Planning |
Agricultural and Farmland Protection
Genesee County Agricultural and Farmland Protection PlanThe Genesee County Agricultural and Farmland Protection Plan was developed under the direction of the Genesee County Agricultural and Farmland Protection Board and through the efforts of the County Departments of Planning and Real Property Tax Services, the Genesee County Soil and Water Conservation District and Cornell Cooperative Extension of Genesee County, with the assistance of Agricultural Development Associates, the American Farmland Trust, and Peter J. Smith and Company. The plan is intended to preserve the agricultural land resource, direct development away from farming areas, and to support the economic contributions of agriculture and related businesses. The project was initiated to maintain and protect agriculture, which is Genesee County's largest industry and predominant land use. The primary objective of the project was to develop a plan that would focus not only on agricultural land preservation techniques but also, and perhaps most importantly, on the long-term economic viability of the agricultural industry in Genesee County. The plan development process was based on the premise that farm profitability is the fundamental element of agricultural protection. Genesee County Agricultural and Farmland Protection Plan (pdf 11.9 MB) Components of the PlanThe major components of the Agricultural and Farmland Protection Plan are the “Farmland Protection Plan” and the “Agricultural Development Plan”.
Farmland Protection PlanThe Farmland Protection Plan sets forth a series of eleven sequential recommendations that lead, ultimately, to the creation of "Enhanced Agricultural Districts" and a County-Wide Purchase of Development Rights Program. This plan includes background information on Agricultural Land Preservation in New York, an analysis of techniques used within the discipline, and case studies of best practices that are relevant to Genesee County's unique situation.
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Agricultural Development PlanThe Agricultural Development Plan consists of a menu of options for agricultural economic development opportunities. Realistically, the County will not be able to implement all aspects of these recommendations, but expects that this list should spark a debate that helps to further classify, refine, and prioritize agricultural development initiatives. The Agricultural Development Plan identifies six key focus areas:
Plan Implementation StrategyThe strategy for the implementation of the Genesee County Agricultural and Farmland Protection Plan is relatively simple. Priorities will be developed by the Agricultural and Farmland Protection Board. Local agencies will then be assigned responsibility and authority for appropriate components of the individual recommendations in order to implement them. To facilitate implementation, the County will integrate various elements of the plan into its Comprehensive Planning process. The Agricultural and Farmland Protection Board will continually monitor the implementation of specific programs and policies and reassess priorities. Implementation of the Genesee County Agricultural and Farmland Protection Plan hinges on public buy-in relative to the recommendations contained in the plan; therefore, an effective public education program is essential.
Agricultural and Farmland Protection BoardMembersDonn Branton, Chairperson, Farmer The County Legislature established the Agricultural and Farmland Protection Board through Genesee County Resolution No. 19 of 1993 in accordance with NYS Agriculture and Markets Law, Section 302. The Agricultural and Farmland Protection Board consists of eleven (11) members and it is tasked with advising the Legislature in matters relating to establishment, modification, continuation, or termination of agricultural districts within Genesee County. The Board also issues recommendations to the Legislature in regards to the Agricultural District Annual Enrollment and Smart Growth Plan revisions. In addition, it responds to Notices of Intent from local municipalities in regards of utility extensions, such as water and sewer line extensions, through Agricultural District lands, and reviews local plans, such as municipal comprehensive plans and agricultural and farmland protection plans.
Agricultural DistrictsNew York State's Agricultural District Law was enacted in 1971 as Article 25-AA of the Agriculture and Markets Law. It is intended to conserve and protect agricultural land as it recognizes that viable agricultural land is one of the State's most important and irreplaceable environmental and economic resources. Under this Law, land can be designated as an agricultural district. The process of creating an Agricultural District is initiated with a proposal by interested landowners to the Genesee County Legislature. The Law requires that steps be taken to determine that the district consists predominantly of viable agricultural land and is consistent with State, County and local comprehensive plans, policies, and objectives. The Agricultural District must be approved by the County Legislature for participation in the State program. Once a District is designated, participating farmers within it can receive relief from nuisance claims and certain forms of local regulation. There are four Agricultural Districts in Genesee County. Enrollment is free and voluntary. Agricultural District Law mandates that Agricultural Districts be periodically reviewed by the County Legislature and recertified by the State. In Genesee County, Agricultural District Reviews occur every eight years from the district’s creation date. This process is undertaken on behalf of the Genesee County Legislature by the County Department of Planning. During review, landowners within the district boundaries may enroll or withdraw property from the district. Only entire parcels may be included or excluded.You may view your current Agricultural District Enrollment Status through the County’s Web Mapping Application NYS Agricultural Districts Law (pdf 133 kb)
NYS Agricultural and Markets Law requires that the County Legislature designate an annual thirty-day time period within which a land owner may submit a request for inclusion of property within a certified agricultural district. This annual time period occurs in Genesee County from January 26th to February 24th and is exclusively designed to incorporate property which is predominantly viable agricultural land – defined by Genesee County as lands that are composed of at least 51% prime farmland soils and/or are contiguous to the main farm operation. During this 30-day period, applications for the inclusion of land are available at the Genesee County Clerk of the Legislature’s Office in the Old Courthouse (7 Main Street, Batavia), the County Office Real Property Tax Services in County Building No. 1 (15 Main Street, Batavia), the Department of Planning in County Building No. 2 (3837 West Main Street Road, Batavia), at the office of the Genesee County Soil and Water Conservation District (29 Liberty Street, Suite 3, Batavia). Applications can also be downloaded or printed from the link below. The application must be completed and signed by the landowner and returned to the Genesee County Department of Planning by 5:00 PM on February 24th. Due to the language of the NYS Agricultural and Markets Law, no applications can be accepted before January 26th. PLEASE NOTE: Requesting enrollment of a property during this thirty-day time period is not a guarantee that your property will be added to an existing Agricultural District and it will not automatically qualify your property for a reduced agricultural property tax assessment. For information on obtaining a reduced agricultural property tax assessment you mustcontact your local assessor. Please remember, Taxable Status Date is March 1st. Genesee County Agricultural District Annual Enrollment Form (pdf 105kb)
Agricultural Districts Consolidation PlanThe Genesee County Department of Planning under the auspices of the Agricultural and Farmland Protection Board created a Consolidation Plan for the Agricultural Districts within Genesee County and calls for the eventual consolidation of the County’s ten Agricultural District to four. The plan was originally adopted by the Legislature through Resolution No. 418 of 2006 and subsequently revised in 2007.. The Plan was developed in order to: 1. Streamline the Agricultural District review process in Genesee County Genesee County Agricultural District Consolidation Plan (pdf 225kb)
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