Agricultural Land Preservation
Issue
Agricultural land in Minnesota is threatened by
competing and conflicting rural nonfarm development. In some areas agricultural
land conversion is in the best interests of the community. But when it occurs on
prime soils or where significant agricultural investment has been made,
conversion can have serious consequences and destroy an irreplaceable natural
resource.
Development is reducing the amount of land in
Minnesota that is available for agricultural production. According to the
Natural Resources Inventory of the U.S. Department of Agriculture, Minnesota
lost approximately 240,000 acres of farmland, forest and open space between
1982 and 1992. This is equivalent to the area of Scott County.
Several programs in Minnesota authorize the State and
counties to protect farmland. These programs are briefly summarized below.
Metropolitan Agricultural Preserves Program. This program is administered by the
Metropolitan Council with the intent to preserve agricultural land in the seven
county metropolitan area. Under this program, local governments identify areas
where agriculture is to be preserved. Farmers receive property tax credits and
other benefits by placing a restrictive covenant on their land that limits its
use to agriculture. Local governments may not enact ordinances that restrict or
regulate normal agricultural practices, unless the regulation has a direct
relationship to public health and safety.
Minnesota Agricultural Land Preservation Program. Counties outside of the seven-county
metropolitan area are authorized to prepare an agricultural land preservation
plan and implementing controls for review by the Minnesota Department of
Agriculture. Persons who own land in areas that are designated for long-term
agricultural use are eligible to receive a property tax credit of $1.50 per
acre in exchange for agreeing to keep their land in agricultural use for eight
years. Additional benefits to landowners for participating in this program include
protecting for normal agricultural practices, limits on annexation, exemptions
from special assessments, expanded protection from eminent domain actions, and
prohibitions on siting public facilities.
State Agricultural Land Preservation Policy. This law establishes state policy on
agricultural land preservation and conservation. In addition, state or state
funded projects of ten acres or more, which are not already subject to the
environmental review process, must be reviewed by the Minnesota Department of
Agriculture.
“Green Acres” Property Tax Deferment.
This program authorizes the deferment of assessments and taxes payable on
farmlands whose valuations are increased due to residential or commercial
development potential.
Right to Farm Law. Agricultural operations cannot be considered
a nuisance if: (1) it operates according to generally accepted agricultural
practices; (2) is located in an agriculturally zoned area; (3) has been in
operation for two or more years; and (4) complies with applicable federal and
state regulations.
Purchase of Development Rights and Transfer of
Development Rights.
Counties and cities are authorized to adopt ordinances to establish
purchase of development rights and transfer of development programs. These
programs preserve agricultural land through acquiring or transferring the
development potential of agricultural lands to other targeted areas.
Notice of Residential Development. Statute enacted in 1997 requires a notice to
be sent to owners of agricultural land within 5,000 feet of a proposed
development of four or more residential units on land zoned for agriculture.
Zoning. County, city and township zoning is not directly for the purpose
of agricultural land preservation, however, provisions of zoning ordinances that
regulate residential density standards and agricultural uses can have a
significant impact on agricultural operations.
AMC supports land use management programs that encourage the preservation of agricultural land and the industries supported by agricultural Production.
Created: 11-21-00
Revised: