AGRICULTURE   

"Protect important farmlands from ill-advised development."  One of the State's 10 Goals from the Cabinet Committee on State Planning Issues' “Shaping Delaware’s Future” Summary Report, April 1995. 

               "It is the declared policy of the State to conserve, protect and encourage improvement of agricultural lands within the State for the production of food and other agricultural products.  The County will support the State's policy by encouraging development in areas where infrastructure already exists and to keep in agricultural production lands best suited for that purpose."   This statement is one of the Kent County Levy Court's Goals for the 2002 Comprehensive Plan Update.  The bottom line regarding farmland preservation and agricultural preservation in Kent County is for all future land use decisions to consider the ultimate effect those decisions will have on our agricultural community.   To measure the effect of land use decisions in Kent County on our agricultural community, we must compare agricultural statistics recorded over the past years to land use trends such as subdivision development, town annexations, re-zonings, and sprawl factors.    

Rather than documenting agricultural statistics found at many sources, this Comprehensive Plan Update will provide some Internet sites where these statistics can be found.  Some of these sites include, but are not limited to, <http://govinfo.library.orst.edu/cgi-bin/ag-list?01-001.dec>  (Oregon State University 1997 Agricultural Census for Kent County, Delaware); <http://www.state.de.us/deptagri/>   (Delaware Department of Agriculture); and <http://www.nass.usda.gov/de/>   (United States Department of Agriculture Delaware Agricultural Statistics Services).   

In addition to these referenced Internet sites, there are two Internet sites that offer agricultural related maps.  The Delaware Department of Agriculture site (http://www.smartmap.com/dda/) contains, but is not limited to, soil, agriculture, and land use maps, and the Kent County Comprehensive Plan Update site (http://www.smartmap.com/kent_co/) contains agricultural maps, parcel information, comprehensive plan (long range) map, and zoning maps.   

With the availability of the Kent County Comprehensive Plan Update in an electronic format on the Internet, the reader can easily search any of these sites for a variety of agricultural statistics on Kent County, Delaware.  The following written information provides a synopsis of those statistics.  In addition to providing a baseline of current agricultural statistics, the 2002 Kent County Comprehensive Plan Update should outline steps that could be implemented to meet important agricultural preservation initiatives and continued vitality of agriculture in Kent County. 

According to the 1997 Census of Agriculture, prepared by the U.S. Bureau of the Census, there were 767 farms in Kent County.  A farm is defined as any place from which $1,000 or more of agricultural products were produced and sold, or normally would have been sold, during the census year. [Note: The 1991 Kent County Zoning Ordinance defines a farm as a parcel of land not less than ten acres in size primarily used for agricultural purposes, including farming, dairying, pasturing, agriculture, horticulture, floriculture, viticulture, animal and poultry husbandry, and the necessary accessory uses for packing, treating, or storing the produce]  In 1997 there were 194,554 acres of land in the County dedicated to agricultural production; this represents slightly over one half (51.83%) of the total land area in the County.   

From 1987 to 1997, the number of farms in Kent County decreased from 857 in 1987 to 767 in 1997, a decrease of 90 farms or 10.5%.  The number of acres dedicated to agricultural production decreased from 201,444 acres in 1987 to 194,554 acres in 1997. 

In planning, soil analyses serve as a general guide to the suitability of land for various possible uses.  In Kent County, soil analyses determine the suitability of land for agricultural or "urban" (typically associated with development) land uses.  Suitability of land for agriculture was taken from agricultural soil groupings based on farmland productivity.   

The band of soils most suited to agricultural production extends in a north to southeast direction through the central area of the County.  This land is composed of mostly well-drained Sassafras soils.  Ironically, this band also contains the major urban concentrations within the County.  Well-drained soils are not only suitable for agricultural production, but also support onsite septic systems. Hence, there is direct competition between agriculture and development for the same land.   

The western third of the County is composed of predominantly Fallsington soils, which are poorly drained, resulting in a relatively high water table.  Farming is only possible through artificial drainage, such as tile systems or ditches.  Other areas of the County are unsuitable for agricultural production because of poorly drained soils, proximity to floodplains or proximity to wetlands (e.g., tidal marshes).   

