The County's Agricultural Land Preservation Capital Program is administered by the Montgomery County Office of Agriculture (OAG). The program includes one ongoing capital project, Agricultural Land Preservation Easements, with the objective to protect and preserve agricultural land from development and the goal of retaining a significant farming sector throughout Montgomery County.During FY09, the County achieved the goal of protecting 70,000 acres of agricultural land through easements. As of September 30, 2023, the County has permanently preserved 72,629 acres for agricultural use. Montgomery County leads the State of Maryland in the number of acres preserved and has the...
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PROGRAM DESCRIPTION AND OBJECTIVES
The County's Agricultural Land Preservation Capital Program is administered by the Montgomery County Office of Agriculture (OAG). The program includes one ongoing capital project, Agricultural Land Preservation Easements, with the objective to protect and preserve agricultural land from development and the goal of retaining a significant farming sector throughout Montgomery County.
During FY09, the County achieved the goal of protecting 70,000 acres of agricultural land through easements. As of September 30, 2023, the County has permanently preserved 72,629 acres for agricultural use. Montgomery County leads the State of Maryland in the number of acres preserved and has the highest percentage of farmland under agricultural land preservation easements of any county in the nation. Within this total, 48,108 acres are protected by Transferable Development Rights (TDR) easements which allow for densities as high as one unit per twenty-five acres. It will be important for the County to continue to pursue higher levels of protection for these properties to reduce the potential for future development in the Agricultural Reserve. The implementation of the Building Lot Termination (BLT) Program will be integral to this effort. The number of total acres is adjusted to reflect the land preserved through BLT that were placed over TDR.
Currently, preservation of agricultural land is accomplished under six separate agricultural land preservation programs: the Montgomery County Agricultural Easement Program (AEP); the Maryland Agricultural Land Preservation Foundation (MALPF); Montgomery County's local TDR; the Maryland Environmental Trust (MET); the Montgomery County Rural Legacy Program (RLP) and the Building Lot Termination Program (BLT). The acres preserved under each program are displayed in the chart below, and each program is described in the narrative that follows.
| MALPF | AEP | MET | BLT | RLP | TDR | Total |
Protected thru June FY2024 | 5,386 | 8,464 | 2,532 | 2,286 | 5,853 | 48,108 | 72,629 |
Note: The number of total acres is adjusted to reflect the land preserved through BLT that were placed over TDR.
Through the Agricultural Easement Program (AEP), the County purchases easements on farmland using Agricultural Transfer Tax collections to meet acreage acquisition targets. Agricultural easements acquired through the AEP may range in value from $1,600 to $9,000 per acre, depending on location, land quality, and amount of road frontage. The County has protected 8,464 acres through the AEP.
Through the MALPF, the State purchases development rights easements directly from landowners to protect agricultural land from development. Since 1980, 5,386 acres have been protected.
Montgomery County's local TDR program, established by the functional Master Plan for the Preservation of Agriculture and Rural Open Space, accounts for a major portion of the County's preserved land (48,108 acres). The program, administered by the Maryland-National Capital Park and Planning Commission (M-NCPPC), allows Upcounty landowners to transfer development rights from the 93,000-acre Agricultural Reserve, in the western and northern portions of the County, at the rate of one TDR per five acres, to developers with projects in areas that can accept the higher development density, designated as "TDR receiving areas." Lands protected by TDR easements also represent additional opportunities for the County to further protect agricultural lands through easements by reducing the allowable housing density that is reserved on those lands.
The MET program encourages landowners to donate an easement on their property to protect scenic open areas, including farm and forest land, wildlife habitats, waterfront, unique or rare areas, and historic sites. This program is associated with the Maryland Department of Natural Resources and requires no monetary participation by the County. Montgomery County has protected 2,532 acres through the MET program.
The RLP was enacted in 1997 as part of the Governor's Smart Growth and Neighborhood Conservation initiative to protect natural resources. The program is designed to protect areas rich in multiple agricultural, forestry, natural and cultural resources in order to protect resource-based economic development, protect green areas, and maintain rural life. Montgomery County acts as a conduit for these funds, and no monetary participation is required of the County. The County has protected 5,853 acres through RLP.
The BLT program was approved by the County Council through Council Bill 39-07 in December of 2008. This program provides another tool to permanently protect agricultural lands, especially where development potential is achievable through the approval of on-site waste disposal systems. In 2009, five million dollars was approved by the County Council through a supplemental appropriation to this project to fund the BLT program. Since FY12, 1,257 acres of agricultural land and 30 BLTs have been acquired through County BLT easements and an additional 1,029 acres and 31 BLTs have been acquired through private/developer purchased BLT easements, totaling 2,286 acres.
PROGRAM CONTACTS
Contact Mike Scheffel of the Office of Agriculture 301.590.2830 or Natasha Joseph-Wilkerson of the Office of Management and Budget at 240.773.0052 for more information regarding this capital budget.
CAPITAL PROGRAM REVIEW
The Executive's recommended FY25-30 program expenditure total is $4,173,000. Total six-year program funding includes Agricultural Transfer Tax, Developer Payments and investment income.
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