Genesee County Agricultural and Farmland Protection Plan

Agriculture and Farmland Protection Plan
definition of ‘incentives or bonuses’ is increased ‘population density’. Community benefits
means, among other things cited in the law, ‘specific physical, social or cultural benefits’ or
cash, in lieu thereof. This is a legal opportunity that is not widely available in all parts of the
country. While the mechanics of transfer of development rights (TDR) may be too daunting right
now for Genesee County, the use of incentive zoning could be used for purposes of farmland
protection.
Consider the fact that municipalities everywhere periodically ‘upzone’ parcels to higher densities
or to different uses as they feel the community needs them. Rarely is anything required of the
landowner or developer who has just benefited from a windfall of increased value to their
property. Land within the development areas surrounding each of the towns and villages that has
not yet been upzoned to its highest appropriate use could be covered by an overlay of incentive
zoning. Rezoning requests to higher densities could be granted (if appropriate given other
conditions community) in exchange for 1) the permanent protection of like acreage in an
agricultural district in the same town, or 2) for a fee paid into the farmland protection fund to be
used to leverage county and/or state dollars to buy development right easements on farmland in
the same town. In this way, the entire community shares the benefits of the increased values
created by the rezoning.
6 Develop new funding sources specifically for a farmland protection
fund.
A single source of funding for a PDR program for farmland protection in Genesee County is not
immediately apparent. However, the County’s situation is not unique. Other rural jurisdictions
have found some creative ways to go about accomplishing their goals. Six things to consider
when looking for funding:
Protect your investment. How well do your land use regulations support the money
you plan to raise and spend?
Look to the future and put into place ways to tap the future engine of growth. Direct
proceeds by law to a farmland protection fund. Working now to get enabling
legislation from the state and then enacting a real estate transfer tax will not reap
enormous rewards in the short term but by the time it can, it’s usually too late,
politically, to enact such a tax.
Look close to home for other opportunities such as the fee-in-lieu-of incentive zoning
(see recommendation #5) to leverage a town’s power to create value.
When farmland protection is viewed as ‘avoidance of future infrastructure costs’ for
the towns and counties, raising money with bond issues to fund purchase of
development rights makes fiscal sense.
Columbia, MD
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