Farmland Preservation Program   

House Bill No. 200, the Delaware Agricultural Lands Preservation Act, signed on July 8, 1991, established a long-term program for preserving viable agricultural lands in Delaware.  This was an act to amend Chapter 9, Title 3 of the Delaware Code to provide for a comprehensive program for Agricultural Land Preservation.  The ultimate goal of the legislation is to encourage development in areas where facilities and services can accommodate such development and to keep in agricultural production land best suited for that purpose.   

It is the declared policy of the State of Delaware to conserve, protect, and encourage improvement of agricultural lands within the State for the production of food and other agricultural products.  It is also the declared policy of the State to encourage, promote, and protect farming as a valued occupation.  Preservation of the State's farmlands and forestlands is considered essential to maintaining agriculture as a viable industry and important contributor to Delaware's economy.   

            As directed by Section 906 of the Delaware Agricultural Lands Preservation Act, the Kent County Levy Court has echoed these policies by supporting the Delaware Agricultural Lands Preservation Act by establishing the Kent County Agricultural Land Preservation Advisory Board in May 1992.  The Board, comprised of four active farmers or agribusiness men residing within the County and one Levy Court Commissioner, advises the State's Agricultural Lands Preservation Foundation on regulations pertaining to farmland preservation proposed for adoption by the Foundation.  It reviews applications for the creation of Agricultural Preservation Districts within the County.   

An Agricultural Preservation District is an area of land of at least 200 contiguous acres that is strictly dedicated to agricultural uses.  To qualify for the Agricultural Lands Preservation Program, the applicant must meet the following criteria:   

a.       applicants must hold fee simple title to the property in a District; 

b.      property must be zoned for agricultural purposes and not subject to any major subdivision plans; 

c.       land must be viable and productive agricultural land and meet the minimum County Land Evaluation and Site Assessment (LESA) established by the Foundation (the LESA system rates land in terms of its agricultural suitability); 

d.      land must qualify for Delaware Farmland Assessment under Title 9, Delaware Code, Chapter 83.         

Owners pay no property or ad valorem taxes (except Ditch Tax) on agricultural land in the District.  Normal agricultural practices are protected from nuisance complaints from neighbors involving noise, dust, odors, use of agricultural chemicals, and nighttime farm operations. Homeowners in subdivisions located within 300 feet of a District will be informed to expect standard farming practices in the District; no construction will be permitted within 50 feet of a District.  Only owners in a District will be eligible to sell their development rights to the Foundation.  The District remains in effect for ten years.  At the end of ten years, owners must submit in writing their intention to withdraw from the District or the District automatically renews for five-year periods.   

Table 6.1  Delaware Agricultural Lands Preservation Program, Parcels in Kent County*

Source: Delaware Department of Agriculture, December 2001

*An Agricultural Preservation District may consist of multiple parcels of land.

Agricultural Zoning Districts   

In the 1972 Kent County Zoning Ordinance, there were two agricultural districts: Agricultural-Conservation and Agricultural-Residential.  The purpose of the Agricultural Conservation (AC) District was "to encourage agricultural use of high productivity soils, to permanently preserve the County's wetlands and wildlife areas and areas of special environmental quality, recreation potential, natural beauty, historical and ecological importance and areas needing special protection from erosion and pollution, to protect floodplains from inappropriate development and to further opportunities for a wide spectrum of living styles in the County, including the opportunity for privacy, natural environment and beauty, rural and low density surroundings and recreational assets."  Single-family dwellings were permitted on one-acre lots.     

The purpose of the Agricultural Residential (AR) District was “to provide for a full range of agricultural activities and to protect agricultural land, as one of the County's most valuable natural resources, from the depreciating effect of objectionable, hazardous, and unsightly uses.  The district is also intended for protection of watersheds, water resources, forest areas and scenic values, and at the same time to provide for spacious residential development for those who choose this environment and to prevent untimely scattering of more dense urban uses which should be confined to areas planned for efficient extension of public services”.  Single-family dwellings were permitted on half-acre lots.   

The 1991 Kent County Zoning Ordinance combined the AC and AR Districts to form the AC/AR District. The purpose of the AC/AR District was "to provide for a wide range of agricultural use and farm related services while providing for low density residential development in areas that are rural in character and where farming may not be the optimum land use activity, to foster environmentally sound development in areas of environmental concern, to allow for a variety of low density planned residential and cluster developments in a rural setting, and to serve as a transitional/buffer zone between agricultural and residential uses."  Single-family dwellings were permitted on one-acre lots.   

