OCTOBER 2017 FOOD & AGRICULTURE QUARTERLY PAGE 5
Governance for growth
Given the renewed interest in urban farming , there are tools governments can use to aid their prospective urban farmers . First , local governments can make changes to existing municipal codes . Municipal codes can be revised to make it clearer where certain types of urban agriculture can be practiced , under what conditions and the appropriate sizes of such operations . Localities that want to balance urban farming with maintaining the urban nature of the area can place limits on permissible lot sizes , the number of livestock that can be kept and the types of structures that can be built . Of course , permitting urban farming calls for some additional environmental regulation , including irrigation runoff , use of pesticides and provisions for sanitation .
Second , state governments can provide municipal authorities with the ability to lower property taxes on certain properties being used for urban agriculture as a way to incentivize and attract more urban farming in an area . This can be especially beneficial for localities with an abundance of vacant urban lots , usually the case in more historic neighborhoods that sit just outside the urban core of development .
Finally , state and local governments can exercise authority to appropriate and acquire land , usually private or vacant lots , for urban agricultural purposes . For example , in 2009 the Ohio General Assembly amended its Land Reutilization Program to create land bank corporations , permitting local governments to acquire non-productive land via tax foreclosure and implement procedures for reutilization of those lands . Governments wary of directly acquiring land can enter lease agreements with private property owners to reserve land for community gardens .
While most of the successful tools for incentivizing and facilitating urban agriculture are found at the state and local levels , federal tools also exist to support urban farming . These can include grants for private , local and state research projects , subsidies to purchase produce at farmers ’ markets and funding for educational community outreach .
The struggle between the ideals of rural and urban living will no doubt persist , and combining the two in urban farming will continue to challenge both regulators and those wishing to engage in urban farming . A combination of federal , state and local initiatives all can play a role in helping urban agriculture take meaningful roots in more traditionally urban locales , while accommodating the concerns of true urban living .
Emily Taylor is an associate and focuses her practice on environmental litigation . She can be reached at 614.227.1985 or etaylor @ porterwright . com .
© 2017 Porter Wright Morris & Arthur LLP