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hrming act?vities, it weakens the ability of nonfarmers to gain standing in filing a nuisance suit. A step beyond the nuisance disclaimer, called a resource easement, has recently been implemented in Fremont County, Idaho. In its agricultural zone, owners of new nonfarm parcels must record an easement restriction that acknowledges that farming practices may conflict with residential activities. The easement runs with the land and must be in place before an), new home construction commences. Farm-Based Business Ordinance Eleven townships in Lancaster Count3, have adopted a farm-based business ordinance as part of their agricultural zoning regulations. Limiting farm-based businesses to areas zoned for agriculture reduces the likelihood of conflicts with residential development. The farm-based business ordinance permits certain on-farm enterprises and agricultural support businesses, which can supple- ment farm income, improve the efficiency of farming, and provide employment for farm family members. Farm-based businesses must remain an accessory use, seconda .fy to the primary agricultural use of an actively farmec~ property, and sbould not interfere with adjacent farming operations, cause nuisances for nearby residences, or generate large amounts oftrafflc. Most townships permit farm-based Businesses by special excep- tion or conditional use. Special exceptions are granted by the local zoning board of adjustment. Conditional uses must be approved by AGRICULTURAL NUISANCE DISCLAIMER OF WARWICK TOWNSHIP, LANCASTER COUNTY, PENNSYLVANIA All lands within the Agricultural Zone are located within an area where land is used for commercial agricultural production. Owners, residents, and other users of this property or neighboring properties may be subjected to inconvenience, discomfort, and the possibility of injury to property and ~ealth arising from normal and accepted agricultural practices and operations, including but not limited to, noise, odors, dust, the operation of machinery of any kind, including aircraft, the storage and disposal of manure, and the application of fertilizers, soil amendments, herbicides, and pesticides. Owners,· occupants, and users of this property or neighboring properties should be prepared to accept such inconveniences, discomfort, and possibility of injury from normal agricultural operations, and are hereby put on official notice that Section 4 of the Pennsylvania Act 133 of 1982, "The Right to Farm Law," may bar them from obtaining a legal judgment against such normal agricultural, operationst. the local governing body and are usually reserved for uses that will have a significant impact on the entire community. The farm-based business ordinance includes limitations on size through a floor-area maximum of 4,000 square feet, a maximum of six full-time nonresi- dent employees, a 100-foot setback from all propert3, lines and location within t00 feet of the farm residence, and a maximum of one acre devoted to the business, including outdoor storage, parking, and any buildings. Also, the t3?es of businesses allowed are often listed. Local officials are warned not to approve subdivisions solely for the creation of farm-related businesses. Earlier this year, the Iowa Senate passed a bill allowing counties to create "agricultural enterprise zones," which would offer property tax breaks and immunity from nuisance suits for agricultural operations such as feedlors. These zones could be formed virtually anywhere on county land at the request of at least 50 petitioners. Opponents cautioned against spot zoning and preferred comprehensive planning to determine appropriate locations for the zones. The Iowa House rejected the senate bill, and a conference committee report favored promoting the creation of agricultural areas under existing Iowa law. These areas provide farmers with some protection against nuisance suits involving standard farming practices. The law that finally passed requires that, ifa court determines that a nuisance lawsuit is frivolous, the plaintiff must pay court costs and reasonable attorney fees incurred by the defendant. It also allows the creation of new agricultural areas of just 300 acres, rather than the current 500 acres. At present, there are 41 agricultural areas in Iowa. The Farmland Protection Package Agricultural zoning is best employed as part of a package of farmland protection techniques. One of the biggest giveaways consists of farm property tax breaks that have not traditionally been linked with agricultural zoning. This connection needs to be made to ensure that real commercial farmers are getting the tax break and th~at farmers who do not want the tax break cannot easily sell out for development. Also, land should be zoned for agriculture in order to be eligible for purchase- or transfer-of-development-rights pro- grams. This wilt keep down the cost of any one purchase, enable more development rights to be acquired, and give some protection to farmers who have sold or donated their development rights. The danger is that a preserved farm can act as a magnet for development around it. This defeats the purpose of farmland preservation. Agricultural zoning helps give some assurance that preserved farms will not be surrounded by nonfarm development. For example, in Lancaster County, more than 15,000 acres of farmland have been preserved, and nearly all of that farmland and adjacent lands are zoned for agriculture as well. In Montgomery Count3,, Maryland, more than 30,000 acres of farmland have been pre- served, mainly through transfer of development rights. The TDR program was made possible largely by the downzoning of 78,000 acres to agriculture at a density of one lot per 25 acres. The Future Agricultural zoning will remain an important ingredient in state and local growth management efforts. For the foreseeable future, most population growth can be expected to occur in or next to metro- politan counties. Many jurisdictions across the U.S. will continue to struggle to formulate growth management responses both to curb rising public service costs at a time of tight budgets and to maintain open space and the elusive "quality of life." The future profitability of farming, however, remains a large ' question mark. If federal budget cuts force major reductions in farm programs, then grain and dairy farming will suffer. If the biotechnol- oD, revolution takes hold and the production of meat, milk, and grains soars, then prices will fall and many farmers could be forced out of business. In short, agricultural zoning makes sense only if agriculture is profitable. Nonetheless, its legal foundations are fairly strong. It is often the political will to "downzone" land to agricultural use or to refrain from rezoning land out of agriculture that is lacking. L.A. Retains Village Aura in Brentwood For decades, Brentwood Village has provided an enclave of small shops and tree-lined streets in the heavily developed Los Angeles Westside. Despite development pressures, action taken this spring by the L.A. City Council wilt ensure that this tiny shopping district will retain those features.