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Agricultural Land Preservation
in Massachusetts
Bob Ritchie, General Counsel
Department of Agricultural Resources
IMLA Regional Conference
Portsmouth, NH - 6/20/2012
Agricultural Preservation Restriction Program
(APR)
30 (+) year history:
1. Established in 1977 - one of the
first volunteer Farmland
Preservation Programs in the
United States.
2. FIRST RESTRICTION: Salisbury,
1980, 18 acres
3. As mid-May 2012, 810 APRs
acquired, with 67,668 acres
protected in approximately 162
towns
MISSION:
The mission of the APR Program is to keep agricultural land available and
affordable for farmers. In order to do that, the agricultural resource,
including soils, must be restricted with covenants that assure it remains a
productive landscape available for farmers to acquire at its agricultural
rather than its unrestricted market value.
…
Thresholds for Consideration in
the APR Program.
 Land must be “actively devoted” to agricultural or
horticultural uses. Defined in Sections 1-5, inclusive,
of Chapter 61A for at least two immediately
preceding tax years.
 Minimum of 5 acres.
 Gross sales of agricultural products from the land
must total “not less than $500 per year” for five
acres, plus additional $5 per each acre above five
acres.
APR as a Restriction and a
Contract
 The APR Restriction is both a restriction in land and a
binding agreement between an owner of an APR
Parcel and the Commonwealth, exists in perpetuity,
runs with the land, binds all future owners of the
APR Parcel, and is recorded at the appropriate
Registry of Deeds. The recorded instrument contains
a statement of purpose, ownership rights, prohibited
uses and acts, uses and acts requiring Department
approval, processes and procedures, affirmative duty
to farm, inspection and enforcement rights, and
option to purchase at agricultural value.
Release of Restriction
 APRs are perpetual, subject to Article 97 of the Articles of
Amendment of the state constitution, and can only be released
if authorized by a two-thirds vote of both houses of the
Legislature.
 As a condition of release, the current value of the restriction
must be re-paid proportionately to the original sources of
funding for the APR.
 Executive Office and Department Policies involving Land
Disposition (no net lose policies) discourages the conversion of
viable units of agricultural land to non-agricultural uses.
 The Department requires that one acre of agricultural land of
comparable or greater agricultural viability be permanently
protected for future agricultural use, for every acre of
agricultural land so released.
APR Criteria:
 Soil Classification, physical features and location.
 Degree of threat to the continuation of agriculture on
the project land.
 Degree to which the project land size and composition
will be economically viable for agricultural purposes
and likelihood the land remains in agricultural use.
 Other Considerations:
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Vicinity of the project to “blocks” of protected farmland.
Municipality willingness to assist (funding, legal services, etc.)
Accomplish collateral environmental objectives. Partner
agencies
Community commitment to implement Sustainable
Development Principles.
Acquisition cost is justifiable by the anticipated benefit.
Is the project FRPP eligible.
Overview of APR Process
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Voluntary Application
Field inspection &
Recommendation for ALPC
Nomination
 Scoring of Parcel
 Evaluation of FRPP
Standards
 Evaluation of Community
(APR-Muni)
Appraisal & offer to
Landowner
Final ALPC Vote
Closing Process: 18-24 months
AGRICULTURAL PRESERVATION
RESTRICTIONS
Permanently protecting critical farmland resources
through acquisition of non-agricultural value.
Statutory Formula:
An amount as is determined by the
agricultural lands preservation committee to be equitable in consideration of
anticipated benefits from such project but not to exceed the difference
between the fair market value of such land and the fair market value of
such land restricted for agricultural purposes pursuant to this section.
FUNDING SOURCES: (include)
State Contribution- Environmental Bond Funds
Local Contribution- Municipalities, Land Trusts
Federal Farm & Ranch Land Protection Funds (FRPP)
Bargain Sales By Landowners (Tax Benefits)
Agricultural Lands Preservation
Committee Makes the Call
 Broad-based Involvement:
Five State Members:
Commissioner of Agricultural Resources (Chair)
Secretary of Environmental Affairs or designee
Director, Housing & Community Development or designee
Chair, Board of Agriculture (Fred Dabney, Jr.)
