Land Use Planning Land Use Planning Committee ResolutionCommittee Resolution

Study Land Use Planning issues and report to Study Land Use Planning issues and report to Resolutions Committee no later than October Resolutions Committee no later than October 2000. Address principles of:2000. Address principles of:

1.1. Protecting the speculative value of farmland.Protecting the speculative value of farmland.

2. 2. Protecting the right of the farmer to use their Protecting the right of the farmer to use their land to land to produce agricultural crops and produce agricultural crops and livestock if they adhere to science based rules livestock if they adhere to science based rules and regulations.and regulations.

Land Use Planning ProgramsLand Use Planning Programs• Agricultural DistrictsAgricultural Districts

• Agricultural Protection Zoning (APZ)Agricultural Protection Zoning (APZ)

• Circuit Breaker Tax ReliefCircuit Breaker Tax Relief

• Differential AssessmentDifferential Assessment

• Purchase of Agricultural Conservation Purchase of Agricultural Conservation Easements (PACE)Easements (PACE)

• Right-To-Farm LawRight-To-Farm Law

• Transfer of Development Rights (TDR) Transfer of Development Rights (TDR) ProgramProgram

What We FoundWhat We FoundThe Land Use Planning Committee feels that its primary responsibility in studying various land use programs is to protect the property rights of landowners and the development value of their farmland. All of the land use programs that are currently in effect in other states were looked at by the committee. The committee found that the land use programs that afforded the most protection also required some loss of certain property rights.

RECOMMENDATIONS

1. Protect our current use laws. By providing property tax breaks for farmers located near large population areas, open space is preserved in the neighborhood.

2. Strengthen our right-to-farm law.

3. Protect the speculative value of farmland and property owners development rights.

What does the future

hold?

Growth will continue

How will growth occur?

Planned or spontaneous

Planning works Planning works best at the local best at the local

levellevel

What are our options?

Reestablish the Free MarketReestablish the Free Market*In a free market, private property owners determine the use *In a free market, private property owners determine the use

of the of the land. Government intervention is minimal. land. Government intervention is minimal.

– What Can Be Done:What Can Be Done:• Review purposes of legal barriers that constrain the operation of Review purposes of legal barriers that constrain the operation of

free and open markets and recommend changes to lawmakers.free and open markets and recommend changes to lawmakers.

• Make public actions such as condemnation, annexation, and Make public actions such as condemnation, annexation, and takings more difficult. Enhance protections from nuisance suits.takings more difficult. Enhance protections from nuisance suits.

• Reduce funding and authority for planning and zoning functions.Reduce funding and authority for planning and zoning functions.

• Eliminate differential property tax incentives, transportation and Eliminate differential property tax incentives, transportation and housing development subsidies, and impact fees.housing development subsidies, and impact fees.

Protect Farmland and Open Protect Farmland and Open SpaceSpace

*Prime farmland and open space is identified, prioritized, and *Prime farmland and open space is identified, prioritized, and protected from development using various protected from development using various

government and privategovernment and private sector approaches. sector approaches.– What Can Be Done?What Can Be Done?

• Private sector organizations or individuals can purchase Private sector organizations or individuals can purchase property or development rights, and provide perpetual care property or development rights, and provide perpetual care for designated open spaces.for designated open spaces.

• Use tax revenues to purchase development rights or require Use tax revenues to purchase development rights or require developers to buy development rights to protect other prime developers to buy development rights to protect other prime farmland and open space areas.farmland and open space areas.

• Use zoning laws and create preservation districts to prevent Use zoning laws and create preservation districts to prevent urban encroachment into designated areas.urban encroachment into designated areas.

• Provide tax incentives to encourage landowners to keep land Provide tax incentives to encourage landowners to keep land in farmland and open space uses.in farmland and open space uses.

Redevelop Central CitiesRedevelop Central Cities*If blighted central cities (and rural main streets) are *If blighted central cities (and rural main streets) are

revitalized, revitalized, pressure for expanding development into the pressure for expanding development into the countryside declines.countryside declines.

– What Can Be Done?What Can Be Done?• The private sector and government should work together to The private sector and government should work together to

rejuvenate downtown areas.rejuvenate downtown areas.

• Pay the costs of demolition and provide incentives for Pay the costs of demolition and provide incentives for redevelopment in blighted downtown areas.redevelopment in blighted downtown areas.

• Provide incentives for developers to infill open space lots in Provide incentives for developers to infill open space lots in areas where infrastructure already exists.areas where infrastructure already exists.

• Provide incentives for rehabilitation of existing buildings, Provide incentives for rehabilitation of existing buildings, neighborhoods, and historic areas.neighborhoods, and historic areas.

Manage Growth on the Rural-Urban Manage Growth on the Rural-Urban FringeFringe

*Under managed growth, standards and incentives are established *Under managed growth, standards and incentives are established to to encourage developers to increase density, reduce open encourage developers to increase density, reduce open space space

conversion, and utilize public resources more efficiently. conversion, and utilize public resources more efficiently.

– What Can Be Done?What Can Be Done?• Draw boundaries around prime areas for future development. Open Draw boundaries around prime areas for future development. Open

areas outside this perimeter can be protected from development.areas outside this perimeter can be protected from development.

• Use zoning to impose mandatory residential density requirements Use zoning to impose mandatory residential density requirements and design standards for various subdivision types and land uses.and design standards for various subdivision types and land uses.

• Establish graduated subdivision impact fees to be paid by Establish graduated subdivision impact fees to be paid by developers.developers.

• Establish tax incentives to encourage higher-density development Establish tax incentives to encourage higher-density development and to preserve farmland.and to preserve farmland.