Can
individual ownerships withdraw from a district?
ANSWER:
Farmland may be added or withdrawn at the discretion of the perspective
landowners
upon written notice to the Soil Conservation District.
____________________________ Once a district has been formed does it have to maintain all the
original landowners orland parcels to keep its status as a
district?
ANSWER:
No. The district will only cease to exist if the total designated
acreage drops below 20 acres.
____________________________ Who Designates an Agricultural District?
ANSWER:
The local Soil Conservation Board of Supervisors. Designation
is based upon information contained in an application
or petition submitted by the interested ownership's to the SCD.
____________________________ Do you receive a certificate or some form of official notice of
participation?
ANSWER:
Yes. Each participating landowner will receive certificates
of recognition from the SCD.
____________________________ Who provides the road signs?
ANSWER:
Currently roads signs are left to the landowners discretion and expense.
The state is working on an official road sign
that will be available soon through the SCD office.
____________________________ How will this affect zoning?
ANSWER:
The SCD will notify the respective county commissioner and local or
regional planning or zoning body by sending them a copy of the petition.
But since Smith county currently has no Agricultural zoning,
this will most like not have much affect, but perhaps it will increase
the awareness of agriculture to these officials.
____________________________ Will being in a district affect our right to sell or develop?
ANSWER: No.
All your landowner rights remain unchanged. No changes are made
to the property's land deed.
____________________________ How does an Agricultural District protect farmland?
ANSWER:
The certificate of being in a district really does little to physically
protect your land. But it is the first step. An
organization of landowners in a general region is necessary before
any permanent land protection can be made. One farmer
with 200 acres is less likely to have a voice much less receive available
funds for placing a conservation easement on their property.
But a district made up of several landowners and a thousand acres
sends a message. .
____________________________ Conservation Easements are currently
the only official instrument that can alter the
land deed by placing restrictions on the development potential of
the land. These restrictions
( called development rights) can be transferred to a local non-profit
environmental Land Trust, official government
body, or national land trust or a combination of them all. They
will in turn manage these rights for the life of the
property. This doesn't give the holder the right
to develop, sell or to even enter the property.
But the holder of the these restrictions must uphold
them and will defend them in court if necessary. The value of
the development rights is determined by taking
the full development potential value of the property and subtracting
the true agricultural value. This gives the value
of the easement. These easements can be donated
for tax purposes or sold, which can give the current land owners
the income they need NOW to improve farming operations. In addition
this helps to lower the value of the property
for tax purposes and helps in estate taxes when transferring thefarm
to next generation. And best of all, this easement has created
a statement about its caretakers. A statement that becomes law
of the land and stays with the life of the property, being passed
on from landowner to landowner....forever!