Ag Preservation Fund . He stressed the many diverse reasons people want to see land preserved present a host of possibilities .
Jim Clifford , an attorney who is the unofficial dean of land use legal issues in the Ag Reserve , points out that agriculture is the largest employer in the state , and the Ag Reserve is a critical employer . He also notes that the ag work force is more diverse than others , and can accommodate a wide variety of skill and education levels .
Many rural real estate agents , land use attorneys , and landowners who have sold easements on their land believe the critical tipping point has been reached . A large majority of land eligible is already preserved , and the more contiguous land that stays in farming , the more valuable all that land becomes . While there are some doubters who want to hold back on preservation options in hopes ag zoning fails and they can maximize sales value , many people believe the Ag Reserve will survive because people who have committed to it will fight for its survival .
A Deeper Dive on TDRs and BLTs
The funds to support farmland preservation came from both public and private sources . The County and State have 5 programs that rely on public funding , which have all been underfunded for the past decade . The private sector funds come from an ingenious program invented in 1981 and expanded in 2009 .
n Transferable Development Rights ( TDRs ) are just that — development rights that can be transferred ( sold ) among private parties . When the Ag Reserve was created , and new zoning meant that a building lot needed to be at least 25 acres , and every 25-acre parcel was awarded 5 TDRs . The landowner could sell those TDRs individually . If landowners wanted to retain the potential to sell in the future , they could choose to hold back one unsold TDR , and also needed to count one TDR as the building right for their own home . The buyers were commercial developers down county , who could increase the permissible density on their commercial / residential land if they agreed to purchase TDRs . The value of the TDRs was set by supply and demand . During times of commercial building booms , down county developers have shown a greater appetite to buy TDRs .
n Building Lot Termination Program ( BLT ) Sale of TDRs created a new source of income for farmers – which was the goal – but did not eliminate the majority of potential building lots . Many farmers saw they could sell 4 out of 5 TDRs on every parcel of land , retain one TDR , and still have a 25-acre building lot for future potential development . To head off that development , in 2009 the County created the Building Lot Termination program ( BLT ). The BLT program provides a path to strip all development rights off a 25-acre parcel by providing a much larger financial incentive than the TDR program . If that remaining TDR is sold , the 25-acre parcel is no longer buildable .
Hanging in the Balance
As it has been for decades nationwide , the pressure to develop land is relentless . There are always those who want an exception to the zoning for their own purposes . Some people believe that sprawl is inevitable and eventually the zoning will erode and give way . A large majority of Ag Reserve land is already in conservation , however , and landowners who have made that commitment have sacrificed land value to keep their acreage in farming for future generations . They uphold a promise to carry on what they view as an essential contribution to the nation ’ s economy and the region ’ s quality of life .
Fragile ? Threatened ? Whether the Montgomery County Agricultural Reserve remains strong or fragile , safe or threatened depends on consistent funding and a committed County government and its residents . Loss of farmland and open space is irreversible . If we let it gradually slip away , we will never get it back .
Melane Kinney Hoffmann has lived in the Ag Reserve for 30 years . She and her husband Tom have been involved in numerous efforts to preserve rural land and protect the Ag Reserve .
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