 On February 27, 1996, the Kent County Levy Court adopted an ordinance separating the AC/AR (Agricultural Conservation/ Agricultural Residential) Zoning District into two distinct districts:  AC and AR.  The purpose of the separation is to conserve farmland and guide development into areas close to existing infrastructure and better suited for growth, ideas supported by the Cabinet Committee on State Planning Issues Report of April 1995.   

 In addition to the creation of two separate agricultural zoning districts, the ordinance establishes a growth overlay zone.  Drawing a 2-mile radius circle around each of the existing pump stations on the County’s wastewater treatment system and combining the circles created the overlay zone.  Per a recommendation of the Cabinet Committee on State Planning Issues, the eastern boundary of the overlay zone was set at SR-1 from Smyrna to Milford.  The ordinance also establishes regulations for lot sizes, open space, road frontage, lot widths, density, and yard and setback requirements for the AC and AR districts, within the overlay zone and outside the overlay zone.  Finally, the ordinance creates village development regulations for developments with individual onsite septic and water.     

 Previous Agriculture Friendly Land Use Zoning Amendments  

            Kent County Levy Court has enacted several agriculture friendly zoning amendments since the 1991 Kent County Zoning Ordinance.  The Kent County Levy Court monitors new constraints on our agricultural community and tries to enact ordinances that will further agricultural business opportunities.  Some of these amendments enacted since 1991 include: 

a.      Grain milling and vegetable oil mills and manufacturing of feed for poultry and livestock as Conditional Uses in AC/AR districts (2/25/92)

b.      Allow storage of clam shells in AC/AR district as conditional use (6/23/92)

c.      Allow sawmills as conditional use requiring site plan in AC/AR districts (12/7/93)

d.      Allow farm machinery/equipment repair as conditional use in AC/AR district (11/24/94)

e.      Allow farm wineries with retail sales as conditional uses in AC/AR districts (11/14/95)

f.      Florist establishment as conditional use in AC/AR districts (10/18/96)

g.      Sale of farm equipment, machinery and miscellaneous supplies in AC/AR districts (1/14/97)

h.      Farm winery meeting hall size and maximum permitted on-premise food preparation (5/8/01)

Delaware Cabinet Committee on State Planning Issues 

            In a June 15, 2000 letter to Kent County, the Delaware Cabinet Committee on State Planning Issues outlined several general principles and criteria that each of Delaware’s three counties should consider during their Comprehensive Plan Update processes.   As related to agriculture, this letter suggested counties: (1) account for and discuss the role that “Total Maximum Daily Loads” (TMDLs), defined as the amount of pollutants a body of water can assimilate without detrimental effects to the water quality and organisms that inhabit it, will play in identifying, protecting and managing critical agricultural lands; (2) promote the retention of important agricultural lands and maintenance of a viable agricultural industry through additional agricultural preservation and treatment of agriculture as an industry/business use; and (3) use of Transfer Development Rights (TDR’s), very large lot zoning (i.e. 40 acres per dwelling), use of maximum building lot requirements, agribusiness/agricultural-industry zoning classifications, and County-supported Purchase of Development Rights initiatives.   These above-referenced suggestions by the Cabinet Committee on State Planning Issues are being reviewed by the Kent County Levy Court.  The Kent County Levy Court is the only entity empowered to change the County Land Use regulations.  The recommendations at the end of this chapter include techniques to meet agricultural goals, some of which address the criteria outlined in the June 15, 2000 Cabinet Committee letter. 

Comprehensive Plan Update Workshops 

            From September 2000 through November 2000, the Kent County Department of Planning Services conducted 12 workshops throughout the County.  During each of these workshops, participants were asked to complete a survey on a variety of land use issues, some of which covered agriculture related topics.  The entire survey can be found at http://www.smartmap.com/kent_co/comp_plan/survey.htm.  From the 195 survey respondents, 105 thought Farmland Preservation extremely important; 74 thought it was important; 6 had no opinion; 7 thought it was not important; and 3 thought Farmland Preservation was not an issue.  In addition to the survey results, many workshop participants wrote comments to Kent County summarizing the importance of preserving farming character in Kent County. 

