowners may choose to donate some or all of the value of their development rights as a way
to permanently protect their farmland and potentially reduce income and estate taxes.
PROGRAM COSTS
Since the state PDR program requires applicants to contribute a local match, county and
municipal funds are also necessary for the implementation of PDR projects. The state program
will fund up to 75% of the cost of a purchased easement. The remaining 25% must be matched
by local jurisdictions. The following section outlines several ways local communities can
finance their PDR programs.
Bonds - In the past decade, many New York communities have recognized that farmland
conservation is a long-term investment. Several of these communities have issued municipal
bonds to pay for the purchase of development rights on farmland. Suffolk County on Long Island
was the first. In 1976 they authorized a $21 million bond program to pay for the development
rights to thousands of acres of farmland. Since then, several towns on the eastern end of Long
Island also have instituted bond programs of their own. In the 1990s, the western New York
town of Pittsford authorized two consecutive $5 million bonds to fund its farmland protection
program.
General Revenues - Other communities have set aside annual appropriations to pay for farmland
protection projects by using current revenues. The town of Amherst has allocated funding for its
projects in this manner, and so has the town of Ithaca.
Real Estate Transfer Taxes - In 1998, the state Legislature and Governor Pataki approved a law
that allowed five towns in the Peconic Bay region of Long Island to establish individual
community preservation funds. The proposed funding mechanism would create a 2 percent real
estate transfer tax to apply to most high-end property sales. The tax, paid by the purchaser, is
based on property value above a designated threshold.
Columbia, MD
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