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Land Use
To assist in reaching the 20,000-acre goal, the State Agricultural Development Committee has developed the Strategic Targeting Project. The project encourages county agriculture development boards and county planning boards to adopt comprehensive farmland preservation plans that identify and inventory existing farmland, coordinate efforts to sustain the agricultural community within municipal and regional master plans, and generally promote the expansion of agriculture as an industry that is key to their region and New Jersey’s economy.
Preservation of land is only one component of preserving New Jersey’s farmers and agricultural industry. The Department’s approach to smart growth coordinates farmland preservation efforts with economic development strategies at the county and municipal levels.
The Department’s Agricultural Smart Growth Plan includes comprehensive proactive strategies that link the land, products, processing and workforce with marketing opportunities. The plan encourages proven traditional measures as well as innovative approaches, such as clustering, using alternative wastewater treatment systems to balance the need for both preservation and growth. The plan also opposes large lot zoning and downzoning, two practices that permanently remove the land from agricultural production at an accelerated rate, undermine preservation programs, and erode a farmer’s equity. These actions have a direct, negative impact on the retention of farms and farmers by severely reducing land values and farmland landowner equity. The plan also recognizes long-term land value appreciation as a factor in the continued viability of New Jersey farms. The maintenance of equity is a key concern for farmers, who use their land’s value as collateral for operating and production loans.
In December of 2004, the Township of Jackson in Ocean County adopted an ordinance creating a 600 foot buffer on both sides of segments of the Toms River, prohibiting all development, including agricultural uses and forestry. A 300 foot buffer limiting development is protected around most wetlands by the current Pinelands Comprehensive Management Plan (CMP) regulations. However, clearing land and erecting structures exclusively for agricultural purposes is not considered development by the CMP. The 300 foot buffer limits development on over 72 acres per mile of stream segment wetlands. Increasing the wetland buffer to 600 feet increases the land area affected by land use restriction to over 145 acres per mile of stream segment wetlands. Although the CMP permits an increased level of protection beyond its minimum standards, we question whether it has been appropriately applied to expand these buffer zones.
The Department of Agriculture’s Smart Growth Working Group has developed a Planner’s Tool Kit that will provide municipalities and counties with “hands-on” tools to assist with the implementation of the objectives and strategies of the Agricultural Smart Growth Plan.
The Highlands Act signed in August 2004 divided the 800,000-acre Highlands region into two areas: a preservation area, where development would be strictly regulated and a planning area, where development would be monitored. A Highlands Water Protection and Planning Council was charged to prepare and implement a regional master plan for the entire Highlands region.
With lessons learned by the agricultural community in the Pinelands, the Highlands law included a significant exemption for agricultural and horticultural activities and related development in the preservation area. Agricultural development and activities in the preservation area are separate and apart from the strict regulations that will be imposed upon major development in the preservation area. Points of particular importance to the Highlands region are as follows:
The Highlands Water Protection and Planning Council includes a farmer member.
The Garden State Preservation Trust (GSPT) appraisal comparison language was amended and will be based upon the regulations and zoning that existed as of January 1, 2004, effective for the life of the GSPT. This amendment helps provide equity protection for farmers statewide who are enrolled in the preservation program by requiring that the appraisals for the acquisition of land or development rights be based on the regulations and zoning in effect as of that date. Although the January 1, 2004 appraisal date does assist in supporting land equity, the agricultural community continues to encourage a legislative initiative to renew the November 3, 1998 zoning provision of the GSPT statewide.
The transfer of development rights program for the Highlands region will be voluntary and consistent with the "State Transfer of Development Rights Act”, signed into law in March 2004. Financial incentives are incorporated in the law to encourage towns to identify growth areas. The regional master plan must include recommended receiving zones and the capacities pursuant to the State TDR law, before the plan is adopted.
Language to clarify that the law is not intended to be interpreted in any manner that would lessen the protections afforded by the Right to Farm Act, and to reaffirm support of the Right to Farm Act and the continued importance of the agricultural industry to the Garden State.
Supplemental funding of approximately $30 million has been dedicated to the State Agriculture Development Committee (SADC) for all farmland preservation programs from the Highlands region.
Farm Bureau has created a “Highlands Working Group” to follow the work of the Highlands Council, provide support for the farmer member and provide relevant information on agricultural issues to all members of the council.
Efforts continue with regard to establishing a dedicated funding source for farmland preservation efforts in the region.
