Morrow
Soil and Water
Conservation District
"To educate and assist all people in the conservation of the valuable natural resources of Morrow County."
Morrow SWCD
Farmland Preservation
The Office of Farmland Preservation partners with landowners, local government, soil and water conservation districts and land trusts to permanently preserve Ohio farms in agricultural easements. An agricultural easement is a voluntary, perpetual agreement between a landowner and the Ohio Department of Agriculture that permanently preserves Ohio farms in agricultural production, strengthening Ohio’s number one industry: food and agriculture.
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The farmland can be sold or passed along as a gift to others at any time, but the restrictions prohibiting non-agricultural development stays with the land. Since 1999, ODA has accepted easements from Ohio citizens to support the preservation of farmland for future generations. The Office of Farmland Preservation has preserved 49 farms, totaling approximately 6,000 acres, through this program.
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Agricultural Easement Donation Program (AEDP)
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The Agricultural Easement Donation Program (AEDP) is a tool for landowners to protect their farm’s soils, natural resource features, and scenic open space. It provides landowners the opportunity to donate the easement rights on viable farmland to the Ohio Department of Agriculture (ODA). The department assures the land remains in agricultural use forever. The standard cost for services needed to secure the easement (i.e., title examination, title policy, escrow, closing and recordation) are covered by ODA. All easement transactions are permanent. They are recorded on the property deed and will transfer with the land to successive owners.
Timeline:
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Contact ODA Farmland Preservation to set up a meeting with the staff to review the program. (614) 728-6238
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Staff or the local partnering organization will conduct a site visit to the farm.
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Before accepting a donated agricultural easement, ODA will give notice of the donation to local elected officials, including county commissioners, township trustees, and the mayor of any municipality within a quarter mile of the farm. The local officials will be given 30 days to review and comment on the proposed donation. If one or more local elected governments object to the donation for a “valid” reason, the Director of ODA may decline the donation. A valid reason might be that the local government has officially designated the property for non-farm use.
Requirements for AEDP:
To be eligible for the program, the land must meet the following criteria:
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The applicant farm must be enrolled in CAUV and the Agricultural District Program through the county auditor’s office.
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The farm must be a minimum of 40 acres unless the farm is adjacent to a preserved farm, then it must be a minimum of 25 acres.
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Any liens or mortgages on the farm must be subordinated to the easement.
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The farmland owner must certify the property does not contain hazardous substances.
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The farmland owner must have been in compliance with state and federal agricultural laws for the past five years.
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The farmland owner must have possession of clear title to the applicant property.
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Local Agricultural Easement Purchase Program (LAEPP)
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The Clean Ohio Local Agricultural Easement Purchase Program (LAEPP) provides funding to farmland owners for placing an agricultural easement on their property. Monies are issued for up to 75 percent of the appraised value of a farm’s development rights. A payment cap has been set at $2,000 per acre, with a maximum of $500,000 per farm. All easement transactions are recorded on the property deed and transfer with the land to successive owners.
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Funds from the purchase of these easements are invested in the local economy by the landowners who use them by expanding their farming operations, purchasing new equipment, reducing debt, adding conservation practices, planning for retirement, sending their children to college or for other purposes. When the state purchases a farmland easement, the proceeds are plowed into Ohio’s economy.
Requirements for LAEPP:
To be eligible for the program, the land must meet the following criteria:
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The farm must be enrolled in CAUV and the Agricultural District Program through the county auditor’s office.
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The farm must be a minimum of 40 acres unless the farm is adjacent to a preserved farm, then it must be a minimum of 25 acres.
NOTE: Farms that are 10-24 acres and also share a substantial border with permanently protected land compatible with agriculture must submit a written request with supporting documentation before eligibility for application can be determined.
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The farmland owner must certify that the property does not contain hazardous substances.
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The farmland owner must have been in compliance with state and federal agricultural laws for the past five years.
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The farmland owner must have possession of the clear title to the applicant property.
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The local sponsor must agree to share monitoring and enforcement responsibilities.
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A minimum of 25 percent of the points-based appraised value of the agricultural easement must be provided either in cash match by the local sponsor, donation by the landowner, or a combination of donation and cash match.
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Contact Your Local Sponsor
Morrow Soil and Water Conservation District:
(419) 946-7923
District Technician, Mike Clapper: swcdmorrow@redbird.net
Timeline:
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Landowners must apply for Clean Ohio funds through local governments (such as counties, townships, and municipalities), Soil and Water Conservation Districts (SWCD), or a charitable organization. These entities are referred to as “local sponsors.”
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Once a local sponsor is certified, they can submit applications on a landowner’s behalf to ODA for consideration.
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Application opportunities are open for a maximum of 90 days.
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Frequently Asked Questions​
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Q: What is an agricultural easement?
An agricultural easement is a voluntary and legally-binding restriction placed on a farm. The easement limits the use of the land to predominantly agricultural activity. The land remains under private ownership and management and stays on the tax rolls under Current Agricultural Use Valuation (CAUV). The farmland can be sold or passed along as a gift to others at any time, but the restriction prohibiting non-agricultural development stays with the land.
Q: Why put an easement on your land?
Landowners who wish to permanently protect their family’s farm can donate an agricultural easement as a way to prevent their land from becoming residentially or commercially developed. The easement will help to assure the land will never be used in a way contrary to an agricultural intent. Other advantages to protecting viable farmland include environmental benefits, contributions to the food supply, enhancements to quality of life, and gains for local communities. Financial benefits such as tax deductions and federal tax advantages may also be available with easements. A perpetual agricultural easement is an IRS tax-deductible, charitable gift.
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ODA encourages every landowner to seek advice from an accountant, tax attorney, or other financial professional regarding any tax benefits or consequences that might result from a gift of a perpetual agricultural easement to ODA.
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Q: Does the program accept all offers?
Donated easements are evaluated on a case-by-case basis. There are certain legal requirements that must be met in order for land to be placed in an agricultural easement. For further details, refer to the “AEDP” page and look for “Program Guidelines” available at www.agri.ohio.gov/farmland. Click on “Resources.”
Q: How do I know if my farm is eligible?
To be eligible for the program, the land must meet the following criteria:
• The applicant farm must be enrolled in CAUV and the Agricultural District Program through the county auditor’s office.
• The farm must be a minimum of 40 acres unless the farm is adjacent to a preserved farm, then it must be a minimum of 25 acres.
• Any liens or mortgages on the farm must be subordinated to the easement.
• The farmland owner must certify the property does not contain hazardous substances.
• The farmland owner must have been in compliance with state and federal agricultural laws for the past five years.
• The farmland owner must have possession of clear title to the applicant property