Page Table of Contents
What is the Purchase of Development Rights program?
Benefits to farmers and the community
How is the Land Protected
How Much are Development Rights Worth?
How to Apply / Pre-application Process
What is the Purchase of Development Rights program?
The New York State program provides funding to protect viable farming operations across the State. State funding is used to buy the development rights on farms, while allowing farmers to continue to own, farm, and manage their operation.
By selling the development rights on land, a farmer is forfeiting his or her ability to build commercial, residential and industrial structures on their property. These restrictions are permanent and are passed to all future owners of the land.
There is flexibility built into this program. First, this program allows for the construction of structures that will assist in the farming operation (barns, silos, milking parlors, etc.). These farm buildings can be located in a "farmstead area" (a location where unlimited farm structures can be built), or can be built anywhere on the farm (the amount of structures built on the farm, outside of the 'farmstead area' is restricted). Secondly, this program allows farmers to reserve "excluded lots" from the program. These 'excluded lots can be used for potential future development of residential, commerical, or industrial structures.
With each farm, a balance is found between conservation and the future flexibility of the farm operation.
Benefits
Farmers benefit from this program by receiving some of the equity of their land without having to sell or borrow against the farm. Cash in hand can provide farmers the ability to buy more land or new equipment, both which would increase the viability of their operation. No restrictions are placed on the income recieved.
The community benefits from this program by knowing that the quality soils of these protected farms will forever remain available for agricultural use. Protecting agriculture means protecting our local food production. Additionally, this program protects the open spaces and rural scenic views that define Livingston County.
How is the Land Protected?
Land is protected through a document called a conservation easement.
A conservation easement is a legal document in which a landowner agrees to permanently refrain from certain uses of his or her property in order to preserve the environmental integrity of the land.
A Purchase of Development Rights conservation easement reduces the number of future residential, commercial, and industrial structures allowed on the property in order to ensure the land remains in agricultural production.
How Much are Development Rights Worth?
The value of the development rights on a farm is determined by taking the difference between the full value of the land (what the land would sell for as it is today), and the value of the property after it is encumbured by a conservation easement (what the land is worth as stictly farmland). This difference is the value of the development rights.
Of this difference, the State will pay 75%. The remaining 25% worth of the development rights can be paid through other grant programs, federal or local goverment, or can be forfeited by the farmer. Currently, there is no source to fund the remaining 25% of development rights. Farmers can treat this amount as a donation.
Specific property values will be determined through an appraisal process. Each property has different values based upon its location, quality of soils, and other factors.
How to Apply / Pre-application Process
The Purchase of Development Rights application process is rigorous and there is a high demand for these limited State dolars. Livingston County has developed a pre-application process to screen local farmers so resources can be focused on the one or two farm applications with the most likely chance of being funded by the State.
Any farmer interested in applying for State funding must first complete the Livingston County pre-application which is modeled after the State review criteria.
Prior to submitting a pre-application, farmers must meet eligibility requirements.
1) Property must be in a Livingston County Agricultural District
2) Zoning must allow for residential, commercial, or industrial development (Does not apply to Spingwater or portage)
3) Physical characteristics of the property (slopes, soils, drainage) must permit residential, commercial or industrial development
4) The property must be more than 100 acres in size OR contiguous to a permanetly preserved property
5) The property must have at least 50% USDA Prime Soils (see Liv. Co. Soil & Water Conservation District)
6) The property must have a Soil Conservation and Water Plan, Forest Management Plan, Nutrient Management Plan, CAFO Plan, or other similar plan
7) The property must be in good standing with local tax authorities (i.e. Village, Town, County, School)
8) All owners of the property must attend a madatory pre-application workshop OR meet in person with the Genesee Valley Conservancy
Workshops will be held:
Sunday, November 16: 2:00 - 4:00 pm
Livingston County Government Center
6 Court Street, Geneseo
Monday, November 17: 6:30 - 8:30 pm
Hampton Corners Complex
3360 Gypsy Lane, Mt. Morris
How is Livingston County and GVC involved?
A local municipality must submit applications on behalf of interested farmers. Livingston County has assumed this role for farms within the County.
The Genesee Valley Conservancy, with our experience in working on and managing conservation easements (see below), contracts our services to the County for this program. GVC will work with farmers who want to know more about the program, will help farmers with the County's pre-application process, and will work with the chosen farms on the State application. If selected by the State, GVC will then work with the farmer on completing the transaction.
More information
Livingston County PDR Program site
NYS Ag and Markets Farmland Protection Site
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