In 2005, Trust for Public Land Placed a Conservation Easement on this Corrales Farm, photo by Don Usner

The middle Rio Grande region has a rich tradition of farming and ranching, and in recent decades, many people have been attracted to this region because of its stunning vistas, wide open spaces, and pastoral lifestyle. However, the swift growth of population is threatening the same qualities that attract people to this region: rapid development of subdivisions, strip malls, roads, and golf courses are threatening not only farm and ranch lands, but our water and food supply, our wildlife habitat, our scenic open spaces, and a traditional way of life as well.

Our valuable agricultural land needs to be preserved for generations to come to protect water and air quality, scenic vistas, wildlife habitat, soils, open space for recreational use, a farmer’s way of life, and a local food supply.

National and Local Farmland Findings

• Every year the U.S. loses over one million acres of farmland
• The rate of loss for farm and ranch land was 51 percent higher in the 1990’s than the 1980’s
• More than 86 percent of America’s fruit and vegetables, and 63 percent of our dairy products are produced in urban-influenced areas
• From 1982 to 1997 U.S. population grew by 17 percent, while urbanized land grew by 47 percent
• New Mexico leads the nation in acres lost per year (in percentage increase from 1987—1992 to 1992—1997). The increase in rate of loss over the previous five years was a whopping 260 percent.

Agricultural Zoning

Local governments can create special zoning designations for agricultural lands. Typically, a minimum lot size for existing agricultural parcels is established. This may promote the protection of agricultural uses if it limits residential use to one housing unit for each agricultural parcel. However, minimum lot size zoning can, in some cases, encourage sprawl and does not always ensure the protection of agricultural resources. For example, the requirement of lots (3, 5, and 10 acres) can lead to a more rapid spread of residential development as more land is used for each house. Some communities are coping with this by requiring “cluster” development (see below). Agricultural zoning tends to work best in communities with large agricultural parcels that are uniform in size.

Agricultural Districts

By forming a special district, farmers can benefit from protection from eminent domain and municipal annexation, enhanced right to farm protection, and tax incentives. Agricultural districts require enabling legislation by the state legislature, and approval by the local government. An agricultural district would necessitate cooperation between all local government residents, including farmers and non-farmers.

Cluster Development

Cluster Development or Cluster Zoning allows for non-agricultural development to occur on a small portion of agricultural land while preserving the remaining land for agricultural uses. This method is a compromise between those that want to protect agricultural land and those that want to be able to develop their land. The agricultural portion of the land can be owned by the owner/developer, but can not be further developed, and must be held under a conservation easement by a non-profit land trust organization. Family transfers of land can occur, while still preserving agricultural land.

Conservation Easements

A conservation easement is a voluntary legal agreement between the landowner and a government agency or private conservation organization. A conservation easement ensures protection of agriculture resources today and into the future. The restrictions on the property can cover the entire property or portions of the property. Conservation easements provide tax incentives to farmers to protect their land. However, conservation easements require a qualified conservation organization or public agency to monitor and enforce the restrictions. The Rio Grande Agricultural Land Trust (RGALT) is a nonprofit 5 land trust that helps protect the rich agricultural land in the Rio Grande Valley.

Preservation of agricultural land in the Middle Rio Grande region using this method is already underway. In September of 2004, the Village of Corrales approved the sale of $2.5 million in bonds committed to preserving farmland and open space. This bond is partnered with a $1.1 million grant from the U.S. Department of Agriculture, and will be used to acquire conservation easements from property owners. Corrales citizens now have the option to sell the development rights to the Village instead of a developer. The landowner would maintain ownership of the property, while the property would be preserved exclusively for agricultural or open space uses.

Transfer/Purchase of Development Rights

The purpose of a Transfer of Development Rights program (TDR) is to transfer the development right of one parcel of land to a different parcel of land. This transfer protects farmland by shifting development out of the most valuable farmland to land where development is most appropriate. TDR’s allow farmers to sell just the development rights associated with their property, while protecting the existing agricultural uses of the property. Development rights originate in the parcel of land called the “sending” parcel. The “sending” parcel of land is protected for agricultural uses. The development rights are transferred to a parcel of land called the “receiving” parcel. The “receiving” zone where development rights are transferred, support higher density development. The end result of the TDR is the farmer receives market value on the development right of his/her property, the agricultural land is protected, and development is directed to areas more suitable for development.

Purchase of Development Rights (PDR) is another way to protect agricultural land. A local government or conservation organization can purchase conservation easements from property owners of agricultural land. A Purchase of Agricultural Conservation Easement (PACE) program allows landowners to sell their development rights; however, the property owner still retains the right to farm, sell, or transfer real ownership.  Get more information on purchase of development rights (PDF).

Preferential Agricultural Tax Policies

Counties may implement agricultural tax policies that encourage keeping land in agricultural uses. These preferential policies may include giving tax breaks to properties used in agriculture, or imposing tax penalties on landowners or developers that take land out of agricultural use. A New Mexico law {7-36-20, NMSA, 1978} establishes a special method of valuation for land used primarily for agricultural purposes. The intent of this “Green Belt” law is to give tax relief to small subsistence farmers in the state. The owner of the land who applies for this preferential property tax treatment is required to demonstrate an objective intent to produce a crop for sale or home consumption. The land owner is also required to report to the county assessor whenever the use of the land changes and is no longer being used primarily for agricultural purposes.

Bond Funding

Bond funding is a way for local governments to raise money to implement PDR or TDR programs or purchase tracts of land. Voters would have to approve such a measure to acquire this type of funding. In September of 2004, Village of Corrales voters approved the sale of $2.5 million in bonds to entice landowners to preserve farmland and open space. The bonds will be partnered with a $1.1 million grant from the U.S. Department of Agriculture, and be used to purchase conservation easements from property owners. Landowners in Corrales now have the option to sell their development rights to the Village for preservation instead of selling to a developer.

Farm and Ranch Lands Protection Program

The Farm and Ranch Lands Protection Program (FRPP) is a federal program that provides matching funds to help purchase development rights to keep productive farm and ranchland in agricultural uses. USDA partners with State, tribal, or local governments and non-governmental organizations to acquire conservation easements or other interests from landowners. USDA provides up to 50 percent of the fair market easement value. Through 2002, more than 170,000 acres have been protected in 35 states.

Contact: Ann Simon ( This e-mail address is being protected from spam bots, you need JavaScript enabled to view it )