Every year in the United States thousands of acres of farmland and grazing pasture are lost due to urbanization and the growth of existing cities. This is often referred to as “urban sprawl.” The Merriam-Webster’s Dictionary defines urban sprawl as “the spreading of urban developments (as houses or shopping centers) on undeveloped land near a city.” Urban sprawl is a source of concern for farmers and livestock producers, as well as legislators, for several reasons. A primary concern is the increase in tension between farmers and livestock producers and their new urban neighbors. Farming and ranching operations are often seen as a nuisance when near urban areas because of the noise and odor pollution associated with these operations. In addition, stray animals from a livestock operation cause more concern when loose in a residential or commercial area than when loose in rural agricultural land. It is for reasons such as these that all states have enacted “right-to-farm” legislation protecting existing farming, ranching, and livestock production operations.
Right-to-farm legislation varies widely from state to state. Most states have given farmers and livestock producers legal protection from nuisance suits brought against them by individuals who choose to move into the area and then bring nuisance actions against the agricultural operation seeking to stop the operation. Many states have incorporated the common law defense of “coming to the nuisance” into the right-to-farm legislation and have made it an automatic defense to a nuisance suit. Most states recognize that in order to receive this protection a farmer or livestock producer must have been in business at his/her current location for a period longer than a year and must be in compliance with all local, state, and federal regulations governing the business operation. Some states have enacted right-to-farm legislation that creates agricultural districts within the state. In these states, agricultural producers within the defined districts will receive the protection granted by the legislation. In this manner, legislators have been able to recognize a distinction between urban, commercial, and agricultural lands.
Another legal mechanism by which states protect agricultural lands is zoning. Zoning, which can be done at the state and/or local level of government, is a means by which to control the use of a given piece of land. In some states the zoning regulations dictate minimum land parcel size, limit permissible uses, and deter the sale of land for purposes other than agricultural use. These states generally allow uses such as farm labor housing, processing facilities, and marketing facilities so long as they are associated with the agricultural uses set forth in the zoning. Some states’ and municipalities’ zoning laws create mixed areas that remain substantially rural in character but include non-commercial farms and large-lot residential areas.
In addition to the legal mechanisms which physically restrict the use of land such as right-to-farm and zoning laws, various states have also enacted more subtle ways to encourage agricultural growth and prosperity. Nearly every state has passed laws which provide agricultural land with differential tax status or tax incentives. Many states have enacted legislation requiring local tax authorities to assess agricultural land based on the value of its present use rather than the value of its highest or best use. This is important because it prevents agricultural lands from being taxed in the same manner as residential or commercial property even if the property is in the same area. Some states provide agricultural producers with lower tax assessments if they agree to certain conditions such as not to develop their land for a specified period of time. These states are directly using tax incentives to preserve existing farmland and encourage new agricultural operations.
Some municipalities and cities have also begun combating the issue of urban sprawl. Besides the negative effect urbanization can have on agriculture, there is also a negative effect on the municipality or city. The more spread out a city becomes the more extensive and expensive it is to provide services such as water and sewer lines as well as the additional burden on police and fire services. Some cities and municipalities have fought this by creating urban growth boundaries. These boundaries clearly mark the parameter of the city or municipality and require new growth to take place within the boundary. Urban growth boundaries protect both the city and the rural agricultural lands surrounding it.
Next
Module Home
Certification Table of Contents
Browsing Table of Contents