You asked for information about farmland preservation programs in Connecticut.

SUMMARY

Several programs exist to preserve state farmland. The state's primary program is the voluntary Farmland Preservation Program, which allows the Department of Agriculture (DOAg) to purchase from farmers development rights to preserve prime and important farmland. As of January 3, 2007, the Farmland Preservation Program had preserved 31,782 acres on 228 farms.

The Department of Environmental Protection (DEP) oversees three additional programs that may be used to preserve farmland, although these programs focus primarily on open space preservation. Additionally, the U. S. Department of Agriculture's (USDA) Farm and Ranch Lands Protection Program helps farmers and ranchers keep their agriculture land by providing matching funds to state, tribal, local governments, and non-governmental organizations that have existing farm and ranch land protection programs to purchase conservation easements.

FARMLAND PRESERVATION PROGRAM

The Farmland Preservation Program is the state's primary farmland preservation tool (CGS §§ 22-26bb and cc). Farmers may apply to the program through DOAg, which evaluates applications according to criteria set in state regulation. Preserving farmland that contains a high percentage of prime farmland soils in established farm communities is the program's primary goal.

The following is a summary from the DOAg website of how the Farmland Preservation Program works.

1. Landowners may voluntarily apply to the program.

2. Notice of application is filed with the town clerk of the town where the farm is located.

3. DOAg evaluates the application according to state regulation criteria (CGS § 8-26gg). If the farm meets minimum scoring criteria, the commissioner may accept the application.

4. The department and landowner negotiate and agree of on the application configuration and easement specifics.

5. An appraiser appraises the farm for the unrestricted market value and the market agricultural value, and the difference between the two indicates the value of development rights.

6. The department reviews the appraisals with the land owner and the commissioner may negotiate anywhere from a gift, to the full value, of the development rights.

7. The department presents the landowner a letter from the commissioner representing the agreed upon price. The attorney general reviews and approves the letter.

8. The department submits a detailed report to the State Properties Review Board for review and approval.

9. The department requests funds to acquire the development rights, including funds for an A-2 survey, title insurance, and title search, from the State Bond Commission.

10. Upon Bond Commission approval, the state obtains an A-2 survey and title search of the property. Upon completion, the conveyance of development rights deed is executed and a check for the development rights acquisition processed. After all the documents are approved by the attorney general, a closing is held and the documents and maps are recorded in the local land records and the deed with the secretary of state.

Program Goals

According to DOAg's website, the objective of the Farmland Preservation Program is to secure a food and fiber producing land resource base, consisting primarily of prime and important farmland soils, for the future of agriculture in Connecticut. DOAg aims to achieve this goal by preserving 130,000 acres of farmland, with 85,000 acres of cropland. The department estimates that such a land base would enable Connecticut to produce at least 50% of its fluid milk needs and 70% of its in-season fresh fruits and vegetables. That is, such an in-state production capability would ensure a reasonable degree of local availability of fresh farm products, additionally helping to ensure related jobs and remain an important part of the state's economy. As of January 2007, 24% of this 130,000-acre goal had been met through the program, according to DOAg's website: http: //www. ct. gov/doag/cwp/view. asp?a=1368&q=259136.

DOAg states that the program's efforts through its negotiations and scoring criteria recognize the benefits of clustering farms in active farm communities. Of the farms preserved, the program has averaged a 65% preservation rate of prime and important farmland soils, as classified by the United States Department of Agriculture, Natural Resources Conservation Service.

Municipal Options

The law also permits the agriculture commissioner to acquire development rights to farmland jointly with a town (CGS § 22-26 cc(e)). The town must have a farmland preservation policy. It must also have a fund for the purchase of development rights (CGS § 7-131q).

More information about municipal farmland preservation efforts is available in OLR report 2007-R-0032, which we have attached.

