State and Local Steps for Successful Farmland Preservation

During one of the workshop breakout sessions, Scott Everett, Great Lakes Regional Director of the American Farmland Trust, outlined steps that the State of Wisconsin and local units of government should consider taking to develop a purchase of development rights (PDR) or transfer of development rights (TDR) program (see definitions below). Scott�s recommendations are based on his experience working with Michigan, Pennsylvania, Maryland, and other states that have successfully implemented such programs.

Purchase of Development Rights (PDR) � A voluntary program with the intent of permanently protecting productive, sensitive, or aesthetic landscapes. In this program, a landowner sells the development rights of a parcel of land to a public agency, land trust or unit of government. A conservation easement is recorded on the title of the property that limits the right to subdivide or use the land for specific purposes. Landowners retain all other rights and responsibilities associated with the land and can use or sell it for purposes allowed in the easement.

Transfer of Development Rights (TDR) � A voluntary program that allows landowners to sell development rights from their land (known as the "sending area") to a developer or other interested party. The purchaser is able to use these rights to develop land at a designated location (known as the "receiving area") at a higher density than would otherwise be allowed by local zoning. The seller of development rights retains ownership of the land; however, the right to develop the land is restricted with an easement.

What is needed at the state level?
At the state level, Scott identified three primary steps:

Adopt enabling legislation. As a first step, the state needs to adopt enabling legislation that specifically authorizes local units of government to transfer or purchase development rights and hold easements on farmland and other conservation lands. Several local programs already exist in Wisconsin despite the fact that there is no enabling legislation. Development of enabling legislation would clarify the legality of existing programs and encourage founding of additional ones.
Develop a framework for local programs. Minimum statewide guidelines are needed to guide local program development and participation. Scott provided several recommendations regarding priority parameters, such as adopting an ordinance and establishing an agriculture preserve board, which are described under "What is needed at the local level?" Scott believes statewide guidelines will provide some level of consistency across the state, yet will allow local communities to develop a program that best meets their specific needs.
Develop a state cost-share program. According to Scott, a state-sponsored cost-share program is also necessary. The state would need to develop application procedures and scoring criteria to rank and prioritize local projects for state matching funds. Scott offered several suggestions for scoring criteria, applicable at the state or local level, such as productive capacity of the land (as determined by soil type), potential for connectivity with other parcels of protected land, amount of matching funds, and consistency with the local comprehensive plan. A program oversight board and a funding source would also need to be identified. According to Scott, program funding is the last step in the process. If a quality program is developed, funding will follow.

What is needed at the local level?
At the local level, Scott outlined three fundamental steps that local governments can take to establish a local PDR or TDR program. These steps loosely parallel those at the state level.

Adopt local ordinance and develop program materials. As a first step, local governments should adopt an ordinance establishing a PDR or TDR program. The ordinance should provide for the establishment of a board to oversee the program and outline eligibility criteria for participation in the program. Application materials, scoring criteria, parameters for accepting and holding easements, an appraisal process, and stewardship practices to monitor and enforce easements also need to be developed. Scott stressed the importance of citizen involvement, education and leadership in developing local programs.
Establish board. Once the program is established, a board needs to be assembled to oversee the program. Board members should be selected to represent a diversity of local interests, such as production agriculture, agribusiness, conservation, real estate and development, or local government. Selection of strong leaders is critical to the success of the program.
Seek program funding. As previously stated, program funding should be the last consideration. The Lancaster County, Pennsylvania PDR program was in place for five years before the county allocated any funding to it. Initial funds of just over $300,000 in the mid-1980s grew significantly as the reputation of the program grew. Today, the program disperses between $10 million and $20 million annually using a mix of county, state and federal funds.

For Additional Information

The American Farmland Trust, Farmland Information Center has produced a series of fact sheets on PDR and TDR programs, funding sources, agricultural conservation easements, and other "tools" in the local farmland protection toolbox. These resources are available on their website by clicking on "Literature," followed by "Fact Sheets."

In addition, the Center for Land Use Education has produced a series of plan implementation tool fact sheets which address topics such as PDR, TDR and conservation easements. These fact sheets are available on the Center�s website.

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