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FAQ re:Ag Protection Zones

FAQ re:Ag Protection Zones

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Published by Alison Reber
American Farmland Trust Fact Sheet
American Farmland Trust Fact Sheet

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Published by: Alison Reber on Jan 09, 2008
Copyright:Attribution Non-commercial


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American farmland trust · Farmland information center
Herrick Mill, One Short StreetNorthampton, MA 01060Tel: (413) 586-4593Fax: (413) 586-9332Web: www.farmlandinfo.org
1200 18th Street, NW, Suite 800Washington, DC 20036Tel: (202) 331-7300Fax: (202) 659-8339Web: www.farmland.orgSeptember 1998
Agricultural protection zoning refers to countyand municipal zoning ordinances that supportand protect farming by stabilizing the agricultur-al land base. APZ designates areas where farm-ing is the desired land use, generally on the basisof soil quality as well as a variety of locationalfactors. Other land uses are discouraged. APZordinances vary in what activities are permittedin agricultural zones. The most restrictive regula-tions prohibit any uses that might be incompati-ble with commercial farming. The density of resi-dential development is limited by APZ.Maximum densities range from one dwellingper 20 acres in the eastern United States to oneresidence per 640 acres in the West.In practice, the specific areas designated byAPZ are generally called agricultural districts.In the context of farmland protection, however,these zoning districts, which are imposed by localordinances, are easily confused with voluntaryagricultural districts created by farmers understatutes in 16 states. To avoid confusion,American Farmland Trust refers to the mandato-ry agricultural areas as agricultural protectionzones, and the voluntary areas as agriculturaldistricts.APZ ordinances contain provisions that establishprocedures for delineating agricultural zones anddefining the land unit to which regulationsapply. They specify allowable residential densitiesand permitted uses, and sometimes include sitedesign and review guidelines. Some local ordi-nances also contain right-to-farm provisions andauthorize commercial agricultural activities, suchas farm stands, that enhance farm profitability.Occasionally, farmers in an agricultural protec-tion zone are required to prepare conservation orfarm management plans.The definition of APZ varies with jurisdictionand by region of the country. A minimum lot sizeof 20 acres, combined with other restrictions,may be sufficient to reduce development pres-sures in areas where land is very expensive andfarming operations are relatively intensive.Several county APZ ordinances in Maryland per-mit a maximum density of one unit per 20 acres.In areas where land is less expensive and exten-sive farming operations such as ranches predomi-nate, much lower densities may be required toprevent fragmentation of the land base. InWyoming and Colorado, counties are notpermitted to control subdivision of lots that arelarger than 35 acres. The 35-acre provision hasled to the creation of hundreds of 35-acre“ranchettes” in both states, fragmenting ranchesinto parcels that are too small for successfulcommercial ranching.Many towns and counties have agricultural/resi-dential zoning that allows construction of houseson lots of one to five acres. Although these zon-ing ordinances permit farming, their function ismore to limit the pace and density of develop-ment than to protect commercial agriculture. Infact, such ordinances often hasten the decline of agriculture by allowing residences to consume farmore land than necessary. AFT defines APZ asordinances that allow no more than one housefor every 20 acres, support agricultural land usesand significantly restrict non-farm land uses.
The courts first validated zoning as a legitimateexercise of police power in the 1920s, givinglocal governments broad authority to regulatelocal land use. Rural counties in California,Pennsylvania and Washington began usingzoning to protect agricultural land from develop-ment during the mid-1970s. In 1981, theNational Agricultural Lands Study reported 270counties with agricultural zoning. In 1995, aninformal AFT survey found nearly 700 jurisdic-tions in 24 states with some form of APZ.
APZ helps towns and counties reserve their mostproductive soils for agriculture. It stabilizes theagricultural land base by keeping large tracts of land relatively free of non-farm development,
The Farmland Information Center is a public/private partnership between American Farmland Trust and the USDA Natural Resources Conservation Service that provides technical information about farmland protection

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