Governor Signs Farmland Preservation Appropriation Bills

Governor Corzine on August 6, 2009, signed into law S2712-2715 that provide $91 million for farmland preservation acquisition projects.

Summary
Grants to Counties
    County Planning Incentive Grants 
    Traditional County Easement Purchase
Municipal Planning Incentive Grants
Nonprofit Grants
Agricultural Mediation Program Update and Opportunity for Input

The SADC's agricultural mediation program is intended to help farmers and others resolve agricultural disputes quickly, amicably and in a cost-effective manner. Read an update on the program's activities and a discussion of potential opportunities for expansion. Suggestions for future program activities are welcome and should be sent to David Kimmel at david.kimmel@ag.state.nj.us.  
SADC Interpretation of 6/30/09 Sunset of Alternative Appraisal Valuation Provision

Under the Garden State Preservation Trust Act (GSPT), as amended, when state, local or non-profit agencies “seek to acquire” land for preservation, they must conduct appraisals that utilize the zoning and environmental regulations that are in place currently, as well as those that were in place as of January 1, 2004.  This appraisal approach yields two different values, the higher of which must be used as the basis for negotiating with the landowner.

This dual-appraisal requirement will sunset on June 30, 2009.  The GSPT Act states:                  

“Commencing on the date of enactment…and through June 30, 2009, when the committee, a local government unit, or a qualifying tax exempt nonprofit organization seeks to acquire a development easement on farmland or fee simple title to farmland…using constitutionally dedicated moneys…it shall conduct or cause to be conducted an appraisal or appraisals of value…. "[NJSA 13:8C-38j.(1)].

Therefore, the entity must “seek to acquire” the farm for preservation purposes by June 30, 2009 in order to take advantage of the dual-appraisal provision.  As such, the SADC has taken action to clarify for our funding partners what the term “seeks to acquire” means.    

The attached SADC Interpretation of the Alternate Appraisal Provision Within the Garden State Preservation Trust (GSPT) Act -- which sets forth the conditions that must be met for an application to qualify for the special appraisal provision --  was approved by the SADC at a special meeting on April 2,  2009. In short, for applications that need SADC approval prior to initiating appraisals -- including those under the County and Municipal Planning Incentive Grant Programs and the 2005, 2006 and 2007 rounds of the Nonprofit Program -- those applications must be submitted to the SADC by no later than June 30, 2009. Once the SADC issues approval of the application, appraisals with a valuation date of no later than June 30, 2009, must be submitted to the SADC within 180 days.

In cases where SADC approval is not needed before initiating appraisals -- such as for pre-approved applications under the 2008 or 2009 rounds of the Nonprofit Program or for applications where "green light" approval has already been granted -- all appraisals must be submitted to the SADC by December 31, 2009, with a valuation date of no later than June 30, 2009.  

These deadlines also apply to the State Acquisition Program. Acquisitions under all programs must use Garden State Preservation Trust funds or 2007 bond act funds.

We recognize our funding  partners' great interest in the implications of the June 30, 2009 sunset provision, so this interpretation is being sent electronically and posted on the agency website.  However, please be advised that,  like with any SADC action, the adoption of this interpretation is subject to a 15-day Governor's office review period for the minutes.

If you have any questions regarding this interpretation, please contact Brian Smith. If you have questions regarding a specific application, contact the appropriate program staff person.

DEP Schedules Meetings on Wildlife Management Area Agricultural Leases

The Department of Environmental Protection (DEP) is planning to change its agricultural leasing program for properties within wildlife management areas owned and managed by its Division of Fish and Wildlife. Key changes will include the issuance of longer-term leases rather than year-to-year special use permits. Lease compensation to the State will be based on soil rental rates established by the USDA's Farm Service, and all leases will be subject to a bidding process open to all interested farmers. The DEP intends to implement this new program for the 2010 growing season.

The DEP has scheduled the following three public meetings with farmers to answer questions and provide detailed program requirements. For more information, contact the DEP's Office of Leases at (609) 633-7575.

January 22, 2009, 7 p.m.
Assunpink Wildlife Management Area
Conservation Center
One Eldridge Road, Robbinsville

February 5, 2009, 7 p.m.
Pequest Education Center
605 Pequest Road, Oxford

February 10, 2009, 2 p.m.
2009 State Agricultural Convention
Crowne Plaza Hotel
2349 West Marlton Pike
Cherry Hill
Making Farmland More Available to Farmers

Is farmland availability or affordability a problem in New Jersey? How great an issue is it? What might be some ways to improve opportunities for New Jersey farmers?

The SADC has visited with county boards and farmers to solicit input and ideas. You can also read background information on the issues here and share your thoughts.

Planning Incentive Grant Process

Summary of New Planning Incentive Grant Process