901-2-05 Farmland ranking system.

(A) Prior to accepting applications for matching grants, the director shall notify and make available, through various farm organizations, charitable organizations, and political subdivisions: 1) the procedure for applying for matching grants; 2) the application; and 3) the farmland preservation ranking system.

(B) The farmland preservation ranking system shall be comprised of a two tier process. For each criterion in the one hundred point first tier, a weighted score range is indicated. Prior to each application funding round the director, with the advice of the farmland preservation advisory board, shall determine the specific value within this range for each ranking criterion as indicated in paragraph (C) of this rule. The highest ranking application properties in the tier one evaluation, as determined by the director, will then be submitted for tier two evaluation” as defined in paragraph (D) of this rule.

(1) Soil types and agricultural productivity; range: fifteen to thirty points. Emphasis for matching grants is placed on soils which are classified as prime or agricultural land officially designated unique or locally important.

(2) Protected areas. Range: fifteen to thirty points. Emphasis for matching grants is placed on land that is adjacent to or in close proximity, as mathematically determined by the department term is defined by the director, to agricultural land or other land that is conducive to agriculture, whether such land is in the process of being protected or is already permanently protected such that a buffer from development exists between land proposed for agricultural easement and areas that have been developed or likely will be developed for purposes other than agriculture. These protected areas include, but are not limited to, the following:

(a) Agricultural, natural resource, open space, or forested land that has already been permanently protected from development through agricultural or conservation easements:

(b) Flood pools, and other normally undevelopable waterbodies.

(c) Parks, open spaces, forests, nature preserves and other natural areas that are not protected from development through conservation easements but have permanent deed restrictions or other restrictions which the director determines could protect agricultural land.

(d) Publicly owned agricultural research lands that the director determines could protect agricultural land.

(e) Airports, military bases, or other developed areas that the director determines could be appropriately buffered by agricultural land.

(3) Use of best management practices including federally or state approved conservation plans; range: five to ten points. Emphasis for matching grants is given to the landowner who has a letter of support from the natural resource conservation service, soil and water conservation district, or other generally accepted qualified organization, as determined by the director, stating that the operation of the application property includes best management practices, utilizes appropriate conservation standards, has a forestry management plan approved by the Ohio department of natural resources, if applicable, and has a history of substantial compliance with federal and state agricultural laws.

(4) Development pressure. Range fifteen to thirty points. Emphasis for matching grants is placed on farmland faced with potential development pressure that is likely to affect the ability of the farm operator to conduct agricultural activities or cause conversion of the agricultural land to nonagricultural uses. Development factors include, but are not limited to, the following:

(a) Roadway distance from any border of the property to sanitary sewer and water;

(b) Roadway distance to the nearest freeway interchanges;

(d) Development pressure as measured by activity such as an increase in lot splits, well or septic permits, traffic counts, or other indicators determined by the director to accurately measure such pressure.

(5) A local comprehensive land use plan which identifies areas for agricultural protection. Range fifteen to thirty points. Emphasis for matching grants is placed on application properties which are located within a designated agricultural area of a political subdivision’s long range plan and where the political subdivision has adopted specific action to protect the area, such as zoning where agriculture is the predominant land use, a commitment not to extend utilities, or initiate any non-agricultural development activity.

(6) Other criteria determined necessary by the director. Range fifteen to thirty points. These criteria include but, are not limited to, the following:

(a) Application property location relative to a metropolitan statistical area:

(b) Application property enrollment in the agricultural security area program:

(i) Ohio historical preservation office, or

(ii) The national register of historic places established under the national historic preservation act (NHPA), or formally determined eligible for the listing in the national register of historic places by the State historic preservation officer (SHPO) or tribal historic preservation officer (THPO) and the keeper of the national register in accordance with section 106 of the NHPA, or

(iii) Formally listed in the State register of historic places of the SHPO.

(d) Century farm designation by the director.

(e) Application property with local match higher than the required twenty-five per cent minimum, through cash or donation, will receive additional points.

(D) Tier two evaluation (50 points total)

(1) The farmland preservation advisory board shall recommend to the director which of the highest ranking farms from the tier one evaluation should be awarded state matching grants. The farmland preservation advisory board shall base their recommendations on the applicants response to questions which may address but not be limited to, the following categories: farm succession plan, showcase farm, farm estate plan and provisions to promote local farmland in the community or other criteria deemed necessary by the director. Applicants shall address such categories through a narrative on space provided on the application form.

(2) Applicants may provide photos, maps, or other visual aids not to exceed three eight in half by eleven inch pages.

(E) For each funding round, the director may adopt some or all of the following guidelines:

(1) A limit on the number of application properties, acres, or dollar amount funded per county;

(2) A limit on the number of application properties per legal entity;

(3) A maximum dollar amount per acre of state matching grant from the fund;

(4) A maximum dollar amount of state matching grant per landowner shall not exceed one million dollars dollars, as required by section 901.22 of the Revised Code.

(5) A consideration of regional balance, as defined by paragraph (BB) in section 901-2-01 of the Administrative Code.

Effective: 03/21/2006

R.C. 119.032 review dates: 11/22/2005 and 03/21/2010

Promulgated Under: 119.03

Statutory Authority: 901.22(A)

Rule Amplifies: 901.22, 901.23

Prior Effective Dates: 02/01/02, 02/21/05