To assist Kent County with farmland preservation techniques, the Delaware Department of Agriculture provided several steps that could be implemented into the Kent County Code or considered as policies and programs.  As part of the Intergovernmental Coordination, the Delaware Department of Agriculture provided input to the Kent County Comprehensive Plan Update regarding agriculture related issues.  Specifically, their October 27, 2000 letter included a document entitled “Agricultural Components and Best Planning Practices”.  This document outlined suggested techniques and methods in developing an overall strategy for a balanced land use planning approach that benefits the agricultural community.   The following is a list of techniques recommended by the Delaware Department of Agriculture: 

1.   Adopt the Delaware Agricultural Lands Preservation Foundation’s Agricultural Preservation Strategy Map as a base.  Specifically, preserve Class I and II rated lands.

2.            Customize the Strategy Map for Kent County Priorities.  Allow Kent County Planning to rank order of preference all Class I and II rated lands.

3.            Consult with the State Forester and DDA Forest Service staff on modifications for silver culture issues.

4.            Establish a “Rural Character Zone” or “Conservation Zone”.

5.            Establish Large Lot Zone(s). (i.e. one dwelling unit per 50 acres)

6.            Establish a Transfer of Development Rights Program.

7.            Participate in Delaware Department of Agriculture’s Purchase of Development Rights Program.

8.            Support the State PDR Program through Land Use Regulations:

                a. Subdivision laws compatible with State farmland preservation.

                b. Agricultural related uses “by right” in agricultural areas.

                c. “Right to Farm” policies.

               d. Increased setbacks and buffering requirements.

               e. Permitting policies friendly to the agricultural community.

               f. Provide business-consulting services.

              g. Impact Fees on non-agricultural residents in agricultural areas.

9.            Recognize Kent County as part of a greater regional agricultural community.

10.            Develop and incorporate goals and objectives in support of the Agricultural Community.

11.            Establish a strategic policy framework in support of those goals and objectives.

12.            Maintain the rural character of the county by planning for preservation of prime agricultural lands, open space, and forest.

13.            Encourage the protection of prime agricultural lands and resist encroachment of development onto these lands.

14.            Maintain agricultural and forestry uses by setting strict limits on development and physically separating other land uses from agricultural activities.

15.            Support agriculture as a business and a way of life.

16.            Protect Kent County’s agricultural heritage and vitality.

17.            Promote Kent County as an agricultural friendly community.

18.            Adopt an Adequate Public Facilities Ordinance. (APFO)

Recommendations   

            The following recommendations incorporate many of the suggestions provided by the Delaware Cabinet Committee on State Planning Issues and the Delaware Department of Agriculture.  The Kent County Levy Court will consider all recommendations when rendering land use decisions and directing land use policy for Kent County. 

·        A major goal of this Comprehensive Plan is to conserve agricultural land.  

·        Support the agricultural community and farm organizations actively working to keep land in farm use and to support legislation and/or programs that will aid this objective.  

·        Consider a new zoning classification for agricultural district(s) that would promote and promote Kent County as an agriculture-friendly community. 

·        Review a Purchase and Transfer of Development Rights cooperative program between Kent County and the Delaware Department of Agriculture.  Program goals would be to establish a Transfer Development Rights program between landowners and developers and facilitate participation with the existing Delaware Department of Agriculture’s Purchase of Development Rights Program.  

·        Consider restricting subdivision growth outside the Kent County Growth zone through land use ordinances that utilize impact fees and creating incentives for inside growth area development.  

·        Protect critical agricultural lands within the Kent County Growth Zone through Total Maximum Daily Loads (TMDL’s) management strategies by requiring connection to Central Sewer Systems for buildings on and/or adjacent to agricultural lands identified as Class I and/or Class II of the Delaware Agricultural Lands Preservation Foundation Agriculture Preservation Strategy Map, where practicable. 

·        Consider adoption of an ordinance to require Conditional Use with site plan approval for major subdivisions located outside the Kent County Growth Zone.  This would allow for additional consideration of agricultural concerns in the design of any potential major subdivision in agriculturally sensitive areas.