Genesee County Agricultural and Farmland Protection Plan

Genesee County, New York
Don’t underestimate the potential willingness of the non-farm public to pay more in
taxes if they know it is going directly to farmland protection. Surveys and referenda
around the country have shown a surprisingly positive reaction to property tax
increases if they are dedicated to farmland protection.
Think about building a reserve fund with multiple contributing sources until a) there
are sufficient funds and b) a dedicated revenue source has been established to begin
buying development rights.
7 Create a county ‘Enhanced Agricultural District Program’ for midterm
protection of Farmland.
Incorporating elements of tax relief for farmers and a ‘lease’ of development rights, the
‘Enhanced Agricultural District Program’ involves a voluntary commitment to restrict non-farm
development for a period of 10 years, with automatic re-enrollment, in exchange for annual
payments and priority in Genesee County’s participation in the state’s PDR program. The
overriding purpose of the ‘Enhanced Agricultural District Program’ is to help stabilize the land
base while zoning is being strengthened, the County is raising funds for its match of PDR
purchases, and the State increases it’s statewide funding for PDR. Since the holding costs of land
are often cited by farmland owners in Genesee as a significant operational expense, this program
would eliminate County, Town, and School District taxes. Special district taxes would apply as
provided for in the standard NYS Agricultural Districts Program. Finally, the ‘Enhanced
Agricultural District Program’ begins to integrate into a cohesive farmland protection effort a
number of aspects of public policy that are designed to help agriculture but are currently applied
in an uncoordinated way. These include agricultural districts with their right-to-farm protections,
agricultural assessment, and investment of public dollars in the purchase of development rights.
Eligibility. The following conditions would need to be met for a parcel to become a ‘Farmland
Protection District’:
Located within the boundary of a New York State Department of Agriculture and
Markets Certified Agricultural District.
Participating in an Agricultural District.
Outside of a Smart Growth Development Area.
Be at least 10 acres.
Contain at least 35% New York State ‘Prime Soils’.
Be developable (has some development rights based on regulations and soil capability
and not covered by another restrictive easement).
Meet any other state eligibility criteria.
Components
The farmland owner would enter into a 10-year option contract with the county agreeing
not to develop the land to a non-farm use and to keep the land available for farming.
36
Agriculture and Community Development Services, Inc.