Comparing the NRCS Farm and Ranch Lands Protection Program and the
Connecticut State Farmland Preservation Program
The USDA, Natural Resources Conservation Service’s (NRCS) Farm and Ranch Lands
Protection Program (FRPP) and the State of Connecticut’s Farmland Preservation
Program (FPP) are voluntary programs that help farmers keep their land in
agriculture. The programs relieve the pressure on farmers to sell their land to
developers by allowing them to sell a conservation easement (FRPP) or sell the
right to develop the land (FPP) to the state or other approved entity. The two
programs may be used separately or together. Following is a comparison between
the two:
Comparing the NRCS FRPP Program with the Connecticut FPP Program
| NRCS Farm and Ranch Lands Protection Program |
State of Connecticut Farmland Preservation
Program |
| Open to federally recognized Indian tribes,
states, units of local government, and nongovernmental organizations
(entities) who have a pending offer with a private landowner for the
purpose of acquiring a conservation easement to protect agricultural uses. |
Open to individual landowners and municipalities with
qualifying farmland preservation programs and an application that
qualifies for the program. |
| Interested entities submit proposals when the
Request for Proposals (RFP) is published on grants.gov. Entities have
45-60 days from date of RFP to submit proposals for funding. The RFP is
published annually, usually in spring. |
Interested landowners apply directly to the program
through the State Department of Agriculture. Program funding is authorized
through the State Legislature on an annual basis. |
| Eligible land includes farm and ranch land
that has prime or statewide important farmland soil or that contains
historical or archaeological resources. There is no minimum acreage to
participate in the program. |
Eligible land must meet minimum scoring criteria and be
accepted by the state Commissioner of Agriculture. Successful applicants
must own farms containing a high percentage of prime and important soils
and be located in established farm communities. Applications for less than
30 acres are generally denied. |
| Entities may request up to 50 percent matching
funds based on the appraised Fair Market Value (FMV) of the conservation
easement. Landowner donation and entity funds make up the remaining FMV of
the conservation easement and may include Open Space Funds or PDR funds. |
State Commissioner of Agriculture negotiates Purchase of
Development Rights (PDR) value with landowner based on the difference
between the appraised unrestricted market value and the appraised market
agricultural value. Development Rights may also be offered as bargain
sales or donations. The offer must be approved by the state Properties
Review Board. |
| FMV appraisals are completed prior to
submitting proposals to NRCS. The appraisal must meet Yellow Book
standards and be current (within 1 year) at time of closing. |
FMV appraisals are requested after the commissioner ranks
and accepts the application, and the commissioner and landowner have
negotiated and agreed to the configuration of the application and
specifics of the restrictive deed language. |
| Funds covering easement acquisition are paid
by the entity – not NRCS. |
Funds covering the cost of PDR acquisition – including
appraisal costs, fund for an A-2 survey, title insurance, and title search
– may be paid by the Department of Agriculture. |
| Specific easement language addressing the
conservation plan, liability and indemnification, and a contingent right
clause – all of which name NRCS or the United States – is required. The
USA will be listed as a co-grantee in the deed. |
The deed covenant is approved by the state attorney
general and may be modified to meet federal requirements for the NRCS. |
| An NRCS conservation plan to address Highly
Erodible Lands (HEL) is required prior to closing. The plan is developed
and approved with the landowner, farm operator, NRCS soil conservationist,
and local conservation district. Because the program is subject to the
National Food Security Act Manual provisions, HEL and wetland conservation
provisions also must be adhered to on any other parcel(s) that the
landowner farms. |
An NRCS conservation plan is often required. If federal
funds are applied to an acquisition, federal requirements apply, including
the farm property being managed in accordance with a conservation plan
which utilizes and the standards and specifications of the NRCS field
technical guide. |
| Loss of farmland or topsoil under easement to
impervious surfaces is limited to 2 percent of the total easement acreage.
For easements less than 50 acres, one acre of impervious surface area is
permitted. |
Loss of farmland or topsoil under easement is limited to
no more than 5 percent of the prime farmland acreage within the total
parcel acreage. Consideration is given to acreage and productivity of
arable land for crops. |
| Proposals are funded based on Land Evaluation
and Site Assessment (LESA) ranking and funds available to NRCS. Easement
closing and exchange of funds is expected within 2 years of awarding
grant. |
Applications are funded based on how quickly negotiations
between the landowner and commissioner are completed and approved from the
State Bond Commission can be obtained. The time between application and
closing is typically several years. |
The easement may be transferred to a different
entity with prior approval from NRCS.
|
Development rights may be held jointly with a
municipality, and may provide for a contingent right to the NRCS. No
transfer of the easement is allowed. |
|
For more information about the Farm and Ranch Lands
Protection Program, contact Kipen Kolesinskas at (860) 871-4047 |
For more information about the Connecticut Farmland
Preservation Program, contact Joseph Dippel at (860) 713-2511 |
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