HomeMy WebLinkAbout20002587.tiff "In The Works"
The following list illustrates concepts that the Department of Planning Services has begun to initiate.
1. Update and strengthen current Right to Farm Covenant
A. The proposed language amendment to the current Right to Farm Covenant will be presented to
Planning Commission members at the scheduled July 18, 2000 hearing.
B. The Department of Planning Services will provide a copy of the Right to Farm Advisement al the
time a building permit is issued in the County. The Right to Farm Advisement will be printed on the
back of the Building Permit.
C. Planners will advise applicants that personal Right to Farm Covenants may be tied to the sale of
land, further protecting the farmer from future complaints by new residents. This can be
accomplished as a Condition of Approval or Development Standard.
2. Change policy to reduce regulations for construction of on-farm improvements
Policy changes will be proposed at upcoming Building Trades Advisory Board and Planning
Commission hearings.
3. Intergovernmental Agreements
Encourage every municipality to enter into Intergovernmental Agreements (IGA) with the County.
Currently, Weld County has entered into eight IGAs, as follows: Platteville (Ordinance 187), Firestone,
Frederick and Dacono (Ordinances 195 and 201), Dacono and Erie (Ordinance 202), Keenesburg
(Ordinance 207), Evans (Ordinance 208), Eaton (Ordinance 212), Mead (Ordinance 215), Kersey
(Ordinance 216), and Milliken (pending Ordinance 217). The following suggestions are to be
incorporated into the IGA process. These agreements incorporate Urban Growth Boundaries and
language to protect existing agricultural uses. The agricultural study committee also recommended the
formation of uniform baseline design standards to be applied to development occurring in a
community's UGB. These standards have been "In the Works" for a year. Planning staff is finalizing
the standards and waiting for standards from the Department of Public Works. These standards, if
adopted, can provide a set of universal urban standards to be applied to all development within a
municipality's IGA LIGB.
4. Develop Cluster Development and Density Bonus Program
Currently, amendments to the Subdivision Ordinance and the PUD Ordinance are being reviewed A
Cluster PUD option shall be proposed. This option shall be based on State Statute and the L.arimer
County example.
5. Open Space Plan
The Agricultural Study Committee proposes to incorporate components of the Open Space Plan into
the Comprehensive Plan. This issue will be further investigated at the time of the 2001 Comprehensive
Plan update.
2000-2587
Items Requiring Additional Funding and Staff Allocation
1. Increased Assistance Provided by County Staff to:
A. Identify agencies that assist farmers and agricultural businesses to comply with regulations and
help meet financial obligations. Too often, agencies are in place to police and enforce compliance
without offering assistance. See item 2B below.
B. Remind staff to be courteous and willing to help. Provide opportunities for all county staff to
improve on customer service skills. Department Directors shall see that positive customer service
skills are implemented. Currently, the Department of Planning Services has sent particular staff
who needs extra assistance in improving their customer service skills to specialized training. In
addition, general reminders of the importance of positive communication is provided to all
Department of Planning Services staff. The Department of Planning Services is in the process of
developing benchmarks to guide the department's success. These benchmarks include an
outcome of"We Serve the Citizens of Weld County," for example, and will be incorporated into the
review of services offered to citizens.
C. Provide planners with training opportunities to learn more about agriculture. Such opportunities
may include sponsoring a booth at the Farm Show on an annual basis and sending staff to Farm
Show seminars, encouraging staff to visit various agricultural operations, and visiting the sites of
land-use cases for extended field checks, for example.
D. Assistance provided by an employee of the Cooperative Extension office to help applicant with all
the information for their process - a "Department of What You Need To Know". See item 2B oelow.
2. "Living in Unincorporated Weld County" Booklet
A. The goal of this booklet is to raise awareness of all aspects surrounding agriculture in the
county. County staff from various departments is needed to assist in the development of the
Cooperative Extension Department booklet on the subject of what living in unincorporated Weld
County is all about.
B. A chapter of this booklet should be a listing of"What you need to know and Where you need to
go" to receive assistance for specific projects, including all agencies that assist farmers and
agricultural businesses to comply with regulations and help meet financial obligations. County
staff from various departments is needed to add items to this booklet.
C. This booklet should be distributed to all current county residents, including builders. This
booklet should also be distributed to all new residents at building permit issuance. A funding
source for the mass production and distribution of this booklet, as well as an evaluation
mechanism to measure the effectiveness of this booklet is needed. An opportunity for public
outreach include the Weld County Farm Show.
3. Develop an Environmental/Agricultural Responsibility Statement
A. Provide copies of the Cooperative Extension Service's booklets on Best Management Practices
to the public. A funding source for the mass production and distribution of these booklets, as
well as an evaluation mechanism to measure the effectiveness of these booklets is needed.
