1. Brownfields 2011 April 5, 2011, Philadelphia PA Brief Summary of the Status of Urban Agriculture Ordinances and Codes by Ken Kastman, P. E. URS Corporation

2. Much Activity and Energy has been Focused on Developing Rational Ordinances Each community and state have different issues … but many issues are common Key concern is how to deal with scale of size from a small garden to a large urban farm Few codes deal with environmental conditions Process takes time and patience

3. Key Ordinance Issues Concerning Urban Agriculture Definitions Sale of Produce Land Ownership/Leases Property Taxes Environmental Conditions Land Review and Permit Fees On-site Facilities and Processes Legislation Overriding Community Codes

4. This presentation summarizes a few community initiatives within the two past years

5. Communities with Current Initiatives Regarding Ordinance and Code Changes Bloomington, IN Chicago, IL Cleveland, OH Detroit, MI Denver, CO Madison, WI Miami, FL New York, NY Philadelphia, PA Portland, OR San Francisco, CA Seattle, WA

6. Cleveland - Pilot Demonstration (Government employment initiatives) Three year $1.1 million urban farm pilot program in the Kinsman neighborhood Joint venture of the City of Cleveland, Ohio DA, USDA, and the Ohio State University Extension Service Six acres of land Trains 20 local residents to grow crops they can sell for profit to local schools, restaurants and farmer’s markets; each resident gets ¼ acre to farm Soil will be tested for hazardous substances Source: Cleveland.com, October 28, 2010

7. Bloomington - Updated code (Definitions) “Urban Agriculture - Urban agriculture includes backyard gardens, container gardens, edible landscapes, residential greenhouses, herb gardens, rooftop gardens, berry patches, vegetable gardens and other activities. Does not include the raising of animals, except as permitted. Other issues: ◦ Combined area of structures shall not exceed 15% of the community garden site lot area ◦ Hours between 5:00 AM and 11:00 PM ◦ Trash must be removed at least once a week ◦ Lot area > 15,000 sq ft shall provide 1 parking space for each 2,000 sq ft > 15,000 sq ft. Source: Bloomington IN Municipal Code; adopted June 29, 2009

8. Detroit - Proposed Policy (Property value, permit fees and leasing) Sale land to small farms at reduced rates and reduced tax rate Sale land to large farming operations - must commit to “tangible and measurable benefits” to receive similar tax breaks Land reverts back to the City if underused Create a City of Detroit Agriculture Review Committee Create a Agriculture District Zoning Category Community garden and small farm - review and permit fees would be reduced Source: March 18, 2010 Urban Agriculture Policy Status Report

9. Detroit - Urban Agriculture Summit (State/community issues) Michigan’s Commission for Agriculture (MCA) and Department of Agriculture (MDA) need to be involved in rulemaking. Solutions could include: ◦ Legislation amending the Michigan Right to Farm Act to exempt urban agriculture ◦ Establish different GAAMP (generally accepted agricultural and management practices) within the MDA, or ◦ A new GAAMP for urban agriculture Property taxes and property assessment need to be addressed Source: Crain’s Detroit business, October 28, 2010

10. San Francisco - Planning Code Nears Reality (Facility and construction issues) Code creates an “Agricultural Use Category” with two sub- uses (Neighborhood Agriculture and Urban Industrial Agriculture) Allows sales between 6:00 a.m. and 8:00 p.m. Allowed to sell produce from their garden/farm (but cannot create a storefront or a defacto grocery store) Cannot sell value added foods (e.g., jams or baked goods) Compost areas must be set back at least three feet Wood or ornamental fences only Mechanized farm equipment prohibited (except during the initial preparation of the land) Source: Civil Eats, March 1, 2011 from February 17, 2011 Planning Commission Meeting

11. Madison – Draft Zoning Code Replaces 43-year Old Code (Scale of activities/approvals) Community gardens - allowed in any zone Market gardens – allowed, with a special approval Greenhouses and indoor fish farms - allowed with special approval in certain zoning districts. Urban agriculture - farming, composting, greenhouses, classroom spaces and continuing education - allowed with special permission Prohibits commercial production or farm stands on residential properties Source: Wisconsin State Journal, October 15, 2009

12. Chicago - Broad (Draft) Approach (Including commercial operations) Deals with large scale commercial operations (e.g., composting, hoop houses, vertical farms, zoning, parking) Considers soil contamination solutions Does not yet allow on-site produce sale Allows community gardens in multiple use zones (not just residential) Considers principal use vs. accessory use situations

13. LEED - Neighborhood Design Credit for Local Food Production (Private property initiatives) Minimum Garden Space by Project density Project Density (dwelling units/ acre) Growing Space (sq. ft. / dwelling unit) > 7 and < 14200 > 15 and < 22100 > 23 and < 2880 > 29 and < 3570 > 3560 Source: NPD Credit 13: Local Food Production, LEED ND 2009

14. Resources cc-cpc@detriotmi.gov cleveland.com/metro indianalivinggreen.com/farming-news-topics www.sfuaa.org/urban-ag-zoning-proposal www.urbanfoodpolicy.com/2011/01/chicagos- urban-agriculture-zoning zachary.clayton@cityofchicago.org Transformbaltimore.net APA Planning Advisory Services Jan 2011 codes

15. Thanks! Ken_Kastman@urscorp.com Ph: 312.697.7230 Ken_Kastman@urscorp.com Ken Kastman, V.P., P.E. URS Corporation Chicago, Il

16. Questions?