Zoning versus Farmland Protection

The comparison between zoning and farmland protection reproduced below originated on etater.com. A user by the name of "Gettin it straight" asked the question, and my response follows.

Hi Gettin it straight,

Thank you for your question about zoning and farmland protection:

"Do you think there is a difference in zoning and the Farm Protection program, other than one pays the individual landowner?"

Indeed I do think there is a very important distinction between the intent of zoning and the intent of the Farmland Protection Board's (FPB) efforts. But before I get into that, I would like to add to your thoughts regarding the payment to the landowner.

As you noted, a granting of a conservation easement to a landowner via the FPB can result in a payment to the landowner. But some easements are granted on a pure donation basis from the landowner, so receiving money isn't necessarily the motivation on the part of the landowner pursuing an easement. I believe there are tax incentives in all cases (might be mistaken on this), but a cash incentive isn't always the case. Some landowners want to utilize the FPB program for the purpose of preserving their farmland with no profit motive at play.

Okay, on to the difference as I see it.

The fundamental difference is one of private property rights versus governmental oversight of property uses. As you well know, the genesis of my campaign is founded upon the defense of perhaps the ultimate property right: the right to defend your land against eminent domain abuse. Also inherent to property rights, a landowner has the right to consider putting in a natural gas well. And again by these rights, a landowner has the right to enter into an agreement of their own volition that affects the future use or nonuse of their land.

Zoning, on the other hand, is a use or nonuse of your land that is declared by your government, not by you the landowner. Zoning is a consideration of your land that is not originated by you the landowner and quite possibly not supported by you the landowner.

So the distinction is clear and simple: do you call the shots regarding your land, or does your government?

The FPB is a voluntary service made available to those landowners who want to call the shots on the future of their land. Specifically, of course, there are limitations and drawbacks to what the FPB can offer a landowner in terms of protection and utilization. Thus the role of the FPB is to make perfectly clear to you the pros and cons of working with them in granting a conservation easement for your land. I advise anyone interested in the FPB's service to fully engage them and completely understand what you have to gain and what you might be forfeiting.

To summarize, the FPB cannot and will not force you to enter into an agreement. County-wide zoning, however, could and would force an "agreement" of sorts upon you.

Big difference.

Hope this helps. Thanks again for asking. :-)

DF