P.A. 262 of 2000 created the state Agricultural Preservation Fund whose
purpose is to provide state matching funds for local farmland preservation
programs. In order for a county to be eligible for state funding, counties
must have a comprehensive plan or a regional plan not more than 10 years
old and must have established a local purchase of development rights program
(authorization given under the county zoning act). The purpose of the county
farmland preservation program is to prioritize those applications from farmers
interested in participating and to also receive state funding.
The following scoring system is proposed for use by Kent County to evaluate
and prioritize Purchase of Agricultural Conservation Easements (PACE) or
Purchase of Development Rights (PDR) applications by landowners interested
in voluntarily protecting farmland from development. The objective of this
rating system is to help prioritize farmland parcels which should be preserved
for agricultural use. After all parcels have been scored, the Agricultural
Preservation Board will then review and evaluate the highest scoring parcels
and recommend to the County Board of Commissioners parcels for their approval
to proceed with the purchase of the agricultural conservation easement. This
is a fluid document and can be evaluated and modified over time as the program
develops.\
PRELIMINARY INFORMATION
A. Has the application form been signed by the landowner of the property?
If not, the property will not be considered further. (Purpose: This is a
voluntary program based on the landowner’s desire to participate.)
B. Is at least 51% of nominated property devoted to agricultural use (pasture,
cropland, etc)? If no, the property will not be considered further under
this farmland preservation program as it will not be eligible to receive
state matching funds. Management of a woodlot is not considered an agricultural
use under the state legislation. (Purpose: This is a program to help create
a long-term business environment for agriculture and to insure the resource
base for agricultural production.)
C. Has the local township provided a written recommendation regarding the
landowner’s application to the county? If a township administers its
own zoning and recommends denial of the application, the property will not
be considered further. Approval of specific parcels would take into account
the desire of a township to participate in the county program and consistency
with the local master plan. (Purpose: Allows local input into the process
much like the current state process.)
D. Is the property slated for commercial or industrial use in the County’s
Comprehensive Land Use Plan? Is the property within the 2020 Urban Services
District as designated by the Grand Valley Metro Council? Is the property
within the boundaries of a city or village? If the answer is yes to any of
the questions, the property will not be considered further. (Purpose: The
program is not to restrict planned development and insures that areas planned
for economic development by the community will be available. Additional considerations
taken into account in the scoring system.)
E. Are agriculture activities a permitted use on the parcel under current
zoning? If no, the property will not be considered further. (Purpose: If
the parcel is zoning strictly for residential or non-agricultural uses, then
protection for agricultural purposes would not make sense.)
F. Does the landowner control all rights associated with the property, such
as minerals rights? If no, are the owners of the mineral rights willing to
sign a subordination agreement? If yes, are the mineral rights presently
leased out? (Purpose: It is important that the ownership and use of mineral
rights be subordinate to the agricultural conservation easement. Mineral
extraction is allowed provided that the use of the land for agriculture is
not negatively impacted (e.g. surface mining would not be acceptable).)
TOTAL MAXIMUM POINTS = 118
AGRICULTURAL CHARACTERISTICS (53 points)
1. Agricultural Productivity - Maximum Points: 20
Priority is placed on productive farmland that has the highest capacity
for agricultural production. The parcel may be scored according to the soils
rating OR according to the fruit site rating, whichever yields higher points.
The soils rating is based on a grouping of soil classifications established
by the USDA-NRCS according to the potential yield capabilities for agricultural
use (yield potentials established by USDA). The percentage of agriculturally
productive soils will be calculated by local conservation district staff
utilizing county USDA soil survey maps. This percentage will be multiplied
by the maximum points allowed for each soil grouping and the total from each
grouping will be added for a total score for agricultural productivity.
1(a): SOILS RATING (20 pts)
Soil Classification Groupings (see attached list)
Group 1 Group 2 20 pts
Group 3 Group 4 15 pts
Group 5 Group 6 10 pts
Group 7 Group 8 5 pts
Group 9 Group 10 0 pts
An additional 10 points will be awarded, not to exceed a total of 20 points
for the category, for the percentage of land area that is under irrigation
or where irrigation infrastructure is available (e.g. sandy soils used for
potato production).
An additional 10 points will be awarded, not to exceed a total of 20 points
for the category, for land that is under specialty crop production on muck
soils.
