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Agricultural Preservation in Cecil County

Agricultural Preservation in Cecil County. Cecil County Office of Planning & Zoning. Cecil County’s Land Preservation Programs. Purpose Qualifications for Preservation Programs that the County administers: Preservation Districts Maryland Agricultural Land Preservation Foundation

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Agricultural Preservation in Cecil County

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  1. Agricultural Preservation in Cecil County Cecil County Office of Planning & Zoning Use The Hyperlinks to Navigate the Presentation Next

  2. Cecil County’s Land Preservation Programs Purpose Qualifications for Preservation Programs that the County administers: Preservation Districts Maryland Agricultural Land Preservation Foundation Purchase of Development Rights Transfer of Development Rights Frequently Asked Questions Contact Us Previous | Next

  3. Purpose • To provide information on the land preservation programs facilitated by Cecil County. • Show the application & ranking process. • A brief overview of other land preservation programs in Cecil County. • Cecil County’s agricultural preservation goals. • Answer Questions Previous | Table of Contents | Next

  4. Qualifications for Preservation

  5. Preservation Districts

  6. About Preservation Districts • First formalized step for intention to preserve land. • Applicant agrees to enter into district for a period of no less than 5 years, and not to develop their property. • Property owner receives a 50% tax credit on the land value of the property. • OPTIONAL PROGRAM • District Properties are given priority for land preservation opportunities. Previous | Section Index | Table of Contents | Next

  7. Preservation Districts Application • Simple two page application • Complete as much of the application as you can, staff will assist you as much as possible. • Applications go through a series of hearings. Previous | Section Index | Table of Contents | Next

  8. MALPFMaryland Agricultural Land Preservation Foundation

  9. About MALPF • MALPF is by far the most popular land preservation program in Cecil County. • Started in 1977, first easements in Cecil County occurred in the early 1980s. • Applications are due to MALPF on July 1st. • Easement application acceptance is based off of funding. • Joint cooperation between the County and State for facilitation and monitoring Previous | Section Index | Table of Contents | Next

  10. MALPF Application • Application Notification is sent out from the Office of Planning & Zoning to all district properties. • If requested, an application is prepared by staff, as much as possible. • Applicants must decide asking price, we cannot advise you on what price to ask. Previous | Section Index | Table of Contents | Next

  11. Application Scoring & Ranking • Once all applications are received by the deadline they are scored on the following factors: • Land Evaluation (i.e. soil productivity) ~ 37% • Farm Quality & Potential of Property ~33% • Preservation Status 20% • Development Pressure & Potential 10% • This scoring method was adopted in February 2005. • Asking price does not factor in to application scoring. • MALPF limits the number applications may be submitted for each cycle. • APAB reviews rankings and selects finalists. Previous | Section Index | Table of Contents | Next

  12. MALPF Calculations • MALPF orders appraisals on the submitted applications. • MALPF staff calculates the Agricultural Value (AV) of each property. • The Fair Market Value (FMV) minus the AV equals the Easement Value. • NEW FOR FY2015 – MALPF offers are capped at 75% of FMV. • MALPF offers the lowest of Asking Price, Easement Value or 75% of FMV. Previous | Section Index | Table of Contents | Next

  13. Offers Two Rounds: • Round One (Details) • Guaranteed for each County and made to the top priorities of each. • Offers must be accepted or declined in 30 days. • Accepted offers move to easement acquisition, declined offers must wait 2 years to reapply. • Declined funds are offered to the next highest priority. • Round Two (Details) • Remaining applicants re-ranked in one statewide list. • Asking price becomes a determining factor. • Same acceptance and denial process as round one. • Round continues till all funds for the easement cycle are used. • Example of how this process works. Previous | Section Index | Table of Contents | Next

  14. MALPF Easement Settlement • The County is not involved with the intimate details of the easement settlement process. • A baseline inspection is completed by County staff and will be used for comparison for inspections in future years. • It is advised that the applicant have an financial professional aid them in determining acceptance of funds for tax implications and other financial planning purposes. Previous | Section Index | Table of Contents | Next

  15. Summary of MALPF • State program that is administered by both County & State staffs. • A new application must be submitted each cycle. • All applications are scored and ranked. • Offers are based on the lowest of asking price, easement value or the 75% cap. • Top ranked county applications are made round 1 offers. • Round 2 offers are based off of best value, but competing with farms across the state. • Once and easement is established it will be subject to inspection Previous | Section Index | Table of Contents | Next

  16. PDRPurchase of Development Rights

  17. About the PDR • PDR is to preserve agricultural lands in Cecil County, and supplement existing federal, state, and local programs. • Funding levels for the PDR program are allocated from the County’s yearly operating budget and could vary year to year. • To date the PDR program has preserved 457+ acres with very limited funding. • PDR funds have been used as a match for other preservation programs in recent years. Previous | Section Index | Table of Contents | Next

  18. PDR Application • District landowners notified around Labor Day of any year. • If requested, County staff will prepare as much of the application possible. • The application is similar to MALPF’s a major difference is that the land owner must select a payment type. • Application deadline is the last business day of each year. • There is some flexibility in selecting finalists in the PDR program. Previous | Section Index | Table of Contents | Next

  19. PDR Settlement • The County Council will make the final decision PDR easement. • After Council approval 2 appraisals will be completed. • Offer’s are made after the appraisals. • After • Settlement is anticipated to be complete in the early summer. Previous | Section Index | Table of Contents | Next

  20. TDRTransfer of Development Rights

  21. About the TDR program • Adopted in 2007, the program allows for a farm in a sending area to transfer their development rights to a receiving area. • Accomplished through the subdivision process, or rights could be sold to a TDR bank administered by County Government. • As an incentive, the TDR program allows for more development rights to be transferred from sending areas than base zoning would allow if the sending area parcel was to be subdivided. Previous | Section Index | Table of Contents | Next

  22. TDR Calculations • Every property is different based off of the locations of the sending and receiving parcels, but in general: Previous | Section Index | Table of Contents | Next

  23. TDR’s through subdivision process • TDR density is proposed by the developer and approved by the developer Planning Commission. • The project moves forward through subdivision process. • Prior to the Director of Planning & Zoning signing the record plat: • The agreement transferring the development rights is executed and recorded in land records; and • A Deed of Easement to ensure the long term protection of the sending parcel must be recorded. Previous | Section Index | Table of Contents | Next

  24. TDR Bank • Initially funded through VLT, or the general fund, the TDR bank is to be a self-perpetuating. • Once development rights are acquired by County, they can be sold to qualifying receiving parcel or retired. • If selling development rights to the TDR bank is a viable option, please send a letter of interest to the Office of Planning & Zoning ASAP. Previous | Section Index | Table of Contents | Next

  25. FAQ

  26. Contact Us • If you would like more information or you are interested in Agriculture Land Preservation Programs in Cecil County, contact us via the below information: • Stephen O’Connor, AICP • Agricultural Lands Preservation Coordinator • Department of Planning and Zoning • Cecil County Government • 200 Chesapeake Blvd, Suite 2300 • Elkton, Maryland 21291 • P: 410-996-5220 • E: soconnor@ccgov.org Previous | Table of Contents

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