Orange County NC Website
34 <br />Page 4 <br />(Conference, continued from page 3) <br />farmland preservation report <br />rights have invested ever larger sums of <br />money in easements, and now acknowledge <br />they are jeopardizing their investments with <br />zoning that permits incompatible levels of <br />development surrounding preserved areas. <br />She highlighted particularly permissive ag- <br />ricultural zones in Harford and Carroll <br />Counties in Maryland, both of which have <br />committed among the nation's highest lev- <br />els of monetary investment in PDR. Bowers <br />urged participants to "test assumptions" <br />about land values in relation to allowed den- <br />sity as a means of pursuing better agricul- <br />tural zoning. <br />Illinois contingent calls agricultural <br />zoning attainable <br />Mark Cordes of the Northern Illinois <br />University School of Law, outlined the legal <br />restraints of agricultural zoning and the im- <br />pact of the recent Supreme Court decision <br />in Palazzolo v. Rhode Island. He argued <br />that although Palazzolo "provides addi- <br />tional protection for property owners, agri- <br />cultural zoning should still rarely constitute <br />an unconstitutional taking." <br />Cordes said that although agricultural <br />zoning has the potential to impose a dispro- <br />portionate burden on affected landowners, <br />"agricultural zoning is not inherently unfair. <br />Yes, it may be that you are losing value, but <br />so are your neighbors. Property rights have <br />a limited nature. Property has never been <br />absolute." <br />Cordes, who lives in Dekalb County, <br />Ill., said in an interview that farmers in <br />Dekalb support agricultural zoning, because <br />adjacent DuPage County "lost the war, and <br />Dekalb is where the line has to be drawn." <br />J. Dixon Esseks and Lela Long of <br />Northein Illinois University outlined their <br />recent study on the political acceptability of <br />agricultural zoning. Their survey of agricul- <br />October 2001 <br />tural zone actions nationwide showed cer- <br />tain circumstances enabled agricultural zon- <br />ing to occur, including the understanding <br />that zoning is not permanent, that is, farm- <br />ers whose land is nearest to development <br />activity can make a case for conversion at <br />some point; profitability of local farming is <br />important, to preclude the idea that a tak- <br />ings case may be justified; many farmers <br />need to believe that agricultural zoning <br />comes with benefits, the most obvious being <br />avoiding conflicts with new non -farm <br />neighbors; and last, Esseks and Long found <br />that in many cases where agricultural zon- <br />ing was enacted, farmers that opposed it <br />were outvoted by residents seeking to hold <br />down taxes and protect rural landscapes. <br />Ag zoning, PDR pair up in Berks County <br />Clyde A.B. Meyers, extension agent <br />for Berks County, Pa., demonstrated that <br />recent agricultural zoning initiatives are not <br />confined to Maryland. <br />Presenting the county's policies and <br />activities along with Berks County planner <br />Cheryl Auchenbach, Meyers outlined the <br />county's comprehensive effort to get mu- <br />nicipalities to enact agricultural zoning <br />based on the county's model. As an incen- <br />tive, the county pays the costs associated <br />with amending ordinances. <br />Under the county's Agriculture Zon- <br />ing Incentive Program (AZIP) standards, <br />developed in 1997, municipalities that par- <br />ticipate are required to restrict density <br />through a choice of zoning methods, includ- <br />ing fixed -area based, large lot and sliding <br />scale zoning. Prior to 1985, five townships <br />adopted large minimum lot size zoning — a <br />technique that allows a parcel to be divided <br />into buildable lots, but only if those parcels <br />meet a minimum size requirement, such as <br />40 acres. Since 1985, 14 municipalities <br />have adopted sliding scale zoning, equal to, <br />or, with more restrictive density allowances <br />