Agriculture and Infrastructure: What’s the Connection?

By Neal Fogle and Lynn Kime

Agriculture is an important part of a local community; in that it contributes to our food supply and provides economic as well as environmental impacts. For agricultural operations to function and continue, they require support systems and facilities (infrastructure), to remain viable. This infrastructure in some cases can be specific to agriculture, and in others used by the public as well.

What is infrastructure in the context of agriculture? Infrastructure includes the farms, markets, and businesses that support the farms within a given area. For example, in a region that grows corn and field crops, the infrastructure would include the farm and farm family, their employees, the equipment dealer(s), and the grain elevator(s) to name a few.

Without the farm and farm family, there would be no need for the employees of that farm. The equipment dealer(s) would not have anyone to sell equipment to, and the business would close, impacting the owner and employees. The elevator(s) would have no grain to store and ship, and this may even affect a railroad line that services more businesses in the immediate area. The closing of the elevator(s) also impacts the owner and employees.

In addition to the various components of infrastructure that are directly tied to agriculture, there are also those that are utilized jointly by all the residents and businesses in the community. These include items such as transportation systems, communication systems, and educational institutions. 

A key issue regarding infrastructure is that there are numerous decision makers that directly or indirectly determine its location, availability, and capacity. When elected and appointed officials plan, design, regulate and construct a community’s infrastructure system, they do so considering not only the individuals or businesses that need and use it, but the common good of the community as a whole. For the agricultural community, it’s vital that they understand the infrastructure components that impact them, who the applicable decision makers are, and then convey their needs to those decision makers. In many cases, this will include local municipal officials and board members. In others, it can involve state and federal officials and agencies.

Land Base

The availability of lands from which to grow and produce agricultural products is one of the first foundations upon with the agricultural industry is based. The loss of these lands, especially when occurring at rates that can take away the critical mass needed to support the local agricultural producers and supporting industries, can result in “impermanence syndrome” for farmers. When this occurs, farmers stop investing in the farm and its operation and instead position themselves for the expected sale of the farm.

The loss of farmland and farms has been a statewide issue. For example, the latest United States Department of Agriculture Ag Census figures indicate that the commonwealth lost roughly 6,000 of its farms from 2012-2017. (Bureau of Farmland Preservation, 2020 Annual Report). In recognition of the importance of farmland preservation, there are a number of programs and policies that have as their focus retaining and/or increasing the ability to farm. Many of these programs have direct roles for local and/or county officials.

Agricultural Security Areas (ASAs) are one of the tools available to local municipalities (as well as farmers) to limit local nuisance ordinances. Within an ASA, local governments are not authorized to enact ordinances that restrict normal farming operations, unless the activity is directly related to public health and safety. In addition, it provides barriers for eminent domain proceedings against lands in the ASA.

For an ASA to be formed, farmers/landowners must propose to have their land included, using the applicable forms and processes. The proposal(s) will then be reviewed by the local municipality against the program criteria.

As of 2020, a total of 1,006 ASAs encompassing 4,043,350 acres have been formed in 65 Pennsylvania counties. (Bureau of Farmland Preservation, 2020 Annual Report)

The Pennsylvania Agricultural Conservation Easement Purchase Program (PACE) enables state and county governments to purchase conservation easements (or development rights) from farmers. One of the requirements for eligibility is that the property is in an ASA. Counties appoint and empower local agricultural land preservation boards. Local governments may also participate in conjunction with the county board. PACE also provides grants for land conservancies for agricultural preservation.

Pennsylvania leads the nation in farmland preservation with 5,869 farms and 596,827 acres that are protected through permanent agricultural conservation easements. (Bureau of Farmland Preservation, 2020 Annual Report)

While conservation easement programs are an important part of farmland preservation, they should not be the sole tools or programs used. For example, in some cases preserved land may make adjoining lands more attractive for development. If the local municipality and/or county do not have the planning and land use regulations to direct development in well suited areas, incompatible land uses, and farmland fragmentation may occur.

Some government and non-profit organizations conduct conservation easement programs independent of PACE. These include county and local municipal governments, as well as private or non-profit organizations. These programs sometimes require donated versus purchased easements. Also, these easements may or may not contain agricultural lands and often focus on environmentally sensitive areas, woodlands, or recreational lands.

