The Williamson Act (Government Code Section 51200 et seq.) is
a legislative effort to preserve open space and agricultural
land. The Act discourages premature urbanization and prevents
persons owning agricultural or open space lands near urban areas
from being forced to pay real property taxes based on the greater
value of that land for commercial or urban residential use.
Under the Williamson Act, cities and counties may, but are
not required to, establish "agricultural preserves,"
i.e., areas devoted either to agricultural use, recreational
use, or open space use, and uses compatible therewith, by
executing voluntary contracts with property owners restricting
land use for an initial term of no less than ten years. The
contracts are automatically renewed each year unless a notice
of nonrenewal is given. By agreeing to restrict the use of
the land, the landowner receives a reduced property tax assessment
based upon the value of the land for its current use rather
than its market value.
The required term of no less than ten years, automatically
renewed annually, was intended to guarantee a long-term commitment
to agricultural and other open space use, to deny the tax
benefits of the Williamson Act to short-term speculators and
developers of urban land, and to ensure compliance with the
constitutional requirement of an "enforceable restriction."
An agricultural preserve shall consist of no less than the
following minimum acreage:
-
- 10 to 40 acres for prime agricultural land if surrounded
by or substantially surrounded by or contiguous to other
agricultural preserve lands;
- 40 acres or more for prime agricultural land;
- 40 to 160 acres for non-prime agricultural land if surrounded
by or substantially surrounded by or contiguous to other
agricultural preserve lands;
- 160 acres or more for non-prime agricultural land; provided
that in order to meet this requirement, two or more parcels
may be combined if they are contiguous and if they are in
common ownership or use; and further provided that, in order
to meet this requirement, land zoned as timberland production
pursuant to Government Code Section 51100 et seq. may be
taken into account.
The Board of Supervisors may, upon recommendation of the
Review Committee, allow the establishment of preserves of
less than the minimum acreage specified above if information
is furnished by the property owner with his or her application
indicating that investments in land, improvements, or specialized
agricultural equipment have enhanced the productive capability
of the land, or that the investment has been made to improve
its characteristics as wildlife habitat land, or that the
unique characteristics of the agricultural enterprises in
the area indicate that an operation of less than the minimum
acreage is an economic "commercial agricultural unit"
and that the agricultural preserve of less than the minimum
acreage is consistent with the General Plan of the County.
In addition, the property shall be of sufficient acreage to
constitute a "commercial agricultural unit."
A "commercial agricultural unit" is defined as
a quantity of land utilized in combination with investments
in land, improvements, and specialized agricultural equipment,
to produce, or which is capable of producing from the sale
of agricultural products, a minimum gross annual income of
$2,000.00.
Agricultural land not used or operated by the owner, or which
produces insufficient income to qualify as a commercial agricultural
unit, may be included in a preserve and be eligible for a
contract if it is leased to an agricultural operator for agricultural
production purposes and returns rent sufficient to cover all
operating costs attributable to the ownership and maintenance
of the property, i.e., property taxes and insurance.
An agricultural preserve contract may be terminated by either
nonrenewal or cancellation.
When a Notice of Nonrenewal is given, the contract will expire
ten years from the last annual renewal date (twenty years for a Farmland Security Zone contract). Property taxes
gradually return to the level of taxes on comparable nonrestricted
land as the term of the contract draws nearer to expiration.
Use of the land remains restricted until the contract expires.
Nonrenewal does not change the zoning of the property.
Cancellation of an agricultural preserve contract is disfavored.
When approved by the Board of Supervisors after a public hearing,
cancellation becomes effective upon the payment of a cancellation
fee and the recording of a Certificate of Cancellation. Cancellation
does not change the zoning of the property.
Agricultural Preserve/Farmland
Security Zone Application Information
To Contact The Board
Please address all correspondence and other items to:
County of Madera
Board of Supervisors
Supervisor (Name)
200 West 4th Street
Madera, California 93637
Map this location for me
By Telephone (559) 675-7700
By Fax (559) 673-3302
By Email
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