North Carolinians highly value farmland, with at least 3 out 4 residents support preserving working farms and forests as noted by Land for Tomorrow. There are many opportunities for landowners and the general public to help retain farmland in their communities and across the state. Click the items below to learn more!
General overview of Farmland Preservation Policy and Programs (NC State)
Ag Conservation Easements
An agricultural conservation easement is a voluntary legal agreement that permanently limits non-agricultural development on a piece of land to keep it available for farming. By doing this, the landowner usually gets paid and / or receives tax benefits, while the land stays privately owned and continues to be farmed by current and future generations.
The process permanently removes the "development rights" from your property, meaning you cannot subdivide the land or build residential, commercial, or industrial buildings outside of what is needed for the farm. While easements can be donated, the majority of easements involve some compensation to the landowner since they are giving up the right to fully develop their property. In cases where landowner is compensated, there are usually at least 3 to 4 entities involved: the funding entity (ADFP, USDA, County), the easement holder (county agency or a land trust), a local facilitator such as Soil & Water Conservation professional, and the landowner.
The landowner retains full ownership of the property and can still farm, sell the land, pass it down to heirs, restrict public access, and build permitted farm structures.
The easement is held, managed, and monitored by a local land trust or government agency to ensure the land remains viable for agriculture.
For more information visit NCDA Farmland Preservation, the NC Department of Agriculture division that has help to protect 42,000 acres since 2006.
16 Steps to an Ag Conservation Easement using ADFP Funds
Find your local Soil & Water Conservation office
Easement viewer (Note: This link only shows NCDACS supported easements; Easements supported by county and other entities may not be included)
Satus of State Purchase of Agricultural Conservation Easement Programs (American Farmland Trust)
Ag Growth Zones
The Ag Development and Farmland Preservation Trust Fund offers counties and land trusts to apply for Ag Growth Zone funding. The purpose of the Local Agricultural Growth Zones (AGZ) program is to allow counties and conservation nonprofit organizations to enhance local investments in the acquisition of agricultural conservation easements by applying for matching funds from the state. Different regions in North Carolina have varying agricultural landscapes, land use pressures, and community needs. Local AGZs allow for strategic approaches to farmland preservation at the community level.
Voluntary Ag Districts (VADs)
Since 1986, North Carolina created Article 61 in the state statutes to address Agricultural Development and Preservation of Farmland. This legislation allowed counties to "...promote the growth, development, and sustainability of farming and assist farmers in developing and implementing plans that achieve these goals." . One of those actions was the creation of Vulunatray Ag Districts (VADs) to "...increase identity and pride in the agricultural community and its way of life and to increase protection from nuisance suits and other negative impacts on properly managed farms. Counties may take such action as it deems appropriate to encourage the formation of such districts and to further their purposes and objectives." Enhanced VADs (EVADs)
Depending on the county, the VAD / EVAD program is supported by NC Cooperative Extension Center, the Soil & Water Conservation District, the Planning Departnment, or the Ag Economic Development Office
Learn more about
VAD / EVAD Info (NCSU)
Ag Advisory Boards / Farmland Protection Plans
Article 61 in the state statutes addresses Agricultural Development and Preservation of Farmland and authorises counties to create Ag Advisory Boards to "...promote the growth, development, and sustainability of farming and assist farmers in developing and implementing plans that achieve these goals." Depending on the county, this board is supported by NC Cooperative Extension Center, Soil & Water Conservation District, Planning Departnment, or the Ag Economic Development Office.
One of the main responsibilities of these boards is to develop county Farmland Protection Plans that provide a document that provides county government with information about farming and agriculture and suggestes opportunities for program and policies to support farming and agriculture.
Farm Succession Plan
Farm succession involves a lot more than retaining farmland, but real estate is often a major part of any plan. Many in the farming and ag community can share first hand accounts of unexpected situations that resulted in the loss or need to liquidate farmland to address unforseen health care costs, financial obligations, divorce, partition sale of heirs property parcels, or familial disagreements.
A well thought out farm succession plan can provide peace of mind to the senior farmer or landowner and the comfort of knowing what the future scenarios will be for children and relatives. Considerations of a well developed will, one or more LLCs, prenutptual agreements, tax liability plan, and trust entities may allow a farmer to craft a plan that works for her. Its never too early to beigin planning and remember to review your plan at least once every 5 years.
Farm Transition & Legacy Planning (NC FarmLink)
Planning the Future of Your Farm: Succession and Transfer (NC Farm Law)
Land Access Policies & Incentives
(More info coming soon!)
Land Trusts
Land trusts are generally nonprofit, charitable organizations that offer important options related to farmland.
Conservancies and land trusts can hold the easement when landowners sell the development rights to farm and forest land. In this capacity, staff conduct annual visits to ensure the easement consditions remain uncompromised.
These organizations can also purchase and receive donated, bequeathed farmland. These scenarios could involve subsequent sale to a beginning or diversifying farmer. In other scenarios, the land might be held by the non profit and leased through long term leases to farmers.
Land trusts & farmland in the US
A community land trust (CLT), is a specific type of land trust that often focuses on housing and the issues of equity for community members with limited financity capacity. As such, CLTs could offer innovative options to beginning farmers as noted by recent reports.
Beginning Farmer Policies & Incentives
(More info coming soon!)
Farm Innovation, Diversification, & Expansion Progams
(More info coming soon!)
Farmland Mitigation
(More info coming soon!)
Publicly Owned Farmland
Federal, State, and Local governmental entities have the ability to own land and lease it to farmers and agricultural producers. One of the most significant progams is Boulter County, Colorado that owns 34,311 acres of farmland that is leased to 56 farmers and ranchers through a transparent and open process. That acreage represents ~ 30% of the total farmland in the county.
Resources & examples:
State agricultural land leasing programs (not NC)
Local agricultural land leasing programs (not NC)
Review of state owned agricultural land leasing programs in NE USA