A new state law makes it easier for land trusts to tap into state farmland preservation funding, but at the same time lawmakers have slashed the amount of funding that's available.

Farmland preservation is not a simple task; it amounts to a complex real estate transaction. Communities across New York have found creative ways to protect the land while helping farmers stay in business, employing mechanisms like conservation easements or the purchase or transfer of development rights. These tools allow farmers to access the equity of their land without selling it for development. Farmers typically retain ownership of their property.

Communities often partner with land trusts, using them as a project manager of sorts. And this year, state legislators passed a law that simplifies that partnership. Under the old law, only a municipality could apply for state Farmland Protection Program funding. Now land trusts can apply for the funding directly.

"It adds flexibility to the program," says Gay Mills, executive director of the Genesee Land Trust, which is active in Monroe and surrounding counties.

Farmland protection projects typically take a few years to complete. The new state law eliminates one potential source for delay by giving land trusts, which are experienced in these issues, more control over the process on the local end.

Many communities have led successful preservation programs, with Pittsford often cited as a trailblazer. In the 1990's, residents and community leaders realized that development had swallowed up much of the town's farmland. The community wanted to keep the remaining farms in business as a link to the town's agricultural past, and to protect against overdevelopment. So Pittsford developed its Greenprint, which ultimately led to the preservation of around 1,100 acres of farmland.

Perinton, Parma, Webster, and Penfield have also taken steps to preserve farmland. In total, there are approximately 2,199 acres of preserved farmland in Monroe County, says Bob King, senior agricultural specialist at Monroe Community College's Agriculture and Life Sciences Institute.

Although communities can do preservation on their own, land trusts can be valuable partners, especially in smaller communities without much in the way of professional staff. Land trusts can also help communities new to farmland preservation navigate an unfamiliar process.

"There is a huge learning curve," says Diane Held, the senior New York field manager for the American Farmland Trust. Held is based in Western New York.

GeneseeLand Trust is partnering with Walworth, Ontario, and Williamson to permanently protect around 570 acres of Wayne County farmland.

Wayne County's been proactive in farmland preservation efforts. The Genesee Land Trust previously worked with Walworth and Ontario on four projects that preserved around 760 acres. Those projects happened under the previous state law and, in each case, the town was the funding applicant and the land trust acted as project manager. The land trust co-holds the conservation easements and monitors the land to make sure the terms of the easement aren't violated.

"They have been partnerships that have worked quite well," Mills says

Under the new law, the land trust will still need community backing to receive farmland protection funds. A memo that accompanied the legislation says the municipal board and the county agricultural and farmland protection board have to endorse the project.

Mills says she's not sure what opportunities the Genesee Land Trust might have under the new law. But nothing will happen right away because the state is not accepting new applications for Farmland Protection Program funding this year, says Jessica Ziehm, a spokesperson for the state Department of Agriculture and Markets, the agency that administers the program.

The state has a deep backlog of projects waiting for funding, including the three Wayne County projects. Statewide there are 66 approved but unfunded projects, Ziehm says. They represent about 27,700 acres, she says, and a cost of about $72 million.

"We're going to be working toward reducing that backlog," Ziehm says.

Approximately $11 million is available this year to fund preservation projects.

In one of Albany's many ironic moments, lawmakers streamlined the farmland preservation funding process, but took away much of the money dedicated for that purpose.

The $10.75 million allotted for the Farmland Protection Program in this year's budget, which is still in limbo, is an $11 million decrease from last year's funding. At its peak the program had around $30 million in funding, Held says.

The money comes from the state's Environmental Protection Fund, which state officials raided this year to help balance the general budget. The raids have become standard practice in Albany and one that environmental groups and others have protested.

"It's extremely frustrating," Held says.

The farmland protection funding is especially important, she says, because it helps keep farms in New York viable. Many farmers reinvest the money they get to preserve their land, while others use it to retire or transfer the farm to the next generation.

In Dave Wilbert's case, the money he received for granting a conservation easement to the Genesee Land Trust and the Town of Walworth helped pay off debts. He says that allows him to put money back into the farm. That's important, he says, because his sons have an interest in taking over the farm.

Wilbert has a 167 acre fruit farm in Walworth, Wayne County. When he started the farm it was all open land. Now it has 100 acres of apple trees, and also produces strawberries, cherries, and peaches.

"Every tree on the farm I planted," Wilbert says.

Now he knows that it'll remain agricultural land, he says. And the community benefits, he says, from the assurance that the land will be preserved.

Many communities get interested in farmland preservation for reasons of heritage or to maintain character. But there's an economic argument for it, too. By keeping farms viable, communities preserve a locally owned business that adds to the commercial base and provides jobs, Mills says.

This region also has high-quality, productive soils that are conducive to farming, Held says.

The burgeoning local food and farm market movement could drive more interest in local farming as well. The bulk of fruits, vegetables, and dairy products sold in urban areas are produced by nearby farms, Held says. A public that's increasingly interested in local food could also mean more interest in preserving farms and farmland.

It follows that if enough people and communities are interested, state legislators may think twice about cutting farmland protection funding in the future, though there's no guarantee.