B. Inform producers of the correlation between the Right to Farm Advisement and Best
Management Practices. A staff person is needed to be a contact for this citizen interaction An
opportunity for public outreach is the Weld County Farm Show. Planners processing land-use
cases which involve agricultural operations should provide the Right to Farm Advisement and
Best Management Practices information to the client at the time an application is applied for.
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4. Conduct Cost Analysis of Growth Study
A. This study shall focus on several communities and the unincorporated portions of the County. All
communities will be invited to participate in the study. Participating communities and the County
shall provide funding. County staff shall investigate grant opportunities for the study. This study
can be completed by the American Farmland Trust at a budget of $9,300.
B. Use the results of a study to educate the public on the economic benefits of agriculture.
1. The results of this study shall be used by the County and participating municipalities in
determining future development fees.
2. The results of this study shall be used by the County and participating municipalities in
determining the impact of development on unincorporated portions of the County.
5. Procedural Changes for the Department of Planning Services
A. Increased communication with citizens during the land use process. Various options exists tc
accomplish this goal, including additional sign posting, requiring the developer to hold community
meetings, and to notify Surrounding Property Owner during the Sketch Plan phase of a subdivision,
for example. These options will require a change to the administrative procedure for the
Department.
B. Several Agricultural Study Committee members voiced concerns regarding the public input
component of the Planning Commission hearing process. It was the opinion of these members that
often, Planning Commission does not seem to regard public input in their decisions. The opinion
was also expressed that the Planning Commission has already made up their minds prior to the
hearing, and thus, do not listen to the public input. Modifications to make regarding Planning
Commission hearing processes include increased communication between the Planning
Commission members and the public during the public input stage. This way, the public may feel
as though their input was listened to.
6. Reinstate the Weld Land Trust to work with existing Land Trusts and the citizens of Weld
County.
A. The Weld Land Trust shall have a staff person(s) and Board of Directors to immediately:
1. Investigate funding mechanisms to implement Land Trust activities.
A. Land Preservation Sales and Use Tax developed and carried to vote by a citizen-driven
force.
B. Become active in state initiatives for funding sources.
C. Bonding.
D. Grant writing.
2. The initial activities of the Land Trust shall include the completion of a county-wide evaluative
process such as a Land Evaluation and Site Assessment Program (LESA). The outcome of
this program shall be to prioritize conservation efforts. The budget for the completion of a
LESA Program, at the assistance of the American Farmland Trust is $25,750.
A. An outcome of the LESA Program is the development of an Acquisition of development
rights program, either through a Purchase/Transfer of Development Right and/or
Conservation Easement Program, or a Purchase of Agricultural Conservation Easement
(PACE) program.
B. Investigate types of easements: Perpetual and Term.
C. Concentrate these conservation properties to form a "Regional Agricultural Preserve" to
concentrate large preserved agricultural lands in a geographic region.
D. The concept of Agricultural Districts was discussed. It is important to note that this program
requires State Enabling Legislation. Perhaps, a program with a similar outcome, and more
readily enacted is illustrated by the reinstated Weld Land Trust. This program, through
LESA, may provide the same outcome. The American Farmland Trust provided a budgetof
$15,215 to assist in the establishment of an Agricultural District program in Weld County.
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Items Requiring Board of County Commissioner Initiative
The following descriptions illustrate programs that the Agricultural Study Committee found to be of
importance to Weld County. However, the Agricultural Study Committee felt that these programs
would be best implemented by another entity, rather than Weld County Government. Therefore, the
Agricultural Study Committee recommends that the Board of County Commissioners take the lead in
encouraging other agency directors to develop the following programs.
1. Drought Year Water Contingency Program
To develop a program that will keep Weld County water from leaving the county and provide a
mutually-beneficial arrangement between agricultural water owners and municipalities. County
Government may not be the best forum for instituting such a program. However, the County
Commissioners may lend their support to various ditch companies and water conservancy districts to
steer such an effort in Weld County. Equally important for the County Commissioners to support is for
rural water districts to ensure supply and capacity to serve rural water districts. There may also be
statutory changes that would enable the county to set this process up. A possibility exists to present
this to the state through CCI. The Agricultural Study Committee also found equally important the
concept of rural water and irrigation districts working together to accomplish similar goals.
2. Referral Group
A citizen-based agricultural group shall be a referral agency for review of proposals to allow input early
in the planning process. A group, or an agency representing the agricultural interests in the county,
would have to petition the Board of County Commissioners to become a referral agency.
