Effective Agricultural Zoning — Promoting protection of farmland and agricultural industry growth
Effective agricultural zoning, also known as agricultural protection zoning, is a land management tool that municipalities can use to encourage the preservation of farmland and discourage development of land uses that are incompatible with agricultural uses. This zoning tool is sustainability because it promotes both the preservation of agricultural land and agriculture as an industry. Such zoning can aid in the continuance of locally grown food and agricultural products and the agrarian economy. Effective agricultural zoning is appropriate in agricultural and rural landscapes, as well as in portions of the natural landscapes that are being farmed.
This technique is most effective when it is used to protect existing agricultural areas that have not experienced significant development pressure and where the local agricultural economy is still healthy. To this end, the protection of agriculture should be a goal in the municipal and/or multi-municipal comprehensive plan (policy), and should be supported by studies (mapping, etc.) that document that the soils in the designated area consist primarily Class I, II, and III prime agricultural soils.
Zoning Considerations
Municipal zoning ordinances require revision to permit a wide variety of farm-related land uses, supplemental farm businesses, and other compatible activities. Consequently, non-farm activities should be significantly limited or permitted only by conditional use or special exception (to ensure proper placement and protect the integrity of adjacent farms). Typical ordinances permit non-agricultural residential development at straight ratios ranging from one lot per 10 to 50 acres of the parent tract. Other municipalities use a sliding scale ratio that allows smaller, less-productive parcels to create more lots than larger, more efficient tracts. There is no "rule" as this ratio must be tailored to fit the needs and preferences of each individual community.
Municipalities should be sure that there are adequate areas for residential development in other portions of the municipality to meet "fair share" responsibilities for a variety of housing types. Definitions and the administration, procedure, and recording of spin-off lots must be carefully written. Providing a clear process that is easily understood and a recording process that results in accurate and accessible records for future use is an important part of effective agricultural zoning.
It is essential that the farming community be involved in the drafting of any related regulations, but the municipality should remember that farmers may not be able to participate during planting and harvesting times, and meetings should be scheduled accordingly.
Benefits of Effective Agricultural Zoning
Effective agricultural zoning can reap the following benefits:
- Protecting agricultural land by minimizing land use conflicts by separating agricultural lands from non-agricultural activities.
- Retaining a critical mass of agricultural land that promotes effective operations and the overall strength of the agricultural community.
- Protecting prime agricultural soils that are most suitable for agriculture and directing other development to non-suitable soils, maintaining continued use of perhaps the most vital ingredient of a healthy agricultural community.
- Increasing the profitability of farming (local foods = lower transportation costs) and stabilizing farmland prices (i.e., discourage speculation based pricing of farmlands).
- Re-directing development into more appropriate areas.
- Discouraging the costly extensions of sewer and water lines and reducing development sprawl.
To Learn More
The Pennsylvania Municipalities Planning Code (MPC) specifically states that Zoning ordinances may permit, regulate, and determine the "Protection and preservation of natural and historic resources and prime agricultural land and activities." Section 603. Ordinance Provisions of the MPC includes other criteria that enable a municipality to protect and preserve agricultural lands and activities. See http://mpc.landuselawinpa.com/MPCode.pdf for more details. However, one should note the courts have not hesitated to strike down ordinances that apply arbitrary standards as well as regulations that do not bear a reasonable relationship to valid municipal goals.
Chester County Municipalities with Agricultural Zoning
| Municipality | Zoning Ordinance Section Reference |
Date Zoning Ordinance Last Updated/Amended |
|---|---|---|
| Elk Township | Article VII: AP Agricultural Preservation District | 5/2006 |
| Highland Township | Section 301: A Agricultural Preservation District | 10/13/2009 |
| Honey Brook Township | Part 4: A Agricultural Districts | 5/13/2009 |
| Londonderry Township | Article IV: AP Agricultural Preservation District | 6/28/2010 |
| Upper Oxford Township | Article IV: R-1 Agriculture-Residential District | 6/8/2010 |
| West Caln Township | Article IV: AP Agricultural Preservation District | 2/27/2006 |
| West Fallowfield Township | Article 300: AG Agricultural District | 1/24/2000 |