Other land use concerns of statewide importance continue to come to the forefront. Impervious cover restrictions are one example. Impervious cover is broadly defined as any surface that is highly resistant to water infiltration. However, the definition can vary depending upon the defining entity.
In 2003, the USDA set Impervious Cover limits on lands preserved with federal Farmland and Ranchland Protection Program monies.
As outside pressures continue to try to cap the amount of impervious cover on preserved farms, the Department of Agriculture supports a science-based approach that addresses the issue on a site-by-site basis.
The Highlands Law includes a definition for “agricultural impervious cover” that takes into account the temporary coverings used on farms. The law also defines a separate process for agricultural development based upon the amount of new agricultural impervious cover that will be added to the farm management unit.
Any agricultural development in the preservation area that adds 3% or more of new agricultural impervious cover (either individually or cumulatively) to the farm management unit, will be required to develop and implement a Farm Conservation Plan. Any agricultural development in the preservation area that adds 9% or more of new agricultural impervious cover (either individually or cumulatively) to the farm management unit will be required to develop and implement a Resource Management Systems Plan subject to science-based standards, consistent with the goals of the law.
THEREFORE, BE IT RESOLVED, that we, the delegates to the 90th State Agricultural Convention assembled in Atlantic City, New Jersey on January 24-26, 2005 endorse the New Jersey Department of Agriculture’s Agricultural Smart Growth Plan and its five-part approach to land use and conservation, balanced with economic development initiatives.
BE IT FURTHER RESOLVED, that we urge the Department of Agriculture to take the lead in supporting and advancing equitable and feasible density-transfer methods, including but not limited to clustering, regional growth zones, PDCs, and TDRs to coordinate preservation planning in conjunction with growth planning. The Department should also support and advance the use of current and new wastewater technologies to allow for the implementation of sound, innovative planning techniques and continue to build the Planner’s Tool Kit to assist municipalities and counties with the implementation of the objectives and strategies of the Agricultural Smart Growth Plan.
BE IT FURTHER RESOLVED, we are opposed to downzoning or large-lot zoning or zoning that has the practical effect of large lot zoning, because it fractures and consumes farmland, promotes land-consumptive sprawl, and adversely affects landowner equity. These zoning practices are counter productive to the principles of smart growth and should be discouraged by the Office of Smart Growth.
BE IT FURTHER RESOLVED, that we recognize that the protection of farmer landowner equity is as critical to the preservation of agriculture in New Jersey as the preservation of the land base, and that the cost of stopping sprawl, preserving open space, and protecting the environment must be shared by all those who benefit, not placed primarily upon those who wish to keep their land in agriculture or open space.
BE IT FURTHER RESOLVED, that we oppose the adoption of restrictive land use and wildlife management ordinances by any municipality in the State of New Jersey that are not science based or exceed the powers granted to those municipalities under existing laws and statutes.
BE IT FURTHER RESOLVED, that we recommend all landowners involved in all preservation programs (TDR sending areas, Pinelands credit sending areas, e.g.) be eligible for the same package of benefits or state incentive programs available through farmland preservation.
BE IT FURTHER RESOLVED, that we urge the Department of Agriculture to monitor the work of the Highlands Council, participate on the newly established Highlands Working Group and continue to be engaged in the effort to identify a dedicated source of funding for farmland acquisition in the Highlands region.
BE IT FURTHER RESOLVED, that we encourage participation of the entire agricultural community in the smart growth planning process and the ongoing cross-acceptance process. We encourage the Department of Agriculture to work with Rutgers University, Farm Bureau, the County Boards of Agriculture, the County Agriculture Development Boards, commodity groups, community leaders and other interested partners in the implementation of the Department’s Agricultural Smart Growth Plan.
BE IT FURTHER RESOLVED, that we continue to oppose any hard and fast caps on agricultural impervious cover. We support a threshold trigger for new impervious cover and the use of science-based criteria which is evaluated on a site-specific basis.
BE IT FURTHER RESOLVED, that we urge the State Planning Commission to integrate the Department’s Agricultural Smart Growth Plan into the State Comprehensive Smart Growth Plan to ensure a balanced approach that recognizes the importance of agriculture in New Jersey.
BE IT FURTHER RESOLVED, that we support legislative initiatives that would renew the November 3, 1998 zoning provision of the GSPT statewide.