3. Executive Order
The Board of County Commissioners shall encourage state government (Governor Owens) to issue an
executive order that declares the importance of agriculture and farmland to the state's economy,
environment and culture. The purpose of this executive order shall be to build public and institutional
support for farmland protection, funding for land preservation activities and related programs. To the
extent that they call attention to the problem of farmland conversion and facilitate discussion about
solutions, executive orders can serve as a building block of a comprehensive farmland protectior
program.
4. Develop a program of incentives to keep agricultural lands viable and productive.
The County Commissioners shall forward the recommendation on to the Greeley/Weld Economic
Development organization (EDAP). The County Commissioners shall also request to see results and
how these recommendations shall be implemented.
5. Additional items
The following ideas received attention, although the Committee felt that these ideas were beyond
their control. Therefore, the Agricultural Study Committee recommends that the Board of County
Commissioners encourage state policy to be modified in the following areas:
1. Limit flag pole annexations
2. Relief from State income tax
3. Support any efforts the Board of County Commissioners may take in reviewing Amendment '4
4. Review tax policies. Currently, tax is based on production 7 years ago. Encourage State to review
this to reflect more current statistics. Change to county-wide Board of Equalization to set prices.
Use a five year average for tax purposes, to even out the highs and lows of the economy.
5. State/National tax credits for conservation.
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Agricultural Producer Incentive Program
Goal: Develop a program of incentives to keep agricultural lands viable and productive.
Description:
A. Any incentive shall not be developed as a governmental subsidy. The perception of the term "Subsidy' s a
governmental cash payment to the farmer. This has a negative connotation. A subsidy shall not be a
government"Hand-Out," but rather, governmental incentives.
1. Enlist the assistance of organizations such as the Greeley/Weld Economic Development organization
(EDAP).
2. A partnership with local, county and state agencies is encouraged.
3. The County Commissioners should encourage and support the formation of these programs However, it
is preferable if the County Commissioners do not take an active role in these programs.
B. Loan/Grant Program and Economic Incentives for New Farmers and Farm Equipment. Farmers need access
to capital to purchase land and equipment and to invest in the development of new products, services,
production technologies and marketing strategies. Yet commercial banks often are reluctant to lend money
to farmers for agricultural enterprises. Public economic development programs are generally targeted to the
industrial and service sectors and do not consider loans to agricultural businesses. State and local
governments can facilitate agricultural economic development by treating farms as other businesses, making
loan funds, tax incentives and technical assistance available to producers. In Maryland, banks are
participating through Community Reinvestment Act funds.
C. Communities need to develop incentives to keep the farmer in farming.
D. Explore the idea of establishing County AG Enterprise Zones through State Enabling Legislature.
E. Offer incentives for agricultural based industry to locate in Weld County and municipalities.
F. Incentives for alternative crops, marketing, and land uses.
1. Direct Marketing - Growers who market agricultural products directly to consumers usually receive higher
prices than farmers or ranchers who sell wholesale. Counties and towns can encourage the development of
agricultural retail businesses by specifically permitting roadside stands, pick-your-own operations, nurseries
and other agricultural uses in their zoning ordinances and public health codes. Many communities also have
developed and distributed maps showing the location of farm stands, pick-your-own operations and farmers'
markets, and some have posted signs directing drivers to these farm businesses.
2. Community Supported Agriculture (CSA) - CSA farm customers pay for a share of the harvest at the
beginning of the year and receive a weekly supply of produce dependent on the family's pre-determinec
needs. This system takes some of the risk out of farming and shifts the time that growers must spend on
marketing to the beginning of the year. Some organizations can assist CSA producers by building networks
that would allow several CSA operations to work together providing greater selection to their customers
3. Farmers' Markets -A Farmers' Market give growers access to a large base of customers. Most markets
are open-air public spaces where farmers gather to sell home-grown products. Farmers may travel hundreds
of miles to downtown markets in big cities. The markets are good for the city as well as the farmers, as they
attract customers who patronize other downtown businesses.
4. Marketing to Food Retailers and the Restaurant Industry- Much of the retail price for food pays for
marketing and distribution. By selling directly to food retailers, farmers and ranchers can capture more profit.
A growing number of natural and specialty food stores are expressing an interest in selling local farm
products. Several non-profit organizations are working to establish links between growers and chefs.
Encouraging restaurants to use local produce and meats and to promote them on their menus may help build
a retail customer base for both local farms and dining establishments. Contract with restaurants and food
retailers also helps keep farmers informed about trends in the food industry.
5. Diversification - State departments of agriculture, Extension agents and economic development agencies
promote diversification to reduce risk and increase profits. Diversification can mean planting new crops or
shifting to a different mix of crops and livestock, developing new products or services or targeting new
markets.
