Frequently Asked Questions

Everyone benefits. Besides its value for the production of food, agricultural land provides many environmental benefits, which are important to the quality of life. Groundwater recharge, open space, and scenic view sheds are a few examples. Agriculture benefits local economies, too by providing jobs on farms and in supporting agribusinesses. Keeping land in farms also helps to keep taxes for public services down.

Agriculture districts are initiated by landowners and ultimately adopted or rejected by the county legislative body, the elected representative of all citizens in the county. The Department of Agriculture and Markets simply assures that district plans conform with the requirements of the law. The department also is responsible for administering the farm protections and benefits provided under the law. The Division of Equalization and Assessment plays a role is some provisions, too.

Districts must consist predominantly of viable agricultural land. This predominance test is interpreted as more than 50% land in farms. On average, districts state-wide contain approximately 70% farmland. The benefits and protections available under the law, however, apply only to land used in agricultural production.

Agricultural districts do not preserve farmland in the sense that the land is restricted for agricultural production forever. Rather, districts help to preserve farming as a viable economic activity, thereby maintaining land in active agricultural use.

No. To the contrary, an agricultural district can be an effective tool in helping local governments to manage growth. The existence of a district, for example, can help direct development away from traditional farming areas.

The Agricultural Districts Law does not prohibit free market transactions. A landowner's right to sell his or her land for whatever purpose is fully protected under the law. This may, on occasion, give rise to local conflicts over land use which the Agricultural Districts Law has no authority to control.

The law assures that farm structures and farming practices will not be inhibited by unreasonably burdensome local regulation. At the same time, it does not diminish the right of a local government to protect the public health and safety, nor to require farmers to abide by reasonable regulations that affect everyone equally. For instance, it is considered reasonable for a town to require a farmer to obtain a building permit for a new farm structure. If, however, the criteria used to grant such a permit are unreasonable or prejudicial against farming, the protections of the Agricultural Districts Law would likely apply.

The Agricultural Districts Law does not supersede the government's right to acquire land for essential public facilities like roads or landfills. However, it does provide for a process which assures a full evaluation of the effects of government-sponsored acquisition projects on the retention and enhancement of agriculture and agricultural resources within a district.