HomeMy WebLinkAboutAgenda - 10-03-2006-5jORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 3, 2006
Action Agenda
Item No. 5 -~_
SUBJECT: Authorization to Develop Appendix to Lands Legacy Program Document
DEPARTMENT: ERCD PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
Lands Legacy Action Plan Issue Paper David Stancil, 245-2590
on Farmland Preservation Legislation
PURPOSE: To authorize ERCD staff to create a new appendix to the Lands Legacy Program
Document (adopted April 4, 2000) modifying the farmland preservation section to make it
consistent with new State farmland preservation legislation (this appendix was suggested in one
of the three "issue papers" presented with the Lands Legacy Action Plan for 2006-08).
BACKGROUND: Legislation adopted by the General Assembly in 2003 and again in 2005
amended sections of the NC General Statutes addressing the preservation of farmland. In
particular, NCGS 106-744 (`Purchase of Agricultural Conservation Easements; Establishment of
North Carolina Agricultural Development and Farmland Preservation Trust Fund') modifies the
way matching funds for grant monies toward this purpose are made available.
The provisions provide for different levels of local matching dollars based on the economic "tier"
of the County and whether the County has a "countywide farmland protection plan." Orange
County is a "Tier 5" county, and Tier 5 counties must provide a 30% match if they have no
countywide farmland protection plan, but only a 15% match if they do. Orange County's Lands
Legacy Program predates this legislation, and incorporates many of the provisions of a
"countywide farmland .protection plan" already, including criteria not required by the statutes.
However, some provisions related to the new legislation are not included in the Lands Legacy
Program, or exist elsewhere in other materials and need to be added to Lands Legacy.
Primarily, these include updates on agricultural activity and economic challenges to family farms
in order to be certain of meeting the new definition.
ERCD staff proposes to create an Appendix to the Lands Legacy Program Policy document
(adopted. April 4, 2000) that coordinates the needed information in a manner that satisfies the
legislation's description of a Countywide Farmland Protection Plan, using data from ERCD,
Economic Development Commission, and other agricultural agencies. This will enable the
County to qualify for the lower matching funds ratio outlined above. The appendix would be
reviewed by the Agricultural Preservation Board, the Soil and Water District Board, and the
then .presented to the Board of Commissioners for inclusion as an appendix in the Lands Legacy
Program document in the first half of calendar year 2007.
FINANCIAL IMPACT: There is no financial impact associated with this authorization, other than
staff time to complete the appendix.
RECOMMENDATION(S): The Manager recommends that the Board authorize ERCD staff to
compile the needed information and draft an appendix to the Lands Legacy Program Document,
to be reviewed by the advisory boards listed above and presented to the BOCC for
consideration in early 2007.
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Modifying Lands Legacy Farmland Preservation Chapter to
Comply with Article 61, Chapter 106 of N.C General Statutes
("Agricultural Development and Preservation of Farmland")
May 31, 2006
Background
Legislation in 2003 and again in 2005 amended sections of the NC General Statutes that
address the preservation of farmland. In particular, NCGS 106-744 (`Purchase of
Agricultural Conservation Easements; Establishment of North Carolina Agricultural
Development and Farmland Preservation Trust Fund') modifies the way matching funds
for grant monies toward this purpose are made available. ~
The provisions provide for different levels of local matching dollars based on the
economic "tier" of the County and whether the County has a "countywide farmland
protection plan." Orange County is a "Tier 5" county, and Tier 5 counties must provide a
30% match if they have no countywide farmland protection plan, but only a 15% match if
they do.
Orange County' Lands Legacy Program predates this legislation, and incorporates many
of the provisions of a "countywide farmland protection plan" already, including some
criteria not required by the statutes.
However, there are some components of the new legislation that may not exist in the
form described:
A Countywide Farmland Protection Plan, as described in NCGS 106-744 (e), is a plan
that satisfies all of the following requirements:
1. A list and. description of existing agricultural activity in the County,
2. A list of existing challenges to continued family farming,
3. A list of opportunities for maintaining or enhancing small, family-owned farms
and the local agricultural economy,
4. Describes how the county plans to maintain a viable agricultural community and
address farmland preservation tools, including
a. Agricultural economic development
b. Farm diversification and marketing assistance
c. Other agricultural technical assistance, such as farm infrastructure
financing, farmland purchasing, linking with younger farmers, and estate
planning;
d. The desirability and feasibility of donating conservation easements, and
~ The Farmland Preservation Trust Fund has been in existence since the 1990's, and the County first
farmland easement (Victor Walters) was funded with this source. However, since 2001, the Trust Fund has
had no funds appropriated. The proposed Land for Tomorrow and other initiatives would provide
significant new funds to this program.
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e. Entering into voluntary agricultural districts; and
5. A schedule for implementing the plan and identification for possible funding
sources for long-term support.
Much of this information already exists for Orange County and is incorporated into the
Lands Legacy Program document, Lands Legacy Action Plans, a variety of documents
and reports on agriculture over the years, or is a part of ongoing work in agricultural
economic development.
However, in order to meet with the spirit of these provisions, some collating and updating
of information is needed, specifically to address items 1-3 above and incorporate the
work toward item 4 and 5 into one document.
On a related note, the legislation from 2005 also includes a potential new category of
Voluntary Agricultural Districts (the non-binding, non-purchase farmland protection
program in existence in Orange County since 1992). As part of this, the N.C. Department
of Agriculture is looking at possible term conservation easements, which expire at the
end of a set period of time. To date, the County and other easement holders have
negotiated and hold perpetual easements.
The Agricultural Preservation Board will soon be taking up these potential new
"Enhanced Voluntary Agricultural Districts" provisions, and developing
.recommendations regarding any suggested changes to the local Voluntary Farmland
Protection Program ordinance. This review is not directly related to the Lands Legacy
Program and its ongoing farmland conservation easements activity, but the results of the
review will be analyzed at a future date.
Recommendation
Staff proposes to create an Appendix to the Lands Legacy Program Policy document
(adopted Apri14, 2000) that coordinates the needed information in a manner that satisfies
the legislation's description of a Countywide Farmland Protection Plan. The appendix
would be reviewed by the Agricultural Preservation Board, the Soil and Water District
Board, and the Economic Development Commission, and then presented to the Board of
Commissioners for inclusion as an appendix in the Lands Legacy Program document, in
the first half of calendar year 2007.