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6. New Products and Market Strategies - State and local governments and agricultural organizations are
helping growers create and market speciality products such as cheese, wine, preserves and sauces potato
chips and cereals. These products can be sold year-round and can be marketed through the mail and Internet.
Several states are investigating the feasibility of public commercial kitchens that could serve as incubator:for
farm-based food businesses.
7. Agritourism - States and local governments offer workshops for farmers who are interested in developing
recreational businesses. Agricultural tourism is increasingly popular in farming communities near urban areas
Entrepreneurial growers are offering educational and recreational services such as school tours, hay and
sleigh rides, crop mazes, petting zoos, restaurants, ranch vacations and bed-and-breakfast facilities These
services bring in new customers and promote farm products.
8. Grower Cooperatives - Growers who sell wholesale can increase their access to lucrative markets by
forming cooperatives. High-volume retailers such as supermarkets that find it too difficult to buy from
individual producers may welcome the opportunity to purchase locally-grown food from a well-organized
cooperative. Cooperatives may also offer a diverse selection of products to retailers at a competitive price.
(Capper-Volstad Act of the 1920's).
9. Reducing the costs of production - Most agricultural economic development strategies are designed to
help producers increase revenues, but a few help them cut costs. From organic farming, integrated pest
management, seed purchasing cooperatives, agricultural supply cooperatives, and feed and storage changes,
cooperatives offer alternatives that may help cut production costs.
Budget: This category relies upon staff of organizations such as EDAP to administer the programs and an
annual operating budget.
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Agricultural District Creation
Goal: To allow farmers to form special areas where commercial agriculture is encouraged and protected.
Description:
Agricultural district programs allow farmers to form special areas where commercial agriculture is encouraged and
protected. Programs are authorized by state legislatures and implemented at the local level. Enrollment is
voluntary and the program is designed to be flexible. In exchange for enrollment, farmers receive a package of
state-decided benefits. Agricultural district formation should not be confused with agricultural zoning, which
imposes mandatory restrictions on the use of farmland. By providing attractive incentives such as an "Acquisition
of Development Right" programs, agricultural districts laws are intended to promote the retention of large blocks of
farmland. Agricultural districts help stabilize the land base at low public cost.
Agricultural district laws help create a more secure climate for agriculture by preventing local governments from
passing laws that restrict farm practices, and by providing enhanced protection from private nuisance lawsuits.
It is important to note that this program requires State Enabling Legislation. Perhaps, a program with a similar
outcome, and more readily enacted is illustrated on page 3 by the reinstated Weld Land Trust. This program,
through LESA, may provide the same outcome.
The American Farmland Trust provided the following outline for forming an Agricultural District Program:
1. Designate an agricultural district committee. Meet to develop goal and purpose statement for agricultural
district program.
2. Hold community meeting to gather together landowners and other interested citizens to increase awareness of
the purpose of the program and to discuss the goals and objectives. Inform them of pending survey.
3. Develop, conduct, and analyze a survey of agricultural landowners to determine which types of incentives
would be most useful in today's business climate.
4. Develop an oversight board and define program operation, including the following:
a. Complete review of legal issues involved in program development (state and local level) based on survey
results about desired incentives.
b. Define who will manage and review the ag district program. Should members of local government be
involved? Who will provide the funding source?
c. Once identified, these members must develop the following:
1. Criteria for inclusion in agricultural district(minimum parcel size, scale of operation, types of
agricultural operations permitted, evidence of sound agricultural practices, etc.)
2. Procedures for enrollment in the district.
3. Incentives for enrollment and sanctions for withdrawl (complete analysis of landowner survey). Note:
The incentives package prepared for the program may have to be modified depending on the
outcome of the legal research.
4. Geographic structure of the ag district. Should the program be open to all landowners in the county,
or to those in a certain area with relatively contiguous parcels?
d. Look at programs in other states. What elements have made them successful or less successful?
Consider visits to other programs.
5. Develop program structure.
a. Establish the following:
1. How and when evaluation of landowner applications to district is conducted.
2. How and when requests for withdrawl from the district are reviewed.
b. Develop oversight procedures to evaluate landowners' adherence to program criteria regulations.
c. Develop method for evaluating program effectiveness.
d. Once program structure is defined, hold an evaluation of landowner receptiveness to program
management and structure.
6. Mechanisms established for operation.
a. Identify the organizations and agencies involved in providing or facilitating incentives.
b. Develop agreements with these organizations and agencies for incentive provisions and general program
operation.
7. Implement Program.
a. Establish location and time with regular board meeting to review applications and monitor program
b. Publish informational brochure on ag district program
c. Promote program to landowners through workshops, meetings, informational brochure.