The purpose of the Pennsylvania Farmland and Forest Land Assessment Act (Clean and Green) is to preserve farmland, forest land and open space. Under this program, the land is taxed according to its use as farmland, forestland, and open space rather than its prevailing market value. In most cases, parcels must be ten acres in size, and in:

• Agricultural Use - Land which is used for the purpose of producing an agricultural commodity or is devoted to and meets the requirements for payments or other compensation under a soil conservation program under an agreement with an agency of the federal government. (Parcels under this use category may be less than ten acres if the property is capable of generating at least $2,000 annually in farm income).
• Agricultural Reserve - Noncommercial open space lands used for outdoor recreation or the outdoor enjoyment of scenic or natural beauty and open to the public for such use, without charge or fee, on a nondiscriminatory basis. The term includes any land devoted to the development and operation of an alternative energy system if a majority of the energy annually generated is utilized on the tract.
•  Forest Reserve - Land, ten acres or more, stocked by forest trees of any size and capable of producing timber or other wood products. The term includes any land devoted to the development and operation of an alternative energy system if a majority of the energy annually generated is utilized on the tract.

Of Pennsylvania’s 67 counties, 60 participate in the Clean & Green Program. Statewide, there are 215,752 parcels and 11,182,349 acres in this program. Acreages for the use categories are:

Clean and Green Enrollment 2020

(Bureau of Farmland Preservation, 2020 Annual Report)

As a response to growing nuisance suits against farming operations, the Pennsylvania Legislature enacted the Protection of Agricultural Operations from Nuisance Suits and Ordinances Act, also known as the Right to Farm Act. This law prevents municipalities from including normal farming operations within their nuisance ordinances. It also limits municipalities from enacting ordinance provisions that restrict the direct sales of agricultural commodities on the farm (under certain conditions), and limits nuisance suits against agricultural operations.

The Agriculture, Communities & Rural Environment Act (ACRE) not only protects normal farming operations from unauthorized ordinances, but it also grants the Pennsylvania Attorney General the authority to review local ordinances as to their compliance to state law. The Attorney General can also take legal action against the local municipality. The ordinance review can be initiated by the request of a normal agricultural operation.

ACRE also created a requirement regarding odor management plans for large scale animal operations.

Land Use Planning & Regulation

Land use planning and regulation in Pennsylvania is delegated to the local municipalities or county through the Pennsylvania Municipalities Planning Code (MPC). Regarding planning, counties are required to have a comprehensive plan, while local municipalities are empowered to have such a plan but are not mandated except for certain situations. For land use regulation, both counties and local municipalities are authorized to enact zoning and/or subdivision and land development regulations. However, if a local municipality enacts an ordinance, it supersedes the county ordinance.

To find out specific information regarding planning and land use regulations for a particular county, the county planning office can be contacted. For information regarding a local municipality, the local municipal planning commission, or municipal secretary/manager would be the contact.

A comprehensive plan is a document that sets the course for the future of a community. It is developed by obtaining and analyzing data as well as receiving input from stakeholders, including members of the public. A comprehensive plan looks not only at current and future land use, but other interrelated components of the community as well. These components include items such as transportation, housing and natural resources.  The plan may recommend future regulatory ordinances or provide base data for an ordinance.

Throughout Section 301 of the MPC, several items related to agriculture are referenced. These pertain to components that shall or may be included in municipal comprehensive plans. For example, this section contains a provision to identify a plan for the preservation and enhancement of prime agricultural land. It also provides for planning for the compatibility of land use regulations with existing agricultural operations. The MPC also calls for the plan to contain a statement that commercial agricultural production impacts water supply sources. Comprehensive plans are to contain a land use plan which may include agriculture, and a plan for the protection of natural and historic resources, including prime agricultural land.

A subdivision and land development ordinance is a land use regulatory document. While it does not control where land uses can go, it does regulate the layout and design of subdivisions and certain types of development. It addresses items such as road and access design, the availability of adequate water and sewer service, and stormwater management.

Subdivision and land development regulations control the layout and design of subdivisions and certain types of development. Subdivision involves the division of land into parcels, (for transfer or lease) and land development involves the improvement of a lot(s) for a variety of purposes, including a group of two or more residential or nonresidential building, or a single nonresidential building.

In Pennsylvania, there are some exemptions for agriculture in subdivision and land development regulations. Regarding subdivisions, the subdivision by lease of land for agricultural purposes more than 10 acres is exempt from requiring approval (provided the subdivision does not involve any new street, easement of access or any residential dwelling).

In regard to land development, there can be provision for an exemption regarding the addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building.

