Planning and Zoning for Modern Agriculture

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Planning and Zoningfor Modern Agriculture

• Eric Damian Kelly, Ball State University
• David Hess, Elkhart County

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Goals

• Planning
• Logical future land-use patterns
• Coordinate land-use and infrastructure
• Provide context for future decisions about
  zoning, infrastructure other public issues

• Zoning
• Implement plan
• Control land-use
• Control intensity of land uses
• Establish rules for setbacks, buffers, yards
• Sub-theme in last three is land-use compatibility

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Issues

• Limited history of comprehensive planning in
  Indiana counties
• One-size-fits-all approach to agriculture in
  local zoning ordinances
• Use of agriculture as a zoning designation for
• Holding zones for future development
• Large-lot residential zones

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Issues (2)

• Misunderstanding of modern agriculture by exurban
  residents
• Scattered exurban subdivisions and lot splits
• Change of small towns from farm towns to suburbs
  and exurbs

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Comprehensive Planning

• Long-range (20 years )
• Covers entire jurisdiction
• Addresses all physical elements

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Comprehensive Planning (2)

• Involves goal setting
• Provides context for complex decisions
• Continuing interactive process

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Comprehensive Plan Elements

• Required
• (1) A statement of objectives for the future
  development of the jurisdiction.
• (2) A statement of policy for the land use
  development of the jurisdiction.
• (3) A statement of policy for the development
  of public ways, public places, public lands,
  public structures, and public utilities.
  (Ind.S.A. 36-7-4-502).

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Comprehensive Planning (3)

• All counties in East Central Indiana have plan
  commissions
• Many plans out of date
• Focus of most plans is on traditional
  development without serious discussion of
  agricultural issues
• Agriculture is often sort of a null area on
  plan, where no development is anticipated

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Agricultural Zoning

• Local zoning ordinances typically have
• One definition of agriculture
• One agricultural zone OR
• Differences among agriculture zones based only on
  lot size for residential subdivisions

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Agricultural Land Use
Varies
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Agricultural Intensity
Varies
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Typical Agricultural Zoning

• Minimum lot sizes in ag zones in selected
  counties

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Use of Agricultural Zoning

• Hendricks County, north of Zionsville
• Ag zone (white) allows .25 acre per residential
  unit with sewer and water or .15 acre per unit
  without

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Misperceptions of Agriculture

• Exurban residents often move to rural
  subdivisions or small towns expecting this

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Misperceptions (2)

• And finding this

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Misperceptions (3)

• This is a misperception as much as a change
• Agriculture has long been an INDUSTRY in both use
  and intensity

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Scattered Exurban Subdivisions

• Creates land-use incompatibility
• Short-term impact on residents
• Long-term impact on farmers, as neighbors protest
  changes and continuation of ag operations

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Scattered Development

• Realtors often oppose controls
• Lot split and subdivision exemptions along
  county roads facilitate this activity

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Community Conversions

• Average Journey to Work for residents of some
  rural communities (Census Bureau)

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Recommendations

• Adopt and implement county comprehensive plans
  with strong agricultural element
• Elkhart County
• Planning effort established basis for new
  agricultural zones (described next)
• Also led to controls on curb cuts on mobility
  corridors and to a county-wide arterial road plan

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• Planning (more)
• Elkhart County (more)
• Started with city-county Land Use Task Force in
  1980
• Take Charge planning process with Purdue in
  1991
• Soil and Water Conservation Work Plan
• Convention tourism strategic plan
• Extension work plan
• A CONTINUING EFFORT

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• Planning (more)
• Elkhart County (more)
• Some recommendations
• Create rural residential zoning district for
  growth areas
• Discourage development in rural areas
• Encourage infill
• Recognize agriculture as a positive land use and
  not a holding zone

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Recommendations

• Adopt multiple agricultural zones
• Elkhart County
• A-3
• No residential subdivision
• Expansion of existing ag enterprises allowed
• Allows livestock
• continued

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• Multiple Ag Zones (continued)
• Elkhart County
• A-4
• No residential subdivision
• Allows confined feeding operations up to 1500
  animal units
• Lot splits require notice of ag activities in
  land records
• A-5
• Similar to A-4 but allows CAFOs

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Recommendations

• 3. Offer farmers a choice between
• Intensive agricultural zone, which allows CAFOs,
  dairies and ag parks, but which PROHIBITS
  residential subidivisions
• Non-intensive agricultural zone which limits uses
  to more traditional agriculture but which allows
  subdivisions and lot splits
• Note that Elkhart County restricted subdivision
  in ALL THREE new ag zones

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Recommendations

• 4. Quit using agriculture as a zoning
  designation for large-lot residential uses and as
  a holding zone
• Will require statewide educational campaign for
  counties
• Department of Agriculture could provide model
  language
• Note Elkhart County creation of rural
  residential district for this purpose

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Recommendations

• Educate public, with particular emphasis on home
  buyers and Realtors, about modern agriculture

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Recommendations

• Consider right-to-farm disclosure requirements
  for land sales in all agriculture zones (after
  making above adjustments)

• Provides NOTICE through real estate records
• Can protect right to farm by limiting liability
• Strongest if done through STATE law but local
  option

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Recommendations

• At state level, develop some reasonable criteria
  for buffers and other controls to deal with
  intensive agriculture in areas that already have
  significant numbers of residents

• Consider requiring best practices for odor
  management and runoff control for new intensive
  agriculture within x,000 feet of established
  community

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Recommendations

• Consider developing zoning model that allows
  public review on limited issues but NOT on
  whether use occurs

• This is common for commercial development through
  site-plan review
• Could involve public hearing

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Closing

• But it all starts with planning
• As Yogi Berra is said to have said
• you got to be careful if you dont know where
  youre going, because you might not get there