Budget: $15,215. Note: This budget does not include the costs for a county employee to administer the program,
nor annual operating costs.
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Comprehensive Planning and Community Involvement
Goal: Municipal and County comprehensive plans and ordinances shall incorporate goals to support agricultural
land protection coupled with innovative mechanisms to achieve this goal.
Description:
A. Develop a mechanism for Cluster Development and Density Bonus Program
1. Current Weld County Comprehensive Plan does not provide a mechanism for this option.
2. Update County Comprehensive Plan, Subdivision Ordinance, and/or Zoning Ordinance to reflect a
mechanism for cluster development, as allowed by State Statute, and referred to in some of the
Intergovernmental Agreements:
a. Definition of"Development" (Evans IGA): Any land use requiring regulatory approval by the elected
governing body of the applicable party in the Urban Growth Area except for an amendment to a plat
or a down-zoning, neither of which creates any additional lots and except for a Recorded Exemption
or Subdivision Exemption. Existing agricultural uses, which are lawful uses, either as uses by right
under the Weld County Zoning Ordinance, as amended, or as legally existing non-conforming uses
which are non-conforming as the result of animal units in excess of the bulk requirements, are also
exempt from the definition of"Development".
b. Definition of"Non-Urban Development" (Eaton IGA): Land uses which typically do not require
services such as central water and sewer systems, road networks, park and recreation services,
storm drainage, and the like, and which are generally considered to be rural in nature, expressly
including land used or capable of being used for agricultural production and including developments
which combine clustered residential uses and agricultural uses in a manner that the agricultural
lands are suitable for farming and ranching operations for the next forty years.
3. The Rural Land Use Center of Larimer County provides a subdivision option to the agricultural land
owner based on State Statute. The budget for the Rural Land Use Center is $190,000 (in its third
year). This budget includes three full time staff members.
B. Encourage every municipality to enter into Intergovernmental Agreements (IGA)with the County
1. Urban Growth Boundaries based on urban service provision and future growth.
2. Develop uniform baseline design standards to be applied to development occurring in a community's
Urban Growth Boundary.
3. Amendment provision.
4. Agricultural protection language entered into IGA.
G. Develop a new process for subdividing agricultural lands.
1. Citizen-based group to form as a referral agency for review of proposals, create a new permanent Weld
County Agricultural Advisory Committee- Provide input on ALL new development proposals in the county
during the planning process with the county and municipalities. This would allow input early on in the
planning process as to how a development may or may not affect surrounding agricultural operations
2. Send out Surrounding Property Owner letters during the Sketch Plan portion of a subdivision, to allow
those in the area as much time to prepare for Planning Commission as the applicants have had.
3. The citizen voice should be listened to as well as heard at hearings - ie. Planning Commission.
4. Investigate the Larimer County Rural Land Use Center.
Budget: This category relies upon staff to administer the program and an annual operating budget.
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Weld County Government Policies
Goal: To develop, enhance or amend current Weld County policies to more accurately reflect the importance of
agriculture to the County economy.
Description:
A. Update and strengthen current Right to Farm Covenant to provide more credible protection to the agricultural
operator from development.
1. Intended to protect farmers and ranchers from nuisance lawsuits.
2. Some statutes protect farms and ranches from lawsuits filed by neighbors who moved into an area after
the agricultural operation had been established.
3. Provide a copy of the Right to Farm Covenant at the time a building permit is issued in the County.
4. Change the terminology of"Covenant"to"Advisement."
5. Personal Right to Farm Covenants may be tied to the sale of land, further protecting the farmer from new
resident complaint. Farmers and ranchers need to be made aware of this personal land covenant option.
6. Possible changes in terminology for the current Right to Farm Covenant- see page 11.
7. Incorporate current legislation in the Weld County Right to Farm Advisement.
B. Reduce regulations for construction of on-farm improvements.
1. These modifications and reductions will not pose a threat to the health, welfare and safety of citizens of
Weld County.
2. Building permit process can cost as much as the new buildings. Improving an operation through on-site
improvements is often cost-prohibitive due to Building Permit fees. (ie. private greenhouses to grow
seeds rather than buy them after middlemen handle them).
3. Streamline the process and make it user friendly!
4. USR process is too complicated to do without a consultant, unless you have a lot of free time.
5. Need friendlier faces in the Planning Department with more sensitivity to the customer's problems.
C. Develop stronger county policies that protect the agricultural operation from encroaching town growth. See
the IGA Section on page 5.
D. Review the Weld County Open Space Plan for potential to adopt as an Ordinance, or incorporate into existing
Ordinances.
