Farmland Preservation, How it Works

COURT HOUSE – On New Jersey license plates is its motto “Garden State.” As development pressures increased, fields that once grew beans and corn were sold by their farmer-owners as age took its toll, or second and third-generation farmers lost their affinity for the land.
Cape May County residents realized that could spell disaster for the rural character of their communities, and thus support arose for farmland preservation.
According to the county’s website, the southern-most peninsula of the Garden State has, to date, purchased 59 farmland development easements. That action placed 3,135 acres aside and away from the possibility of ever growing nothing but houses. The cost of those purchases was about $34 million.
The site notes “Farms or development easements that are acquired through the Farmland Preservation Program will forever be protected for agricultural use.”
One of the key advantages of the program is that farmers may retain the use of their land for agricultural purposes.
Landowners who sell their development rights may still sell their land at any time. Deed restrictions are placed that prohibit non-agricultural development. Thus future owners of those preserved farms would also be required to comply with those deed restrictions.
Sale of development rights does not make the farmland public property. The public has no right to use a deed-restricted farm unless the farmer agrees to that use.
For farm landowners, joining in the Farmland Preservation Program means a stronger land base that supports the state’s agricultural industry. They are also assured that their land will remain preserved for farmland, and access to the resources that can help them achieve their personal and financial goal.
One of the benefits of the program is that urban sprawl is limited. Land that remains open helps to protect groundwater resources and the soil. It also provides an assortment of locally-grown farm products that ensure the unique flavors that many appreciate that only New Jersey crops can provide.
Those who place a garden-fresh Jersey tomato against an imported variety from California or Florida can immediately tell the difference by smell and juiciness. Also, as farms in distant states fall under stringent use of scare water supplies, their costs increase, while local produce is fresher and less costly.
To be included in the Farmland Preservation Program takes between one to two years, according to the county site.
Landowners must file an application with the county Agriculture Development Board. That will be reviewed and a site inspection will be made to ensure the parcel meets eligibility standards.
Should the land win first-round approval by the board, an application is made for funding from the State Agriculture Development Committee to offset county farmland preservation funds. That entity provides the county with grants to fund from 60-80 percent of the cost of purchasing development rights on approved farms.
Once state approval is secured, the county board has two independent appraisals done of the farm to certify its value to the state board. With those appraisals in hand, the county makes an offer to the farmer based on the state board’s certified value.
If the farmer/owner consents, the agreement is signed.
When final approval is received from the state, the county’s preservation funds are set aside for the project.
The property is surveyed and a formal “deed of easement” is prepared. At closing, the documents are signed and the owner receives payment for the easement.
Find related articles in this series here: http://goo.gl/5js5KE.