Example: 70% of parcel has Group 2 soils x 20 pts = 14 pts
30% of parcel has Group 3 soils x 15 pts = 4.5 pts
Total points = 18.5 pts
1(b): ORCHARD RATING SYSTEM (20 pts)
(Rating Source: surftex, drainage, slopel and slopeh field of soil survey)
SOIL FACTORS
Texture Maximum Points: 2
Sand and Fine Sand 2 pts
Sandy Loamy Sands* 1.75 pts
Sandy Loam and Fine Sandy Loam 1.75 pts
Loam and Silt Loam 1.5 pts
Organic 0 pts
*(includes gravelly loamy sand, loamy fine sand and loamy sand)
Drainage Maximum Points: 3
Well drained 3 pts
Moderately well drained 2 pts
Somewhat poorly drained 1 pts
Poorly and very poorly drained 0 pts
PHYSIOGRAPHIC FACTORS
Slope Maximum Points: 4
6 to 12% 4 pts
0 to 6% 3 pts
12 to 18% 2.5 pts
Over 18% 1 pts
Climate Maximum Points: 1
West Half of Kent County 1 pts
East Half of Kent County 0 pts
Air Drainage Maximum Points: 10
Uninterrupted air drainage to major air storage basin 10 pts
Minor obstruction to air drainage to major air storage basin 7 pts
Poor drainage of air 1 pts
2. Size of Parcel(s) Maximum Points: 10
Emphasis is placed on larger parcels to help create a more economically
viable unit for agricultural production. The number of points for parcel
size is based on amount of acreage.
120 or More Acres in size 10 pts
75 to 119.9 Acres in size 8 pts
38 to 74.9 Acres in size 6 pts
20 to 37.9 Acres in size 0 pts
less than 20 acres in size Subtract 10 points from total score
(Two parcels under the same ownership may be submitted as one application
provided the parcels are not further apart than ½ mile. Committee
may decide not to deduct points for parcels less than 20 acres in size if
either: 1) the parcel is adjacent to or within a previously protected property
or 2) if the parcel is deemed to provide a substantial amount of income or
contributes significantly to the owner’s household income e.g.
greater than $10,000 in gross farm sales from the property)
Example: Parcel size has 85 acres. Total points = 8 pts
3. Proximity to Existing Livestock Farms Maximum Points: 5
Points are awarded for parcels that are in closer proximity to existing
livestock farms, creating an additional buffer between livestock and residential
neighbors and protecting a land base that can also be used for feed production
or manure disposal. A livestock operation for this purpose means a farm with
more than 100 animal units (EPA definition).
Located less than 0.5 miles of an existing livestock operation 5
pts
Located between 0.5 miles and 1 mile of an existing livestock operation 3
pts
Located further than 1 mile from existing livestock operation 0 pts
Example: Parcel is adjacent to an existing livestock operation.
Total Points = 5 pts.
4. Enrollment in the Farmland and Open Space Preservation Act (P.A.
116) Maximum Points: 6
Emphasis is given to landowners which have already taken this step
to temporarily protect their farmland by enrolling in the state Farmland
and Open Space Preservation Act. If the entire parcel is enrolled,
then the maximum score (6 pts) would apply. If only a percentage of
the parcel is enrolled, than the percentage is multiplied by the maximum
number of points (6) to result in a score.
Enrolled in PA 116 6 pts
Not enrolled in PA 116 0 pts
Example:Two adjacent 50 acre parcels are submitted as part of the
same application by the same landowner. Only one 50 acre parcel is
currently enrolled (50%). Total points = 3 points
5. Soil Conservation Plan Maximum Points: 5
Points are awarded for property that has an approved and implemented
soil conservation plan adopted by the landowner and USDA-NRCS to help
reduce erosion of productive topsoil.
Implemented Soil Conservation Plan 5 pts
No Soil Conservation Plan Adopted 0 pts
NOTE: 10 points will be deducted if the farm operation, in the last
three years, has been found by the Michigan Department of Agriculture
to be in violation (problem has not be resolved within the allotted
time frame) of the Michigan Right to Farm Act or has been found to
be in violation of state environmental statutes.
Example: Landowner has adopted and implemented a USDA-NRCS approved
soil conservation plan. Total Points = 5 pts
6. Amount of Land in the Surrounding Area in Agriculture Use Maximum
7
Parcels located in areas which are still predominantly in agriculture
use will be given a higher priority than those parcels which have already
become a more isolated “island” of agriculture. A one-mile
radius from the center of the parcel (approximately 2,000 acres) will
be used to calculate the percentage of land still in agriculture production
and GIS land use cover or aerial photographs from USDA will be used
in calculating the percentage.
75% or more of the surrounding land area is in agriculture production
7 pts
50% or more but less than 75% of the surrounding area is in agriculture production
5 pts
25% or more but less than 50% of the surrounding area is in agriculture production
2 pts
Less than 25% of the surrounding area is in agriculture production 0 pts
DEVELOPMENT PRESSURE (17 points)
7. Proximity to Existing Public Sanitary Sewer and/or Water Maximum
Points: 10
Additional priority is placed on parcels closer to existing community
services with the exception that parcels adjacent to existing sewer
and/or water lines should receive the lowest priority for preservation
(the public has already made the investment and can be used for higher
density development). Linear distance to existing, usable public sanitary
sewer and/or water service (transmission lines not included) will result
in the following scoring options:
Less Than ½ mile from sewer or water 0 points
½ Mile or more but less than 1 ½ miles 10 points
1 ½ Miles or more but less than 3 miles 8 points
3 Miles or more but less than 5 miles 6 points
5 Miles or more 4 points
Example: Parcel is located 3 miles from existing sewer lines. Total
points = 6 pts.