E. Develop an Environmental/Agricultural Responsibility Statement
1. Executive Order- Governor/County Officials shall issue executive orders that document the importance of
agriculture and farmland to the state's economy, environment and culture. Some executive orders direct
agencies to withhold funding from projects that would result in farmland conversion. Executive orders
have the potential to build public and institutional support for other farmland protection programs. By
restricting the use of state funds for projects that would result in the loss of agricultural land, executive
orders also can influence the actions of local governments. To the extent that they call attention to the
problem of farmland conversion and facilitate discussion about solutions, executive orders can serve as a
building block of a comprehensive farmland protection program.
2. Develop and provide an agricultural-produced/directed/guided "Best Management Practice" guideline to
set a minimum baseline of operation standards to protect from Nuisance suits when the ag producer
operated under the Guidelines. Cooperative Extension Service has produced examples of these
guidelines.
3. Develop a booklet, or distribute Cooperative Extension's booklet on what living in unincorporated
Weld County is like to help raise awareness of agriculture in the county. This booklet should be
distributed to all county residents along with the Right to Farm Advisement at building permit issuance.
F. Identify agencies that assist farmers and agricultural businesses to comply with regulations and help meet
financial obligations. Too often, agencies are in place to police and enforce compliance without offering
assistance.
1. Have staff with a "friendly" attitude and willingness to help.
2. Ag-Specialized Planners with training opportunities to learn more about agriculture.
3. Someone in Cooperative Extension office to help applicant with all the information for their process - a
"Department of What You Need To Know".
Budget: This category relies upon staff to develop and administer the program along with an annual operating/
printing budget.
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Land Trust Development
Goal: To assist individual land owners meet their conservation goals through various mechanisms
Description:
A. Reinstate the Weld Land Trust.
1. Verify with the County Attorney on the time frame for accepting Conservation Easements. Existing land
trusts may be able to hold easements for the Weld Land Trust until the time frame allows the easement
hold to be with the Weld Land Trust.
2. Seek the assistance of existing Land Trust organizations to help in the formation of a Weld County ...and
Trust.
3. Seek the assistance of existing Land Trust organizations to work with individual Weld County property
owners.
4. Investigate funding mechanisms to implement Land Trust activities.
a. Try to get more state money spent on agriculture preservation, such as ensuring that extra Lottery
monies are transferred to GOCO through a change to the state constitution.
b. Bonding used in the development of the Land Trust
c. Land Preservation Sales and Use Tax developed and carried to vote by a citizen-driven force. A
citizen board shall oversee where the money is spent (property identification program such as L ESA).
5. Various Land Trust Operation Budgets
a. Larimer County
1. 1998/99: $54,028.10
2. 1999/2000: $87,554.00
3. Rural Land Use Center 1999: $190,000.00 (3m year operational budget).
b. Colorado Coalition of Land Trusts
1. Volunteer-Administration Land Trust: $20,000 - 30,000 per year.
2. Director Salary in Colorado: $27 -65,000 per year.
3. Membership in the Colorado Coalition of Land Trusts: $100/year.
c. Boulder County
1. 1999: $7 million ($3.5 million acquisition), with bond funding of$34 million.
2. Started in 1975 with a Director and a Planner as a separate County Department.
B. Complete a county-wide evaluative process such as a Land Evaluation and Site Assessment Program (LESA)
to prioritize conservation efforts.
1. The following outline was provided by the American Farmland Trust and at a budget of$25,750
A. Hold a community meeting to raise awareness and interest in LESA and recruit individuals to sit on
the County LESA Committee.
B. Conduct an introductory LESA workshop in Weld County for county officials, planners, agricultural
representatives, Cooperative Extension, Soil Conservation District representatives, and others.
C. Develop a LESA system that will:
1. Specify factors to measure soil quality for the Land Evaluation component.
2. Sepcify factors to define the Site Assessment component(non-soil conditions).
3. Develop a rating scale for each factor.
4. Assign weights to each factor.
5. Prepare score thresholds for decision making.
6. Establish a data analysis system for tabulating LESA scores.
D. Field test the proposed LESA system on diverse agricultural parcels across the county; evaluate the
field test results and adjust factor development, scaling,weighting and/or established thresholds
accordingly.
E. Document all factors, and the scaling, weighting and scoring system in a publicly-available county-
level LESA manual.
2. Investigate with the County Attorney if the records of the conservation-targeted properties can be kept
closed during the negotiation process so that the negotiation of private contracts is kept confidential.
C. Develop a program for the acquisition of development rights, either through a Purchase/Transfer of
Development Right and/or Conservation Easement Program, or a Purchase of Agricultural Conservation
Easement(PACE) program. Such programs are established to compensate property owners for restricting
the future use of their land. Selling an easement/development right allows farmers and ranchers to cash in a
percentage of the equity in their land, thus creating a financially competitive alternative to development.
