 Illinois Agricultural
Areas Conservation and Preservation Act
Introduction
Illinois Department of Revenue figures show a loss of almost
600,000 acres of land assessed as farmland from 1981 to 1996,
or 4.5 acres per hour for 15 years. Of that total, 31.4% of the
conversion occurred in Cook, DuPage, Kane, Lake, McHenry, and
Will Counties. Almost 10% occurred in the tri-county East St.
Louis area of Monroe, St. Clair, and Madison Counties. Will County
experienced the greatest loss with 52,114 acres. According to
the Illinois Agricultural Statistics Service, the state lost 3.9
million acres of farmland between 1950 and 1998.
Since 1980, landowners in Illinois have had a tool available
to them that can help preserve farmland for at least 10 years.
The Illinois Agricultural Areas Conservation and Protection Act
allows one or more landowners to voluntarily place their land
into a protected district, often called an “ag area,”
with the approval of the local county board.
Although it is only one tool in farmland protection, it can offer
some assistance in maintaining farmland for farming purposes.
Ag areas may also help protect farmers from some aspects of the
encroachment of nearby development and possibly assist them in
responding to any complaints from residents new to the rural area.
As of November 2000, over 118,000 acres in 21 counties across
the state were designated ag areas. McHenry, Henry, and Jersey
Counties each have over 20,000 acres in ag areas.
Creation of an Ag Area
Any single landowner or multiple contiguous landowners with 350
acres or more can submit a proposal for the creation of an ag
area to the local county board. The county board is responsible
for implementing the procedures outlined in state statute to facilitate
exploring the issue locally and voting on the specific ag area
request. The approval process includes the following steps:
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Upon receiving a new ag area request, the county board issues
a public notice for comment by adjacent landowners.
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Thirty days after public notice is given, the county board
refers the request to the County Ag Area Committee. This committee
is appointed by the County Appointing Authority, which includes
the county board chair, county Extension staff, and the chair
of the county Soil and Water Conservation District (SWCD).
The Ag Area Committee consists of five appointees: four must
be active farmers, no more than two can be from one political
party, and one must be a county board member.
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The Ag Area Committee must hold a public hearing that is
followed by a 30-day comment period. The committee must present
the county board with a recommendation within 45 days after
the comment period ends.
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The county board then must approve or deny the ag area request
within 45 days of receiving the committee’s recommendation.
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Within 45 days of their final action, the county board is
to notify the Illinois Department of Agriculture of their
decision. If the proposal is approved, a description of the
ag area is to be filed with the County Clerk’s office.
Since many counties do not have any experience with establishing
ag areas, landowners should be prepared to cite the state statutes
or provide other information to assist local officials in the
process.
It is also important to note that if the proposed land is within
1.5 miles of a municipality’s corporate boundary, the municipality
may file an objection. If the municipality adheres to all procedural
guidelines and timelines, the objection can result in removing
the land located within the 1.5 mile zone from the ag area. If
removal of this land reduces the area to less than 350 acres,
the ag area request is invalidated.
Considerations for Ag Area Land
State statute lists several issues that must be considered by
the Ag Area Committee and county board when determining whether
to approve an ag area request. Those items include:
- viability of active farming within the proposed area and surrounding
areas;
- presence of viable farmland;
- the nature and extent of other land uses within the proposed
area and adjacent areas;
- county development patterns and needs;
- SWCD-approved conservation plans for the land within the
area; and
- any other relevant matters.
Length of Protection
Once approved, an ag area remains protected for 10 years. During
that time, landowners can request deletions from, additions to,
or dissolution of the designated ag area. After the 10-year period
expires, extensions of eight years can be granted.
The county board has final approval of any changes to an ag area,
following procedures similar to those for ag area establishment.
Land Ownership
No land can be included in an ag area without the landowner’s
agreement. At least 350 acres must be included in the area, and
one or more landowners may own the property. The state statute
suggests, “the land should be as compact and nearly contiguous
as feasible.”
