Seeding the City: Land Use Policies to Promote Urban Agriculture

Written by Heather Wooten, MCP (PHLP) and Amy Ackerman, JD (Consulting Attorney)
The National Policy and Legal Analysis Network to Prevent Childhood Obesity (NPLAN)
October 2011 – 40 pages

Introduction – Excerpt

Communities can support, promote, and preserve urban agriculture through land use laws. Land use policies can assist in securing access to and ensuring the preservation of land for agricultural uses. Zoning regulations can ensure that agriculture occurs in suitable locations and under the proper conditions. But there is no one-size-fits-all urban agricultural land use policy. Urban areas vary in availability of land for agriculture, population density, soil suitability, and resident interest. This toolkit sets forth a framework and model language for urban agriculture land use policies that communities can tailor to their particular context and needs.

Table of Contents

Introduction
Definitions of Urban Agriculture Types

A Framework for Developing Urban Agriculture Land Use Policy
What Are Land Use Laws?
Key Questions to Consider
Additional Considerations

Preserving Urban Agriculture
Open Space Zoning Districts
Land Banks
Conservation Easements and Land Trusts
Leases on Public and Private Land

Other Laws Affecting Urban Agriculture
The Americans with Disabilities Act
Pesticide and Other Environmental Laws
Brownfields and Environmental Cleanup Laws
Right to Farm Laws
Laws Regulating Commercial Farms and Produce Sales
State and Local Laws Establishing and Regulating a Business Entity
Federal, State, and Local Taxation Laws
Federal, State, and Local Employment and Volunteer Laws
Federal and State Food Safety Laws
Animal Welfare and Control Laws
State and Local Building Safety Laws
Medical Marijuana Laws
Local Composting Laws

Model Comprehensive Plan Language for Urban Agriculture

Model Zoning Ordinance for Urban Agriculture
Definitions and Types of Uses
Regulations of Uses
Incidental and Accessory Uses
Animals

Resources

Read the complete report here.