Conservation easements limit land to specific uses and thus protect it from development. These voluntary
legal agreements are created between private landowners and qualified land trusts, conservation
organizations or government agencies. The land owner retains the right to use their land for farming,
ranching and other purposes that do not interfere with or reduce agricultural viability. The land owner holds
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the title to their properties, and may restrict public access, sell, give, or transfer their property, as they desire.
Producers also remain eligible for any state or federal farm program for which they qualified before entering
into the conservation agreement.
1. Conservation, Sending and Receiving areas shall be pre-determined through a program similar to LESA.
2. Ensure that the land designated as sending and receiving areas in a transfer program are of the same
marketability. (ie. Transfer development rights from Grover area to Erie area is not a fair marker
exchange, but a method of equalizing units from different areas may be possible.)
3. A dispute resolution procedure for the TDR/PDR and Conservation Easement Program shall be provided.
4. Once the sending and receiving districts have been identified, the community allocated "Development
Rights"to property owners within the sending district. The number of property rights distributed to each
land owner should reflect either the number of house lots they could build on their property, or, in some
other fashion, the relative value of their property as compared with all other properties in the sending
district.
5. Sending district property owners should retain the option of developing their property under the prevailing
zoning district regulations. This option prevents the program from resulting in a taking of private property
rights. However, these land owners also would have the option of selling their development rights to
property owners in the receiving district, as long as they agree to establish a conservation easement on
their property, forever preventing any future development.
6. Investigate the ability to sell Bonds as an additional revenue option to finance purchase of conservation
easements or the acquisition of development rights. This would accelerate the ability to purchase as well
as buy in today's dollars, rather than at future values.
7. Develop a sliding scale of value for easements running in time from 20, 25, 30, 40, years and perpetual. If
the landowner is compensated for the development right, that landowner may not see a break from the
IRS unless the easement is in perpetuity. However, the landowner will gain estate tax benefits due to the
de-valuation of the land.
8. Develop a means for an easement grantee to purchase the easement back. (ex: If a property owner
becomes engulfed by development, they can purchase the easement back to develop land). Grantee can
purchase a Conservation Easement back when it is no longer viable for the property to remain zoned as
agricultural land.
9. Concentrate these conservation properties to form a "Regional Agricultural Preserve." This concept is
related to a"Regional Preserve" concept of the Weld County Open Space Plan. A"Regional Preserve" is
the largest open space unit (100 acres or more) and are intended to protect resources of regional
significance. Should this concept be explored for the Regional Agricultural Preserve concept. public
access shall not be permitted.
10. Program Administration Options (Provided by the American Farmland Trust)
A. County Government
1. Administered by a program coordinator with background in land use planning/agriculture. Given
the size of Weld County, two people may be needed. This person is responsible for the outreach
and education aspect, process applications from landowners, develop contracts for specific
transactions as required (surveys, appraisals, etc.)
2. The program uses existing administrative and technical support resources within the local
governmental structure (clerical, legal, survey, assessors, etc.)
3. The program is coordinated with the department of planning/economic development.
4. Decisions are generally made by a politically-appointed board or committee composed of public
officials and representatives of the agricultural community.
5. A strong tie to Zoning is required due to the transfer and purchase of development rights.
B. Private, Non-Proft
1. Grants from government to non-profit are required for funding.
2. The non--profit must maintain the administrative structure required to operate the program.
3. Each property must be approved by the appropriate government entity.
4. Easements are usually co-held by the non-profit and the local government.
C. Contemporaries
1. Larimer County: Steve Ryder (970)498-7683
2. Routt County
Budget: LESA: $25,750.00
Land Trust: $20,000 (Volunteer Program) - Multi-million (Boulder County, 25-year program)
PACE/TDR/I:'DR: Unknown
Membership in the Colorado Coalition of Land Trusts: $100.00/year
Note: Budget does not include costs for a county employee to administer the program, nor annual operating costs.
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Drought Year Water Contingency Program
Goal: To develop a program that will keep Weld County water from leaving the county and provide a mutually-
beneficial arrangement between agricultural water owners and municipalities.
Description:
The farmer voluntarily leases water for a counted number of years to a municipality. During drought years, the
farmer is paid for the crops he doesn't produce in order for the cities to have water during droughts. The farmer is
compensated for the lease option and the use of water every year, whether or not a drought exists. The annual
lease agreements are between the farmer and the municipality.
The opposite program exists in Colorado today. Municipalities are purchasing water and leasing the water back to
the farmers for agricultural use. County Government may not be the best forum for instituting such a program.