8. Development Activity in Township Maximum Points: 7
Emphasis is placed on parcels located within townships that have a
greater degree of development activity, placing the farmland under
a greater threat of development. The number of new address permits
during the last three years will be used as a relative indicator of
development activity. The townships will be divided into four groups.
Parcel located in a group of townships with the highest number of
new address permits 4 pts
Parcel located in a group of townships with the second highest number of
new permits 7 pts
Parcel located in a group of townships with the third highest number of new
permits 4 pts
Parcel located in a group of townships with the lowest number of new address
permits 0 pts
Example: Parcel is located within a township that falls into a group
of townships which have the second largest tier of new address permits.
Total points = 7 pts
ADDITIONAL AGRICULTURAL PROTECTION
EFFORTS (25 points)
9. Location to other protected property Maximum Points: 15
Priority is placed on parcels which are adjacent to other previously
protected land to help create a block of preserved farmland, helping
to create a long-term business environment conducive to agriculture
and protecting the public’s investment by minimizing the potential
for the parcel to be surrounded by development. The potential for future
land use conflicts is also minimized when blocks of agricultural land
can be protected or buffered from future development.
A. Parcel is near other private land which has already been permanently
protected from development through a conservation easement or deed
restriction (development rights may have been purchased, transferred
or donated).
Parcel is adjacent to protected land 10 pts
Parcel is not adjacent but within 1/2 mile of protected land 7 pts
Parcel is not adjacent but between ½ and 1 mile 5 pts
Parcel is not within 1 mile of protected land 0 pts
B. More than 50% of the land within 1 mile (4 square miles area)
of the perimeter of the parcel is enrolled in the Farmland and Open
Space Preservation Act OR if the parcel is adjacent to land under
public ownership that is specifically designated for long-term natural
resource use or conservation purposes protected from development.
5 pts total if it not, 0 pts
Example: Parcel is adjacent to a previously protected farmland parcel
= 10 pts
75% of the surrounding land within 1 mile is in P.A. 116 = 5 pts
10. Agricultural District Zoning Designation Maximum Points:
10
Additional points are given to parcels that are within a designated
agricultural district or area, in which the township has taken steps
to help minimize the overall residential density in agricultural areas,
helping to protect the public investment and the farming operation.
An eligible agricultural area is considered where the maximum residential
density of one dwelling per 20 acres AND the zoning also allows the
houses to be built on 3 acre lots or smaller (rather than just requiring
a large minimum lot size for a building site). For example, the maximum
number of houses that could be built on a 80 acre parcel is 4 but the
four houses can be built on 8 acres or less (4 2 acre lots)
to minimize resource fragmentation.
Agricultural District or Area (Restricts and clusters residential
development, 1:20) 10 pts
Non-Agricultural District or Area (greater than 1:20 dwelling density) 0
pts
Example: Parcel is within an area in which the zoning restricts dwelling
units to no more than one per 20 acres and also allows the houses to
be built on less than 2 acre lots). Total Points = 10 pts
OTHER CRITERIA (23 points)
11. Additional Points Based on Matching Funds Maximum Points:
15
Emphasis will be placed on parcels that have additional matching funds
other than county or state sources. The county may establish and require
a minimum local match. Matching funds could be money contributed by
townships, private or non-profit sources or could be an offer by the
landowner to accept an offer less than appraised value (up front commitment
to accept a certain percent discount (e.g. 10%) of the development
rights value). A letter of commitment regarding matching funds must
accompany application. As a result, priority consideration will be
given to parcels which townships have agreed to provide additional
funding, above and beyond a minimum match established by the county,
if any.
25 Percent or more of PDR Value 15 pts
15 to 24 Percent of PDR Value 12 pts
10 to 14 Percent of PDR Value 8 pts
5 to 9 Percent of PDR Value 4 pts
0 to 4 Percent of PDR Value 0 pts
Example: Parcel is located within a township which has agreed to provide
additional funding which will cover 25% of the development rights value
above the minimum match required by the County.
Total points = 15 pts.
12. Unique Environmental or Historical Characteristics Maximum
Points: 5
Additional points will be given to parcels that have very unique physical
(significant scenic vista along major thoroughfares), historical and
archeological (parcels that meet the national historical registry criteria
or are registered as a centennial farm) or environmental (parcels contain
natural water courses or water bodies such as streams, rivers or lake
shoreline) characteristics.
Parcel has unique features 5 pts
Parcel does not have unique features 0 pts
13. Enrolled under public access program Maximum Points: 3
Additional points will be given to parcels that are enrolled in the
Department of Natural Resources public hunter access program. This
is a voluntary program for those landowners interested in providing
access to the public for hunting purposes. The program matches public
hunters with landowners of private land. Points will also be awarded
if the property is part of a broader public access program, such as
a public trail running through the property.
Parcel is enrolled 3 pts
Parcel is not enrolled 0 pts
Example: Parcel is enrolled in the DNR public hunter access program
Total Points = 3 pts.