
October 11, 2007 |
2007-R-0585 | |
TRAINING FOR MEMBERS OF LAND USE AGENCIES AND LITIGATION RELATED TO AGRICULTURE | ||
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By: Kevin E. McCarthy, Principal Analyst | ||
You asked for a description of the training that is available to members of local land use and wetlands boards regarding agriculture issues. You also wanted to know how many lawsuits have been filed in the past three years by land owners against land use agencies with regard to agricultural activities.
TRAINING
At least two statewide organization conduct regularly scheduled programs on land-use issues. The Center for Land Use Education and Research (CLEAR) at UConn seeks to help members of local land use and wetlands boards and other officials balance growth and natural resource protection. CLEAR is a partnership between UConn's Department of Natural Resources Management and Engineering and the Cooperative Extension System. CLEAR's statewide education program addresses basic planning issues and procedures for Connecticut municipalities. It offers workshops for local officials on various aspects of planning, zoning, economic development and other issues, including farmland preservation. The center's Non-point Education for Municipal Officials program educates local land use decision makers about the impacts of land use on natural resources, particularly water resources. Further information about CLEAR and its education programs is available at http: //clear. uconn. edu/default. htm.
The planning and zoning section of the Connecticut Bar Association (CBA) offers a seminar on land use law once every two years for land use officials, which normally attracts several hundred participants. It also periodically offers educational programs for members of regional planning organizations. Farm-related issues occasionally come up in these sessions according to Charles Andres, chair of the section.
Other organizations periodically conduct training sessions and seminars on land-use topics. The Connecticut chapter of the American Planning Association (CCAPA) periodically holds training sessions on land use issues for planners and planning and zoning commissioners. It has not held any sessions on agriculture issues according to Allan Weiner, chair of the chapter's member services committee, but would be open to addressing these issues.
American Farmland Trust, in collaboration with the Connecticut Conference of Municipalities, is developing a resource guide that identifies policies, bylaws, and strategies that municipalities can use to support agriculture and protect local farmland. This guide is being written with help from representatives from Capitol Region Council of Governments (CRCOG), CLEAR, the Connecticut Farm Bureau, Connecticut Farmland Trust, UConn Cooperative Extension, and CCAPA. The results of this project will be released in late 2007 and will be made available to all Connecticut municipalities. Funding for this project comes from the Hartford Foundation for Public Giving and the state Department of Agriculture's Agriculture Viability Grants (http: //www. ct. gov/doag/cwp/view. asp? a=1368&q=317242) program.
On a regional level, CRCOG staff, with assistance from the American Farmland Trust, the Connecticut Farm Bureau, and Cooperative Extension is working with farmers, planners, zoning enforcement officers and other local officials in 11 participating municipalities to identify farmer's concerns with the local regulatory environment and develop model farm-friendly zoning regulations. Further information about this project is available at http: //www. crcog. org/community_dev/ current_p_agriculture. html.
In spring 2007, the Eastern Connecticut Resource Conservation and Development Area (ECRDA) provided land use training for local officials and staff from towns in the northeast corner of the state. The training focused on farmland and open space preservation. The approximately 40 participants included first selectmen, members of zoning commissions and wetlands agencies, and town staff. The four day session addressed the rights and responsibilities of land use officials and procedures for building consensus. Further information about the session is available at http: //easternrcd-ct. org/lula. htm. The session was supported through a grant from the Department of Agriculture Farm Viability Grants Program. ECRDA is applying for funding to provide sessions in northeastern and northwestern Connecticut in 2008.
LITIGATION
We were unable to determine how many lawsuits have been filed in the past three years by land owners against land use agencies with regard to agricultural activities. Based on calls to his organization, Steve K. Reviczky, the Connecticut Farm Bureau's executive director, believes that such lawsuits have increased in recent years. However, neither the bureau nor any of the following organizations track litigation between landowners and land use agencies regarding agricultural issues: the state Department of Agriculture, the planning and zoning section of the CBA, the Connecticut Association of Municipal Attorneys, the Connecticut Conference of Municipalities, and the CCAPA. The Judicial Branch's civil case database can be searched to identify cases involving land use or wetlands, but it does not identify whether the case specifically involves agricultural issues.
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