Take This Test!
Practical Land
Use Ordinances and Regulations
...have a detailed section on agriculture in the Town
Master Plan? The Master Plan is the big picture view of what land uses
are encouraged, protected, or excluded within a town. Does your town's Master
Plan refer to "maintaining rural character", but overlook agriculture
as the primary component? Agriculture shouldn't be an afterthought!
...allow agricultural uses in more than one zoning
district? Agricultural businesses are not the same as other commercial
development. Some towns confine agricultural businesses to the commercial zone
only, while other towns prohibit such uses in the commercial zone! Farm
enterprises are often hybrids of several different uses; ordinances and
regulations should allow farm businesses flexibility.
...allow simpler design standards for Site Plan Review
regulations on agricultural businesses limited to seasonal use?
Simpler standards for certain aspects of Site Plan Review regulations make
sense for agricultural uses, such as parking requirements for seasonal
retailing or events. When agricultural uses are limited in scope and impact,
they need not be treated as if they were year-round permanent businesses. Does
your town apply the same site design requirements to a seasonal farm stand as
to a grocery store?
...allow flexibility in regulations to accommodate the
unusual needs of agricultural businesses? Both the land use impact and
the off-site impact of a seasonal farm business is much less than that of a
full-time business. Pick-your-own strawberries or Christmas tree farm
businesses can't be viable in a town that treats farms like all other
retailers. Do your town's regulations provide for reduced restrictions such as
expanded hours of business operation, temporary signs, parking near
pick-your-own fields, or on street parking?
...require buffer zones between farmland and
residential uses? The old saying "good fences make good
neighbors" has a modern corollary that says "good buffer zones make
new neighbors good neighbors." New development should not place the burden
on existing farms to give up boundary land as a buffer zone between
agricultural and residential uses. New residential development should provide
for its own buffer zone and/or landscape plantings for screening when
necessary.
...provide for the agricultural use of open space land
created by innovative residential subdivisions? Many towns have
adopted innovative subdivision regulations like cluster housing, which provide
for setting aside open space land within the subdivision. Ideally, such land
should be the most valuable agricultural land, be big enough for commercial
agricultural purposes, and specifically allow long term agricultural use to
provide consistent resource management. Smaller plots of set aside land could
accommodate community gardens. Land set aside for open space can stay
productive agricultural land and at the same time contribute to the ecological
health and scenic quality of the area -- instead of becoming grown over with
brush.
....allow off-site signs to attract and direct farm
stand customers? Farm stands are often seasonal businesses that need
to capture potential sales at harvest time. Signs that give directions to the
farm stand and let customers know what's available (such as strawberries, corn,
apples) are vitally important.
...allow accessory uses to agriculture?
Remember, it's not just the farmland that makes farming possible: businesses
related to agriculture (veterinarians, equipment and supply dealers, custom
farm providers, feed milling and delivery, etc.) have to be close enough to
serve farmers' needs.
Fair Enforcement
of Local Regulations
...have a consistent policy approach for local land
use procedures that deal with agriculture? Planning Boards, Zoning
Boards, and Conservation Commissions have different responsibilities, but a
common regulatory outlook is possible. Update your Master Plan to express the
value agriculture contributes to your town¹s quality of life through open
space, wildlife habitation, watershed purification and natural resource
preservation. Establish a policy presumption that agriculture is of beneficial
use in your town, and fairness will follow.
...have a good idea of how much agriculture there is
in town? Consider having a Town appointed committee formulate an
Agricultural Profile to demonstrate the economic, cultural, and resource
stewardship value of agriculture in your Town. People often carry the
misconception that "there's no agriculture in our town" if they don't
see cows and red barns. Agriculture in New Hampshire stretches from apples and
bees to yaks and zinnias!
...allow roadside stands or pick-your-own operations
by right? Consider amending your Town¹s zoning ordinance so that
certain agricultural operations don't need a Special Exception or Variance.
Write flexibility into ordinances or regulations that may apply to agricultural
land uses so the intent is clearly to promote such use, not to deny because the
rules don¹t fit the unique situations that frequently arise with
agricultural businesses.
...use zoning definitions such as "agricultural
accessory uses"; in a broad and inclusive manner?