(Director, Office of State Planning or designee)
Four Public Members:
George Beebe, Great Barrington
Gordon Price, Boxford
Warren Shaw Jr., Dracut
Steve Verrill, Concord
Baseline/ Monitoring
 MDAR’s baseline and
monitoring program:
A snapshot in time of the
restricted farm parcel for the
landowner and Department.
2. Makes contact with current
and future landowners on
permitted uses and activities.
3. Prevents or helps remedy
most disputes or violations.
4. Provides a history of any
changes on the parcel.
 Approx. 75 Baselines per Year
1. 93 Backlog APRs Baseline
Remain
 187 Monitoring Reports in 2012
1.
APR
Stewardship
EFFORTS
 Department Approvals (Uses, Acts, Structures):
1.
2.
3.
4.

Certificates of Approval (COA): Approx. 38 Per Year
Certificates of Compliance (COC): 66 Pending or Issued
 Implementation of COC Procedures is a priority in 2012
Special Permits: Approx. 2 – 4 New or Renewal Permits
Waivers ROFR & Option to Purchase at Ag. Value: Approx.
14 Per Year
Compliance & Enforcement
1.
2.
Mutual Resolution/ Legal Action
Special Attorney General (SAG) Status
Amended Policies / Rules
 APR’s Regulation (330CMR22.00)
1.
Promulgated 12/25/2009
 Limited Conditional Certificate of Approvals
1.
Approval of Ag. Related Structures Services Farm
Operations on non-restricted land.
 APR Spending Cap (Score Card to Exceed $10,000/
acre up to max of $20,000/acre)
1.
2.
3.
Proximity to Already Protected Farmland
Parcel Viability – Soil Composition
Local Critical Farmland – Municipal Support
 Pending Policies
1.
2.
Conversion FVEP Covenant to APR
Memorandum of Understandings for Pre-Acquisition APRs
Technical & Grant Assistance
 MDAR Programs:
1.
2.
3.
APR Improvement Program
(AIP)
Agricultural Environmental
Enhancement Program
(AEEP)
Agricultural Energy Grants
 USDA Programs:
1.
Environmental Quality
Incentives Program (EQIP)
Agricultural Energy Grants
 Goal: to foster energy conservation and to fund
agricultural energy projects in an effort to improve
energy efficiency and to facilitate adoption of
alternative clean energy technologies on farms.
Program in 5th year. For FY 2012, 59 proposals were
received, with $455,000 funds available for individual
projects up to a maximum of $30,000.
Farm Energy Discounts
 Provides discounts on electricity and bass bills of
10% to eligible entities if certified by MDAR as
principally and substantially engaged in the business
of production agriculture for commercial purposes.
 In 2011, 1,300 farms were enrolled, with average of
$5,000 discounts, for a total of $650,000.
Agricultural Business Training
 The long-term preservation of farmland depends on
the success of the farmer in the business of farming.
 The ABT program conducts repeat training programs:
 “Tilling the Soil”
 “Exploring the Small Farm Dream”
 “Planning for Startup”
APR Improvement Program
 Program provides business planning, technical assistance,
and grants to farmers on land projected under an
agricultural preservation restriction ( AIP farms met at
least 4 of the 6 objectives):
1.
- improve economic viability
2.
- create private sector jobs
3.
- enhance productivity and competitiveness
4.
- expand farm facilities as part of a business plan
5.
- support renewable energy
6.
- strengthen markets
 Program in its 3rd Round
 First two rounds results included 21 participating farms
with 3,632 acres of farmland; over $1.4 in grants
(average grant $67,857); $138,302 in total technical
assistance (average TA per farm $6,586)
Agricultural Environmental
Enhancement Program
 Goal: to support conservation practices intended to
protect the state’s natural resources by prevention or
mitigation of pollution that may arise from
agricultural practices
 From 1999 through 2011, more than 389 projects
received a total of $4,500,000, selected based on
potential to positively impact the most sensitive
resource areas, such as water supply and wetlands
State-Owned Farmland
 Goals include:
 - making state-owned farmland available for
commercial farming
 - making vacant public lands available to groups
and individuals for farming and community
gardens
Matching Enterprise Grants
 MEGA – a new program whose goal is to recognize
the importance of beginning farmers by providing
assistance to new and beginning farm enterprises (1
to 5 years in operation)
 Program provides business planning and technical
assistance of up to $10,000 to farmers who match
the grant on a one-to-one basis
Agricultural Commissions,
Right to Farm By-Laws
 Facilitates the adoption of local “right to farm”
ordinances and by-laws which serves as notice to all
current and future residents of the community that
the city or town is supportive of agriculture and
judges the public benefits of farming as trumping the
occasional noises and smells of the farm.