A subdivision and land development ordinance is administered by a planning commission or the governing body.

A zoning ordinance is also a regulatory document. Among other community aspects, this ordinance regulates where land uses can or cannot go within a community. It also regulates items such as lot density (how many dwelling units per acre), setbacks (how far a structure must be from a road, lot line or other structure) and open space (how much of a property cannot be developed).

Zoning allows a local or county government to regulate land uses within its territory and set standards for the development of land parcels. Zoning typically establishes separate zoning districts for residential, commercial, industrial, and agricultural uses.

Zoning is of particular importance to agriculture in that it can be used as a tool to help preserve farmland and agricultural practices. It also can help reduce farm/non-farm conflict by locating land uses/development to areas in which they are best suited.  Many zoning ordinances, however, are written in a manner by which development is allowed or encouraged in agricultural districts.

Fiscal Impacts of Land Use

Land use is directly tied to net fiscal impacts on local governments and school districts. Some land uses generally produce significant tax revenue, but they in turn require significant services that results in high expenditures. This will result in a net fiscal loss for the local municipality and school district. Conversely, some land uses generate limited tax revenue, but require limited municipal and school district services.  The result is a net fiscal gain for the local municipality and school district.

According to a Penn State Extension publication:Fiscal Impacts of Different Land Uses The Pennsylvania Experience in 2006 authored by Dr. Timothy Kelsey and published in 2007, “residential land generally costs local taxpayers, while commercial, industrial, farm, and open lands help taxpayers by paying more than they require back in services. These results are consistent with other states’ experiences and with other Cost of Community Service studies from across the country, including twelve similar studies conducted in Pennsylvania during the 1990s.”

While overall fiscal impacts are not the only factor to be considered when local officials and community members consider current and future desired land uses, it is helpful in evaluating what the impacts may be if uses such as farmland/open space are lost.

Transportation

Agricultural businesses and industries require a safe, reliable, and efficient transportation system to support the production, distribution and sale of their products or services. Careful transportation planning, construction and maintenance is necessary to keep agriculture viable. To assure that transportation related decisions consider the needs of and impact on agriculture, it’s important for those in the agricultural community to understand how such decisions are made, and to provide input as applicable.

There are a number of overall items that should be examined when considering the adequacy of a transportation system that services agricultural uses. These can include:

• Is the road or bridge of adequate width and design? 
• Is it safe? 
• Can it handle current and future traffic flow? 
• Is it well maintained? 

There are additional agricultural specific items for consideration related to the impacts of roadway construction/upgrades. These can include:

• Will farmland be dissected in a manner that will not allow direct or safe access? 
• Will it take away from a critical mass of adjoining agricultural lands?
• Is there proper signage for agricultural equipment?
• Will prime or important agricultural land be taken?
• Does the roadway design provide for various modes of transportation including bicycles and horse and buggy?
• Will resulting traffic flow and access provide unwanted pressure for future agricultural land conversion?

The transportation network in Pennsylvania is the responsibility of various levels of government. The bulk of roads in Pennsylvania are owned by the state or the local municipality. This is reflected in the fact that of Pennsylvania’s 120,852 linear miles of highway, 78,309 are owned by local municipalities, and 41,744 are owned by the state. (Pennsylvania Highway Statistics, 2020 Highway Data, Pub. 600 (9-21))

How roads are planned and maintained differs somewhat based upon the level of ownership, as well as the funding source(s). For locally owned and funded municipal roads, (township, borough, town, city) decisions are normally undertaken at the local level with public input received through regularly scheduled and advertised public meetings. While counties normally do not own roads, they can own and maintain bridges.

For state roads, planning is coordinated through regional planning organizations, designated as a Metropolitan Planning Organization (MPO) or a Regional Planning Organization (RPO). This designation is dependent on the level of urban centers within their boundaries. These organizations develop official plans by which funding is provided and timelines are set for transportation upgrades or new construction. These plans are applicable for state roads and bridges. They also may include county bridges or local roads/ bridges based upon requested funding. Public input for these plans can be through regularly scheduled MPO/RPO meetings or during the designated public comment period when plan updates are completed. More information can also be obtained by contacting your regional PennDOT Office.

MPO & RPO Contacts

Regional PennDOT Offices

Water Supply & Sewage Disposal

Local municipal officials are tasked with planning for public and/or on-lot water and sewer within their boundaries. The current and future availability of public water and sewer services can have mixed impacts on the agricultural community. Such facilities can serve suppliers, processors, and agribusinesses. 

