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What Can Local Government Do?

What Can Local Government Do?. Agriculture Definitions. Typical Local Government Definition

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What Can Local Government Do?

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  1. What Can Local Government Do?

  2. Agriculture Definitions Typical Local Government Definition “the tilling of the soil, the raising of crops, horticulture and gardening, but not including the breeding, grazing and keeping or raising of domestic animals and fowl, except household pets, and not including agricultural industry or business, such as fruit packing plants, fur farms, stockyards, animal hospitals or similar uses.” Utah Agriculture Code 4-1-8(1) “the science and art of the production of plants and animals useful to man including the preparation of plants and animals for human use and disposal by marketing or otherwise.”

  3. Agriculture Definitions Developers A use that occupies ground that is the most easily developable and has water attached to it. Typical Local Government Zoning Practices A holding zone that eventually will be turned into a higher and better use that will provide revenue to the City. A nuisance that residents need to be protected against. A cultural resource to be preserved. Local Farmers “a way of making a living until it is no longer profitable.”

  4. Planning tools for Agriculture Annexation Policy Plans General Plans Subdivision Standards Zoning laws

  5. Annexation Policy Plans (Utah Code 10-2-401.5) Legislative Requirements All cities are Required to have one. Must address population projections and associated needs for infrastructure expansion and funding, gaps and overlaps with other jurisdictions. “in conjunction with the municipality's general plan, the need over the next 20 years for additional land suitable for residential, commercial, and industrial development; “consider the reasons for including agricultural lands, forests, recreational areas, and wildlife management areas in the municipality; and

  6. General Plans (Utah Code 10-9a-401 and 403) Legislative Requirements All cities are Required to have one. They may provide for the efficient and economical use, conservation, and production of the supply of food and water; and drainage, sanitary, and other facilities and resources. They shall include a land use element that “designates the long-term goals and the proposed extent, general distribution, and location of land for housing, business, industry, agriculture, recreation, education, public buildings and grounds, open space, and other categories of public and private uses of land as appropriate.”

  7. General Plans (Utah Code 10-9a-403) Legislative Requirements The land use element must identify and consider each Agriculture Protection Area within the municipality; and avoidproposing a use of land within an Agriculture Protection Area that is inconsistent with or detrimental to the use of the land for agriculture.

  8. Zoning (Utah Code 10-9a-401) Typical Planning Efforts with Agriculture Generally concerned about negative impacts of one use on another. (e.g. Residential Zone, Commercial Zone, Industrial Zone) Agriculture generally includes all types of production except “fruit packing plants, fur farms, stock yards, animal hospitals” Standard lot sizes and dimensions are dictated, which compel higher density development to occur. Issues with infrastructure cost, productivity of remnant land, costs of services.

  9. Zoning (Utah Code 17-41-402) Typical Planning Efforts with Agriculture A political subdivision within which an Agriculture Protection Area is created within its boundary shall encourage the continuity, development, and viability of agriculture within the area by not enacting a local law, ordinance, or regulation that would unreasonably restrict a farm structure or farm practice within the area unless the law, ordinance, or regulation bears a direct relationship to public health or safety. A political subdivision may not change the zoning designation of or a zoning regulation affecting land within an Agriculture Protection Area unless the political subdivision receives written approval for the change from all the landowners within the agriculture protection area affected by the change.

  10. Subdivision Standards (Utah Code 10-9a-401) Typical Planning Efforts with Agriculture All cities are NOT required to have subdivision ordinances. Generally require new development to connect to public utilities, provide public roads, have everything engineered or surveyed, bond for improvements, and undergo lengthy review processes. May provide for private roads and common areas to be maintained by a Home Owners Association (HOA). Must address Agriculture Protection Areas within 300 feet of any new development and place notice on the subdivision plat of the proximity to an Agriculture Protection Area.

  11. New Tools for Agriculture Agriculture Protection Areas Preservation Zoning Protection Zoning Economic Development Cooperatives

  12. Agriculture Protection Areas (Utah Code 17-41-301) (4) A county or municipal legislative body may establish:     (a) the manner and form for submission of proposals; and     (b) reasonable fees for accepting and processing the proposal.(5) Each county and municipal legislative body shall establish the minimum number of continuous acres that shall be included in an agriculture protection area or industrial protection area.

  13. Possible Transfer of Development Rights and/or Conservation Easements. • Providing regulations that enable a farming operation to remain viable (i.e. profitable). • Letting a farmer subdivide a small portion of a larger farm with clustered lots accessed by dirt lanes and having a private water system. • Allowing group housing (multi-family) for farm workers on farms. • Nuisance regulations applicable to the area. • Allowing road side retail without commercial site development standards (e.g. temporary uses). • No requirement to connect to City water if on a private water system. Water only dedicated at development. Preservation Zoning

  14. Not Conservation Easements or Transferring of Development Rights. • Protecting “who was there first.” • Requiring developments to mediate negative affects of development on farms or to new homes close to farms. • Require notices on deeds and along abutting property lines. • Require long term maintenance of boundary between development and agriculture use. • Development standards to allow aquifer recharge in prime recharge areas. • Including local irrigation company to approve utility plans and ditch removal. Protection Zoning

  15. Culture and Revenue • Farm Festivals / “Orchard Days” • Farm & Farmer’s Markets • Corn Mazes and Pumpkin Picks • Tractor Pulls • Experiencial Farming like “Pick your own” • Road Side Stands • Value added products • Packing Sheds • Warehousing • Seasonal Work • Produce Outlets • Buy Local Economic Development

  16. What Can Local Government Do? Address agriculture needs in plans. Look beyond typical zoning and development practices. Allow protection areas and foster conservation. Provide ways for both the farmer and the City to make a profit. Plan Policies Protect Profit

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