 MDAR facilitates the creation of local agricultural
commissions whose mission includes advocacy for
farmland and farmers at the local level, including
educational outreach to publicize the town as a
“right to farm” community.
Mass Department of Agricultural Resources
Agricultural Preservation Restriction Program
251 Causeway Street, Suite 500
Boston, Massachusetts 02114-2151
 Ron Hall, APR Program Coordinator
617-626-1704; [email protected]
 Chris Chisholm, Eastern Mass APR Regional Planner
617-626-1788; [email protected]
 Michele Padula, Central Mass APR Regional Planner
617-626-1758; [email protected]
 Barbara Hopson, South Western Ma APR Regional Planner
413-548-1906; [email protected]
 Rick Chandler, North Western Ma APR Regional Planner
413-548-1905; [email protected]
 Michael Gold, APR Information Systems Administrator; 617626-1712; [email protected]
 Delia Delongchamp, APR Stewardship Coordinator, 617-6261737; [email protected]
Mass Department of Agricultural Resources
Agricultural Preservation Restriction Program
251 Causeway Street, Suite 500
Boston, Massachusetts 02114-2151
Web-Site Resources:
http://www.mass.gov/agr/landuse/APR/index.htm
http://www.mass.gov/agr/divisions/ag_technical_assistance.htm
www.ma.nrcs.usda.gov
FARM VIABILITY Enhancement Covenants
The BEST way to keep land in agricultural
use is to make agriculture PROFITABLE for
those who use the resource.
The Farm Viability Enhancement Program is an innovative
effort that integrates technical assistance and business
planning along with access to capital and farmland
preservation
PRIMARY CONCEPTS OF THE
FARM VIABILITY PROGRAM
Improve individual farm’s economic viability
- Encourage more value-added & direct retail
- Promote vertical integration
- Enhance product diversity
Improve environmental practices used on
farms.
ADDITIONAL CONCEPTS TO
SUPPORT FARM VIABILITY
Protect agricultural land and open space more
economically
Increase access to capital
Provide access to technical assistance no
longer available elsewhere
Improve business and management skills
among farmers.
CRITERIA for SELECTION
1.) Threat to the continuation of agriculture;
2.) Number of acres to be placed in the covenant;
3.) Whether the farm has diversified or is interested in
retail or value added activities;
4.) Number of years & type of experience of applicant;
5.) Degree to which the project would accomplish
environmental objectives;
6.) The suitability/productivity based on soil
classification, features and location.
Covenant, Contract and Check
COVENANT OPTIONS
- 5 years - $25,000
- 10 Years - $50,000
- 10 Years - $75,000 - if over 135 acres
CONTRACT
What is to be accomplished with funds and when
CHECK
6 to 8 weeks following signing
A Successful, Environmentally-Sound Farm
Business is the Best Farmland Protection Tool
Program Description
Phase I – Business Planning
Phase II – Covenant, Contract and Check
Phase III – Receipts, Reporting and Evaluation
A Few Statistics . . .
 FVEP initiated in 1996
 362 farms protected by 5 or 10 year covenants
 34,453 acres protected
 Just under $15M in grants awarded
 99% of farmers in the program remain in farming
 73% of farmers in the program invest additional
personal capital beyond the grants amounts
 Average additional investment nearly $32,000 per
farm
 Grants up to $100,000 to be available to farmers
committing $50,000 of personal capital to project
Massachusetts Department of
Agricultural Resources
251 Causeway Street, Suite 500
Boston, Massachusetts 02114-2151
 Craig Richov, Farm Viability Program Director
 617-626-1725
 [email protected]
Mass Department of Agricultural Resources
Agricultural Preservation Restriction Program
251 Causeway Street, Suite 500
Boston, Massachusetts 02114-2151
Web-Site Resources:
http://www.mass.gov/agr/landuse/APR/index.htm
http://www.mass.gov/agr/divisions/ag_technical_assistance.htm
www.ma.nrcs.usda.gov