Expansion of public water and/or sewer can also increase development in areas that have traditionally been agricultural and contributed to reattaining a critical mass of farmland and producers.

Educational Facilities/Services

An education system that prepares people for work in the agricultural field is an important part of the supporting infrastructure system for the agricultural industry. In Pennsylvania, there are overall set academic standards. However, local school districts can tailor programs to local student and community needs, provided they are in accord with standards and regulations.

Pennsylvania is home to 500 school districts that are led by local school boards. Input into local curriculum, programs and policies can be directed through the school board, as their duties include:

• determining the long-range plan and priorities for the school district
• policy making, planning, monitoring, and evaluation
• responding to complaints and suggestions of residents
• establishing policies that direct the instructional and support programs.

The importance of agricultural education has been recognized by the Pennsylvania General Assembly.

In 2017, it amended the Public-School Code of 1949 to establish a state Commission for Agricultural Education Excellence to assist in developing a statewide plan for agricultural education and coordinating implementation of related agricultural education.

In its May 2020 Report to the General Assembly, the Commission provided recommendations for K – 12 education in Pennsylvania. Among these recommendations were:

• Continue to support ways to make the system more relevant to the agriculture and food Industry
• Use industry feedback to identify gaps that may exist in curriculum, particularly caused by technology advancement.
• Engage students earlier and more completely in agriculture literacy and education during their academic careers.

Information on local school boards can be located at the Public Schools web site:

Support Businesses, Workforce

The agricultural industry in Pennsylvania consists of multiple layers. It is not only the farmers producing agricultural products, but the businesses supplying the farmers with needed equipment, finances, supplies and knowledge, as well as the processors preparing various products for consumers.

In Pennsylvania, one in 15 jobs are related to the agriculture and food industry. There were just over 70,000 farm operators with farming as their primary occupation in 2017 but there are nearly 500,000 people employed in the agriculture and food industry in jobs that are as diverse as farmers to foresters and from mechanics to agronomists and veterinarians. (Commission for Agricultural Education Excellence, Report to the General Assembly, U.S. Department of Agriculture, 2017 Census of Pennsylvania)

The loss of the support industries like the equipment dealer(s) has a long-lasting impact on the farmers. For example, if a farmer grows a crop with little or no equipment support, they will need to travel long distances to purchase parts or new equipment. They either need to travel or have the necessary items shipped to them, increasing downtime and costs. Many crops are perishable and increasing harvest by a day or more reduces crop quality, impacting income.

If a dairy farmer needs a part for their milking system and cannot milk the cows on time, the herd health will impact the milk quality dramatically, impacting income. Likewise, for a grain farmer, if the combine needs a part that is not in the vicinity of the farm, the harvest will be delayed, and if severe weather hits, grain quality declines. These are reasons agricultural production is more concentrated in certain areas. The lack of supporting businesses impacts the profitability of farms. 

Equipment dealers and processors also need skilled labor to operate their businesses. Today’s equipment is more complex and technical than in the past. Much like automobiles, tractors and equipment have onboard computer panels that help operate the equipment at maximum efficiency. Mechanics need to be highly skilled in the technical aspects of the equipment to be sure it works at optimal capacity. Processors face the same challenges with innovations in food processing and safety.

Communication and collaboration are essential between the agricultural community and local and regional economic development agencies and organizations, chambers of commerce, planning agencies, and elected and appointed officials. Such actions help to make known and promote agricultural needs, as well as the benefits that agriculture offers.

Communication Systems

In today’s business environment, it’s important to have up to date and reliable telecommunications available. This allows agricultural producers to stay current with suppliers, customers, market conditions, regulators and colleagues. A lack of broadband internet service puts agricultural producers and related businesses at a disadvantage. 

Research into the availability of broadband is possible through logging into the Pennsylvania Broadband Map.

Once on the site, zoom to your location and look for service providers (use the full screen version for full function capability). Once you have found the provider(s), contact them as to broadband possibilities. Additionally, communicating with your county commissioners may provide options for partnerships.

Summary

The infrastructure that currently supports agriculture has changed over time and will need to change in the future. These changes will not only be required in the form of increased capacity, but technological advances as well. Such changes are not automatic, solely public or private, or decided upon in a vacuum. They will need a planned, educated, engaged, and coordinated effort from the many stakeholders of the agricultural industry. This includes agricultural producers, processors, and consumers as well as policy and decision makers behind the programs and processes that impact