Farmland Zoning

 

Before you begin farming on your current property, on property you plan to buy or sign an agreement to rent land to farm, it is important that you understand municipal zoning ordinances. This is especially true if you are not completely sure about the kind of farming you plan to do. For example, some properties may permit you to raise chickens or bees but not goats or pigs. Municipal ordinances may also regulate things like fencing or what you can grow on the land. The office of planning and building in the municipality where the property is located will be able to provide you with the information you need on a parcel of land under their jurisdiction. If there is no planning office in the municipality, then zoning would be managed by the county planning office.

 

In Pennsylvania, the authority to zone for agriculture is found in the Municipalities Planning Code of 1968. Local governments divide municipalities into districts to regulate how land is used and developed. Agricultural zoning policies are used to preserve their agricultural base, and to protect “prime agricultural land” by preserving first, second, and third-class soils that are most suitable for agriculture.

 

A property which is zoned for agriculture (designated as A-1) means that agriculture is allowed in that property. Land that is zoned as agricultural limits the construction of buildings that are unrelated to agriculture thus minimizing land use controversies between agricultural producers and non-agricultural land users. Some areas zoned as agricultural also allow forest and wildlife preserves, greenhouses, and single-family dwellings, as well as, houses of worship, cemeteries, schools, kennels, animal hospitals, and trailer camps.

 

Along with agricultural zoning, other protection tools such as agricultural security areas, Clean and Green, and conservation easements protect farmland on a parcel-by-parcel basis. Pennsylvania has several statewide initiatives that protect farmland from municipal and private pressures such as the Agriculture Security Area Law, the Right to Farm Act, and property tax reduction for agricultural lands in the Clean and Green Program.

 

 

Although there are no guarantees and it may take up to 180 days, it is possible to get a property rezoned. To do this, you must go to the township or municipal office and ask for an application to petition for rezoning. You will need to know the existing zoning classification of the property and the category to which you want to change it. Bring a map and parcel number of the property with you. If neighboring property owners have any objections to the rezoning of your parcel of land, they will usually have an opportunity to offer their comments and concerns before the zoning commission makes its decision.

 

 

It is important to understand that having an agricultural zoning designation alone does not automatically qualify the land for farming tax exemptions. Land may be zoned agricultural, but to be designated as a farm by the Internal Revenue Service (IRS), a business qualifies as a farm if it is actively cultivating, operating or managing land for profit, and includes livestock, dairy, poultry, fish, vegetables and fruit. Other farm protection programs may use a different definition for what constitutes a farm. For example, the USDA defines a farm as any place that produced and sold—or normally would have produced and sold—at least $1,000 of agricultural products during a given year

 

 

It is important for farmers to continuously communicate with their local government about zoning ordinances and potential changes affecting personal property. It also helps to communicate with your State Representative to find out if there are any upcoming laws or bills that may adversely affect your ability to farm. By participating in the local government process, farmers can ensure their communities continue to support local agriculture.