OTHER STATE PROGRAMS

To preserve farmland, DEP has used all three of its land preservation programs: the Open Space and Watershed Land Acquisition Grant Program, Charter Oak Open Space Grant Program, and Recreation and Natural Heritage Trust Program, according to Tom Morrissey, DEP's Bureau of Outdoor Recreation Chief. These programs are complementary with DOAg's in that a town that has only one remaining farm, which it wants to preserve (thus, not necessarily ideal for DOAg's program), could fit well with DEP's open space preservation goals, Morrissey said.

Open Space and Watershed Land Acquisition Grant Program

Under this program, DEP provides financial assistance to (1) municipalities and nonprofit land conservation organizations to acquire land for open space and (2) water companies to acquire land to be classified as water supply property. The program provides for a permanent conservation easement to assure that the property remain forever predominantly in its natural and open condition for the specific conservation, open space or water supply purposes for which it was acquired.

Municipalities are eligible for grants of up to 50% of the fair market value of land to be conserved as open space and up to 65% of the fair market value of watershed land. Distressed and targeted investment communities are eligible for grants of up to 65% of the fair market value of open space land, and for grants covering up to 50% of the cost of enhancing or restoring natural resources. The program is funded from the General Fund (CGS § 7-131d to 7-131k). Further information is available on the DEP web site at: http: //www. ct. gov/dep/cwp/view. asp?a=2706&q=323834&depNav_GID=1634

Charter Oak Open Space Grant Program

Under CGS § 7-131t, DEP can provide matching grants to nonprofit land conservation organizations and municipalities to acquire land or permanent interests in land (such as development rights). The DEP match is (1) up to 60% of the acquisition costs for land acquired by municipalities with a population density of 1,500 persons per square mile or more and (2) up to 50% of the acquisition costs for other eligible acquisitions. Funding comes from a separate, nonlapsing account within the General Fund.

Recreation and Natural Heritage Trust Program

This program authorizes the DEP to acquire land representing the ecological diversity of the state for recreational, scientific, educational, cultural and esthetic purposes; land of unusual natural interest; and land that is home to endangered and threatened species. DEP may acquire the land on its own or in conjunction with a land trust, town commission, or other party. DEP pays for the land through general obligation bonds authorized for each parcel. A portion of the funds must go into a stewardship account to maintain the land (CGS § 23-73-80). More information is available at DEP's website: http: //www. ct. gov/dep/cwp/view. asp?a=2706&q=323840&depNav_GID=1641

USDA FARM AND RANCHLANDS PROTECTION PROGRAM (FRPP)

Under FRPP, USDA's local NRCS offices partner with state, tribal, or local governments and non-governmental organizations to acquire conservation easements or other interests in land from landowners. USDA provides up to 50% in matching funds of the fair market easement value of the conservation easement (7 USC § 4201 et seq. ).

To qualify, farmland must be (1) part of a pending offer from a state, tribe, or local farmland protection program; (2) privately owned; (3) have a conservation plan for highly erodible land; (4) large enough to sustain agricultural production; and (5) accessible to markets for what the land produces. It must also have adequate infrastructure and agricultural support services and surrounding parcels of land that can support long-term agricultural production. When funds are available, entities must submit proposals to the sate NRCS office during the application window, according to USDA' website.

We spoke to Connecticut's NRCS FRPP manager, Kipen J. Kolesinskas, who said that he expects USDA to announce 2007 FRPP funding within the next few weeks. At that time, his office will release a request for proposals (RFPs). The state, municipalities, and other eligible entities then typically have between 40 and 60 days to send in proposals. His office subsequent to the proposals submittal deadline has about two weeks to rank proposals and finalize agreements with awardees. USDA encourages closings be completed in approximately 18 months from agreement, Kolesinskas said. Since FRPP began, Connecticut has received about $ 16 million from the program he added.

For more information, Kipen J. Kolesinskas can be reached at (860) 871-4047, or visit the Connecticut NRCS website: http: //www. ct. nrcs. usda. gov/programs/fpp/frpp. html.

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