"Agricultural accessory uses" refers to everything from machinery
sheds to housing for seasonal workers. Various agricultural businesses have
very different needs that can test the balance of rule and exceptions.
Flexibility written into the ordinances and regulations can prevent many
denials of the sort where "the rules don't fit".
...allow farm stands to sell produce purchased
elsewhere? Many towns have rules that a certain percentage of farm
stand produce be grown on the farm. The unintended consequence of such
regulation is to penalize farm operators who have a crop failure! The rational
basis for allowing a farm stand shouldn't only be how much is grown on the
farm, but what benefit the farm provides to the town from the open space,
wildlife habitation, watershed purification and natural resource preservation
it accomplishes.
...properly assess specialized agricultural
structures? Specialized structures such as silos, milking parlors, and
permanent greenhouses depreciate in value over time. Providing assessors with
depreciation schedules may enable more accurate valuations, which can lead to
lower assessments. If your town frequently overvalues agricultural structures,
this can have a chilling effect on all types of farm investment.
...allow non-traditional or retail-based farm
businesses in an agricultural zoning district? Agricultural businesses
don't all look alike. Trying to decide what constitutes an agricultural
business can involve splitting hairs to make unfamiliar distinctions between
what is "commercial" and what is "agricultural". Ordinances
defining agriculture based on state law may be accurate, yet need local
interpretation. Your town should recognize that newer types of farm businesses
such as horse arenas, landscape nurseries, or greenhouses are more intensive in
land use, but still carry valuable elements of rural character that benefit the
town.
...address agricultural structures in building and
safety codes? Building practices that are state of the art for a
specialized use in agriculture may not fit the specifics of codes meant for
housing or commercial structures. Bringing up to code agricultural buildings
that are historic structures may destroy the very qualities that make them
special.
Understanding
and Encouraging Farming
...consider farmland a natural resource and encourage
conservation easements, discretionary easements, and purchase of
farmland? Easements and outright purchases of farmland ensure
preservation of the natural resource base for agriculture. Once a town has
applied these techniques, the benefits of keeping farmland in private ownership
can be more clearly appreciated. By understanding and allowing for the
peculiarities of agricultural land use, towns can encourage working farms that
contribute to the town¹s well-being at no cost to the taxpayers.
...have any visible demonstration of the value of
agriculture? Does your town have a county fair, an apple festival, or
an Old Home Day parade? Making agriculture visible to the general public helps
establish the economic, cultural, and resource stewardship value of having
active farms in a town.
...respect the state Right to Farm law, which has
specific exemptions for odor and noise? Local control is an important
tradition for New Hampshire towns. The state Right to Farm law provides a
backstop to farmers if local officials overreach their regulatory authority.
Conflicts between agriculture and other land uses can be reduced when town
officials are informed about Best Management Practices (BMP¹s) that may
alleviate nuisance complaints. University of New Hampshire's Cooperative
Extension Service writes BMP's about various agricultural practices based on
sound scientific research.
...encourage farmers to use the Soil Productivity
Index (SPI) calculations to reduce Current Use tax burdens? Using Soil
Productivity Index (SPI) information may reduce the Current Use assessment on
less productive agricultural land. By reducing the tax burden on agricultural
land, towns can encourage the maintenance of open space at a relatively low
cost.
...have farmers serving on local land use Planning and
Zoning Boards, Conservation and Heritage Commissions? There are few
better ways to incorporate agricultural concerns into local land use ordinances
and regulations than having farmers serve. Help your town¹s land use
boards keep a broad perspective by asking "Have you thought of the
consequences...?"
...have farmers serving on the local Economic
Development Committee? Agricultural businesses are frequently
undervalued in terms of their effect on the community. Most of the economic
activity generated by farms stays within the community. Negative impressions
about the strength of New Hampshire agriculture may have a similar impact on
the availability of credit to viable farm operations. Having successful farmers
on Economic Development Committees can change these misperceptions.
...know where to go to get advice and assistance on
farm questions? Make the connection to resources such as the
Department of Agriculture, Markets and Food (industry regulator, statewide
perspective); UNH Cooperative Extension (technical questions, BMP¹s); New
Hampshire Farm Bureau (non-governmental farm lobby, broad experience); Natural
Resource Conservation Service (land and water resource management).
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