Basis for Farmland Protection Set in Williamson Act

By E.A. Barrera

Whether it is looking at ways to preserve the backcountry of San Diego County, promote agriculture in San Diego County or lock-in open space easements under the General Plan 2020 process, all debates encompassing the future growth of San Diego County eventually fall back on provisions encompassed in the California Land Conservation Act of 1965 - commonly called the Williamson Act.

"The Williamson Act was passed in 1965 as a response to the problems facing farmers who were being forced out of farming by rising taxes on their land," said Briggs Nisbet, of the American Farmland Trust.

The act allows local governments to assess agricultural landowners based on the income-producing value of their farmland rather than on its "highest and best use."

According to the California Farm Bureau, there are currently 16 million acres throughout the state enrolled in Williamson Act contracts, which is more than 50 percent of the state's cropland. The intent of the act was to provide farmers with property tax relief and to encourage the preservation of agricultural land.

"Land use planning at the state level in California is functional rather than comprehensive. State land use policies are located in a variety of government codes and acts, and only counties and cities in California prepare comprehensive plans. The state has no comprehensive policy on agricultural land use. Instead, there are several state programs and numerous statutory policies that affect the use of agricultural land," wrote Nisbet in 1990.

At the local level in California, policies affecting the use of agricultural land are contained primarily in the local general plan. It is in the general plan that goals, objectives and policies are stated. Once policies have been adopted in a general plan, specific programs and ordinances zoning, right-to-farm and purchase of development rights can be adopted to carry out those policies. Policies affecting agricultural land are also formulated and carried out by the county Local Agency Formation Commission.

The Williamson Act program, in conjunction with other local planning policies and implementation measures, can have an impact on local land use decisions, in particular, guiding development away from productive agricultural areas. Forty-eight of California's 58 counties and 19 cities offer Williamson Act contracts to landowners.

The major features of the program are:

1. Landowners and participating local governments sign 10-year contracts, automatically renewed every year unless other action is taken.

2. Landowners give up the right to develop their land during the term of the contract, receiving in return a preferential assessment of their property for tax purposes.

3. Williamson Act parcels are assessed according to a capitalization of income formula.

4. Parcels in agricultural production and other open space lands are eligible.

5. Contracted parcels are located in agricultural preserves designated by county or city governments.

6. Contracts can be terminated by non-renewal, cancellation, eminent domain or by city annexation under certain circumstances.

7. As partial replacement for reduced property tax revenues, participating counties and cities receive state subsidies.

Williamson Act contracts are allowed on parcels no smaller than 10 acres for prime agricultural land and 40 acres for non-prime land, although smaller minimums are not absolutely forbidden. In most counties, minimum parcel sizes for Williamson Act contract land is higher than the state-designated minimums. Forty counties set the minimum for prime land above 40 acres and in 22 counties the minimum for urban prime land is more than 10 acres. In San Diego County, the minimum is 10 acres.