06/22/2009: "No Net Loss of Ag Land Proposed"

An Agricultural Resources Committee (ARC) report to the county council has again recommended new regulations for a “no net loss” policy that would freeze Agricultural Resource Lands.

Currently there are 13,891 acres of SJC land designated as Agricultural Resource Lands (ARL), but current regulations will not allow deferred taxes on agricultural land if it is not being farmed, and the State has noted that the County is not fully enforcing the requirement that land be farmed.

So, instead of enforcing the regulations by removing land from the program, the council is considering adopting a new program allowed under state law to have a “farm and agricultural conservation land” program.

The tax break results in the rest of county land owners picking up the difference, that is, the agricultural land is being subsidized. The county could, but currently does not, allow a tax break for land not farmed, but only if it is in a “farm and agricultural conservation land” program.

Add to this a No Net Loss program, and agricultural land could no longer be developed. How, and to what degree this would affect land that is classified as farm land, but only used -or intended by the owner- for residential use, is not known; unless draft regulations are written and reviewed by the council.