Agricultural Protection Areas
Benefits of an Agricultural Protection Area
Protection from nuisance lawsuits
Zoning stability
Protection from unreasonable restrictions
Eminent domain limitations
State development project restrictions
Disclosure for new developments
Farming operations are shielded from complaints related to noise, dust, odors, and other normal agricultural activities.
Land within the APA cannot be rezoned without written consent from all landowners in the APA.
Political subdivisions and state agencies cannot impose unreasonable regulations on farm structures or practices.
Government agencies face restrictions when attempting to condemn APA land for nonagricultural purposes.
Transportation corridors and other state projects must minimize or eliminate detrimental impacts on agriculture.
Prospective property buyers near an APA must be notified that they are moving next to an active agricultural operation.
Who can apply for an APA?
Landowners with agricultural operations can apply to have their land designated as an APA; multiple landowners are in the same area may submit a joint proposal. To begin the process, landowners should contact their local government, as the county or city legislative body handles these applications.
Requirements for an APA
- Minimum acreage: Typically, a minimum amount of land is required to qualify (varies by county).
- Agricultural use: The land must be actively used for farming, ranching, or other agricultural production, which includes the processing or retail marketing of crops, livestock, and livestock products when more than 50% of the products are operator-produced.
- Zoning compatibility: The land should be appropriately zoned for agricultural use. Compatible zoning designations generally allow agricultural activities as a primary use. These may include designations such as "Agricultural," "Agricultural Residential," or "Rural Residential," depending on local zoning codes, and often involve low-density restrictions to prevent overdevelopment.