However, the County Commissioners may lend their support to various ditch companies and water conservancy
districts to steer such an effort in Weld County. Equally important for the County Commissioners to support is for
rural water districts to ensure supply and capacity to serve rural water districts. There may also be statutory
changes that would enable the county to set this process up. A possibility exists to present this to the state
through CCI. The Agricultural Study Committee also found equally important the concept of rural water anc
irrigation districts working together to accomplish similar goals.
Budget: This program is based on individual irrigators, irrigation districts, etc. A budget is not available for this
program.
Educational Campaign
Goal: An opportunity to provide the public with information pertaining to the benefits that the agricultural industry
and the individual agricultural operator have on the community, county, and state.
Description:
1. Provide a mechanism/staff person devoted to agriculture in Weld County.
A. Educate new residents, developers, towns on the importance of agriculture (i.e., how much carbon is
absorbed by the earth, how to measure environmental, aesthetics of agricultural land?) Develop
something to give new rural residents at the time of building permit about the rural Weld County life, i.e.
"Code of the West"or a stronger"Right to Farm Advisement" hand out at Building Permit issuance. Use
the results of a study to educate citizenry.
B. Complete a Cost Analysis of Growth Study and publicize the results. Use the results of a study to educate
the public on the economic benefits of agriculture to urban culture (ie. the story of how milk gets to the
store). The following information was provided by the American Farmland Trust and represents a budget
of$9,300 for a county-level and selected municipality review.
1. Define land use categories in the study area.
2. Collect city revenue and expenditure data for budget year under consideration
3. Allocate revenues and expenditures by land use category.
4. Calculate ratios of revenues to expenditures, for each land use category.
5. Develop a report which analyzes cit budget revenue and expenditure data by land use category and
illustrate the current demand for services.
6. Develop a summary publication for public distribution.
C. Develop or borrow the Cooperative Extension's booklet on what living in unincorporated Weld County is
like to help raise awareness of agriculture in the county. This booklet should be distributed to all county
residents along with the Right to Farm Covenant at building permit issuance.
D. The agricultural community must continue to educate and offer educational opportunities for people who
are interested. Encourage Planners, Board Members, etc. to refer people to the Cooperative Extension
office for agricultural businesses willing to do tours and offer information.
Budget: Cost Analysis of Growth Study: $9,300
Note: This budget does not include the costs for a county employee to administer the program, nor annual
operating costs.
Miscellaneous Recommendations
The following ideas received attention, although the Committee felt that these ideas were beyond their control:
1. Limit flag pole annexations
2. Relief from State income tax
3. Support any efforts the Board of County Commissioners may take in reviewing Amendment 14
4. Review tax policies.
A. Currently, tax is based on production 7 years ago. Encourage State to review this to reflect mere current
statistics. Change to county-wide Board of Equalization to set prices. Use a five year average for tax
purposes, to even out the highs and lows of the economy.
5. State/National tax credits for conservation
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Italicized text indicate additions. Strick-out text are deletions.
RIGHT TO FARM COVENANT ADVISEMENT
Weld County is one of the most productive agricultural counties in the United States, ranking fifth in
total market value ofagricultural products sold. The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks,including conflicts with longstanding agricultural practices and a lower level of services
than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to
rural area: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere
and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld
County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will
generate off-site impacts,including noise from tractors and equipment;slow-movingfarm vehicles on rural
roads; dust from animal pens, field work, harvest, and gravel roads; odor from animal confinement, silage,
and manure; smoke from ditch burning; flies and mosquitoes; the use of pesticides and fertilizers in the
fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way
of residential development without threatening the efficient delivery of irrigation to fields which i s essential
to farm production.
Weld County covers a land area of over 4,000 square miles in size(twice the State of Delaware)with
more than 3,700 miles of state and county roads outside of municipalities. The sheer magnitude of the area
to be served stretches available resources. Law enforcement is based on responses to complaints more than
on patrols of the county and the distances which must be traveled may delay all emergency responses,
including law enforcement,ambulance,and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads,no matter how often they are
bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm.
Snow removal for roads within subdivisions are of the lowest priority for public works or maybe the private
responsibility of the homeowners. Services in rural areas, in many cases,will not be equivalent to cipal
services. Rural dwellers must, by necessity, be more self sufficient that urban dwellers.
Children are exposed to different hazards in the county than in an urban or suburban setting. Farm
equipment and oil field equipment,ponds and irrigation ditches,electrical power for pumps and center pivot
operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real
threats to children. Controlling children's activities is important, not only for their safety,but also for the
protection of the farmer's livelihood.
Colorado Revised Statute§ 35-3.5-102 provides that an agricultural operation shall not be found
to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
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