Farmland and Open Space Preservation

A township may promote farmland and open space preservation by addressing it in the township's master plan and zoning ordinance, through approvals of Farmland and Open Space Preservation Agreements providing tax benefits to owners of farmland (formerly "PA 116"), and by participating in purchase of development rights programs.

Farmland Preservation Web portal, Michigan Department of Agriculture
Includes information on the Farmland Preservation Program (formerly PA 116), conservation easements, the state purchase of development rights program and other topics regarding farmland maintenance and preservation

According to the MDA, the Farmland and Open Space Preservation Program consists of 5 methods for preserving farmland and open space:

• Farmland Development Rights Agreements  A temporary restriction on the land between the State and a landowner, voluntarily entered into by a landowner, preserving their land for agriculture in exchange for certain tax benefits and exemptions for various special assessments.  (commonly known as  PA 116).

  Click here for a copy of the PA 116 Farmland Preservation Eligibility Requirements and instructions.  A landowner who is interested in applying, files an application with the local governing body, i.e., city or village, the township if the township has adopted its own zoning ordinance, or the county for those townships which have not adopted a zoning ordinance. The local governing body has 45 days within which to approve or reject the application. Within this 45 days, the governing body must seek the comments of: the county or regional planning commission the soil conservation district a city if the land is within 3 miles of the city a village if the land is within one mile of the village. These agencies are allowed 30 days from the day of notification to forward their comments to the clerk of the local governing body. If approved, the application is forwarded to the Michigan Department of Agriculture, Farmland and Open Space Preservation Office. If the application is rejected, or if no action is taken by the local governing body, the applicant may appeal directly to the Michigan Department of Agriculture.   Click here for a copy of instructions for local governing body's completion of application.   This set of instructions is for use by local governing body officials in executing their responsibilities in processing an application for Farmland Development Rights Agreement.   Tax Credit Eligibility To be eligible for tax credits in a given year, the application to enter the program must be approved by the local unit of government on or before November 1st.

• Conservation Easement Donations
  A permanent restriction on the land between the State and a landowner, voluntarily entered into by a landowner, perserving their land for either open space or agriculture.
  
  
• Agricultural Preservation Fund 
  A fund established to assist local units of government in implementing a local purchase of development rights program.
  
  
• Local Open Space Easement 
  A temporary restriction on the land between the local government and a landowner, voluntarily entered into by a landowner, preserving their land as open space in exchange for certain tax benefits and exemptions for various special assessments.  Click here for a copy of the registration form.
  
  
• Designated Open Space Easement 
  A temporary restriction on specially designated lands between the State and a landowner, voluntarily entered into by a landowner, preserving their land as open space in exchange for certain tax benefits and exemptions for various special assessments.  If you are interested in requesting land be conserved in by applying for a Designated Open Space Easement, click here.
  
  
• Purchase of Development Rights 
  A permanent restriction on the land between the State and a landowner, voluntarily entered into by a landowner, preserving their land for agriculture in exchange for a cash payment for those rights.  Currently funding is not available for this program.  Contact your township or county to see if there is a local PDR program established.