Land within an ag area may be bought, sold, inherited, etc.,
without any restrictions. Ag areas do not change with ownership
changes. Once established, the ag area designation stays on the
land until the county board dissolves it or it ceases to contain
350 acres.
Why Enter Land into an Ag Area?
The benefits of entering property into an ag area may be limited
to those specified by state statute, but landowners often cite
reasons and benefits that are more personal in nature.
State statute indicates that ag areas help protect landowners
from local ordinances that might otherwise interfere with normal
farming practices. However, ag areas do not exempt farmers from
nuisance suits or from following approved best management practices,
especially those prescribed by law. State statute also indicates
that after land is enrolled within an ag area, no benefit assessments
for community improvements (such as sewer, lighting, water, etc.)
can be imposed on land used primarily for agricultural purposes
when the landowner is not benefited. In addition, statute specifies
that state agencies must take into account the presence of ag
areas when siting state projects; however, this requirement does
not prohibit those agencies from acquiring land within the ag
area. According to the Illinois Department of Agriculture, over
520,000 acres were purchased, donated, or influenced by state
agencies from 1985 to 1999.
Other benefits not specified in statute include the ability to
consolidate smaller parcels of land into one large area designated
for agriculture. Such consolidation can help reduce the fragmentation
of farmland and farming activities that result when the surrounding
area is increasingly devoted to non-farm land uses. Ag areas can
also prevent or delay the conversion of farmland to other land
uses. Farmers also often cite less tangible and more personal
reasons for enrolling land into an ag area than those specified
in state statute. Many have family farming histories that they
want to help keep intact.
While it may be possible to achieve any or all of these benefits
without creating an ag area, the ag area designation is an important
public declaration that the county and the landowner feel agriculture
is important to the community and still a viable industry in that
area.
Illinois Farmland Policy
As stated in the 1980 Agricultural Areas Conservation and Preservation
Act, “it is the policy of the state to conserve, protect,
and to encourage the development and improvement of its agricultural
lands for the production of food and other agricultural products.
It is also the policy of this state to conserve and protect agricultural
lands as valued natural and ecological resources, which provide
needed open spaces for clean air as well as for aesthetic purposes.
Agriculture in many parts of the state is under urban pressure
from expanding metropolitan areas. This urban pressure takes the
form of scattered development in wide belts around urban areas,
brings conflicting land uses into juxtaposition, creates high
costs for public services, and stimulates land speculation. When
this scattered development extends into productive farm areas,
ordinances inhibiting farming tend to follow, farm taxes rise,
and hopes for speculative gains discourage investments in farm
improvements. Much agricultural land in Illinois is in jeopardy
of being lost for any agricultural purpose. Certain of these lands
constitute unique and irreplaceable land resources of statewide
importance. It is the purpose of this act to provide a means by
which agricultural land may be protected and enhanced as a viable
segment of the state’s economy and as an economic and environmental
resource of major importance.”
What’s in the Future?
As farmland conversion has increased, especially in some parts
of the state, there has been renewed interest in the ag areas
act and related growth issues. Farmers and agricultural groups
and agencies have suggested that there may need to be more incentive
built into the statute to encourage farmers to more closely examine
this farmland protection tool. The state legislature’s Illinois
Growth Task Force has also discussed some needed updates in the
ag areas statutes.
For Further Information
Farmers and landowners interested in more information about ag
areas should contact their local University of Illinois Extension,
Soil and Water Conservation District, or Farm Bureau office. Some
county building and zoning or development offices may also have
information. Interested persons can also contact the Illinois
Department of Agriculture in Springfield for further information.
References
Agricultural Areas Conservation and Protection Act,
Illinois Compiled Statutes, 1980.
Ag Areas: An Introduction. 1998. Illinois Farm Bureau. Illinois Department of Agriculture Statistics Data Sheets,
1998. |
