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and bears no relation to the minimum amount of land needed to
<br />support a commercial farming operation. For example, Delaware's
<br />three counties have a half-acre minimum lot size in their agriculture
<br />and general purpose zone. Another problem is that the lack of
<br />coordination among jurisdictions can easily frustrate comprehensive
<br />regional agricultural zoning. Also, even the most carefully prepared
<br />zoning maps and ordinances are subject to variances, zoning
<br />amendments, rezonings, and special exceptions. As a result, zoning
<br />is notorious for its lack of permanence.
<br /> In short, if local officials and the courts support local ordinances,
<br />and if farmland owners perceive agriculture as a reasonable use of their
<br />property, then agricultural zoning can be an effective tool. In places
<br />with little devdopment pressure, farmland protection is not a crucial
<br />issue. But in areas with moderate to intense development pressure,
<br />local officials, courts, and landowners are facing complex options.
<br /> Farming is a business, subject to changing economic times and
<br />technology. It must be profitable for land to be zoned for agricul-
<br />ture. Also, advances in technology ma), mean that less land is
<br />needed for farming in the future. Protecting the land base is but one
<br />piece of the puzzle in the overall maintenance of a viable local or
<br />regional farm economy. But the land base is the one factor over
<br />which local governments have some control.
<br /> Census projections indicate that by 2050, there will be 383
<br />million Americans. Worldwide, there ma), be as many as 9 billion
<br />people. The need for food, shelter, office space, retail space, and
<br />production facilities is clear. The challenge is where to locate these
<br />buildings and how to make them mesh into an efficient and
<br />attractive pattern of land use.
<br />
<br />Innovations in Lancaster County
<br />Lancaster County lies about 60 miles west of Philadelphia and is an
<br />island of green in the Boston-to-Washington corridor. It is the.
<br />leading agricultural county in the Northeast and ranks among the
<br />top 20 nationally with an output of $845 million in farm products
<br />in 1991. Lancaster County is a major producer of milk, poultry,
<br />hogs, and tobacco. Agriculture leads the local economy and
<br />contributes much to the county's $400 million-per-year tourist
<br />industry. Lancaster County is well-known for its Amish and
<br />Mennonite people, many of whom are employed in farming.
<br /> Two-thirds of the county, roughly 400,000 acres, is still in
<br />farm use. But 422,000 people live in the county, with more than
<br />545,000 expected by 2010. Since the early 1980s, it has lost about
<br />3,000 acres of farmland yearly. Perhaps the biggest problem arises
<br />from people buying a few acres in the country for the open views.
<br />They often do not anticipate the noise, dust, and odors.
<br /> Lancaster County's farm[and protection efforts involve both
<br />voluntary programs and local land-use regulations. The first line of
<br />defense is called "effective agricultural zoning." In most townships,
<br />this means that a landowner is allowed one building lot per 25 acres,
<br />with the building lot subject to a maximum size of two acres. This
<br />type of zoning is also known as.fixed-area-ratio zoning. For example,
<br />the owner of 100 acres would be allowed to subdivide up to four 10ts
<br />and a maximum of eight acres, retaining 92 acres for farming.
<br /> Some township ordinances allow a building lot for acreage
<br />above the multiple of 25. For example, ifa landowner has 60
<br />acres, three lots would be allowed rather than two. In others,
<br />only two would be permitted. Two townships permit only one
<br />building lot per 50 acres. Since the average farm size in the
<br />county is 85 acres, this is quite restrictive.
<br />
<br />Tom Daniels is director of the Agricultural Preserve Board in
<br />Lancaster County, Pennsylvania. Opinions in the article are his
<br />own and are not necessarily those of the board or county.
<br />
<br /> Some townships use sliding-scale zoning, in which the number of
<br />lots allowed varies with the size of the farm parcel. There are now
<br />280,000 acres zoned.for effective agriculture in Lancaster Count),,
<br />and it is found in 36 of the county's 41 townships.
<br /> The combination of fixed-area and sliding-scale zoning has
<br />worked well in Lancaster County in balancing some rural
<br />residential development with farmland protection. And it is
<br />probably a more effective form of zoning than the large mini-
<br />
<br /> SLIDING-SCALE AGRICULTURAL ZONING
<br /> Brecknock Township, Lancaster County, Pennsylvania
<br />
<br /> Total Number of Dwelling Units
<br />Size of Tract in Acres or Lots Permitted
<br />At least 1 but less than 6 acres ............................. 1
<br />At least 7 but less Ihan 30 acres ..; ........................ 2
<br />30+ acres .............................................................. 3
<br /> Plus one additional unit or lot
<br /> for each 50 acres to a
<br /> maximum of 10 dwellings
<br />
<br />mum-lot-size zoning employed in Oregon where, for example, a
<br />40-acre minimum is standard in the productive Willamette .
<br />Valley. The Oregon approach means that a landowner with 100
<br />acres could subdivide one 40-acre lot for a "farm-related
<br />dwelling" and retain 60 acres. There is also a provision for
<br />nonfarm-related dwellings that has been much abused. The
<br />Oregon approach has resulted in a large number of"rural
<br />ranchettes" or "hobby farms" within agricultural zones.
<br /> One criticism often leveled at agricultural zoning is that it is easily
<br />changed. In a recent study of agricultural zoning in Lancaster
<br />County, Robert Coughlin of the Universit3, of Pennsylvania found
<br />that nearly four times as much land was placed in agricultural zones
<br />as was removed between 1980 and 1990. Coughlin reported that "a
<br />desire to protect farming and the way of life it implies underlay the
<br />decisions of,most townships to adopt agricultural zoning. That desire
<br />resulted in action when it was combined with strong leadership and
<br />the experience of development that threatened the local farming
<br />economy." (For a copy of the study, "The Adoption and Stability of
<br />Agricultural Zoning in Lancaster County, Pennsylvania," contact the
<br />Department of City and Regional Planning, I27 Meyerson Hall,
<br />Philadelphia, PA 19104-6311, or call (215) 898-8329.)
<br /> In 1992, the Lancaster Count-), Planning Commission removed
<br />rural cluster or "open space" zoning from its growth management
<br />plan. The fear was that rural cluster would encourage the accommo-
<br />dation of new residents in the countryside and thereby increase the
<br />possibility of conflicts between farmers and nonfarmers. The plan
<br />advocates the creation of urban and village grow-th boundaries to
<br />promote more compact development patterns and discourage
<br />sprawl into farming areas. Limited rural residential development-is
<br />allowed as parr of the agricultural zoning ordinances and on five-
<br />acre lots in "resource" areas where there are physical and environ-
<br />mental limitations to farming.
<br />
<br />Zoning and the Right to Farm
<br />Every state has enacted a right-to-farm law to protect farmers from
<br />nuisance suits coficerning standard farming practices. There have
<br />been few direct legal challenges to right-to-farm laws, but nuisance
<br />suits against farmers are fairly common. They are expensive to
<br />farmers and threaten to restrict the operation and profitability of
<br />farms. Some townships in Lancaster County have included a
<br />nuisance disclaimer in their ordinances. Although the disclaimer
<br />will not stop nonfarm neighbors from complaining about nearby
<br />
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