Ohio's Agricultural District Program ensures agricultural producers of two things. One is that agricultural producers are not forced out of business of cities' and towns' outward growth; and second that the producers are protected from nuisance lawsuits which could be filed by individuals who have moved into new housing developments near an existing farm.

What is an agricultural district?

An agricultural district is an area of qualified land that is protected from many special assessments and some nuisance lawsuits. It is important that owners who are considering placing their land in an agricultural district realize they are making a commitment for five (5) years and that converting the land to a non-agricultural use before the end of that time carries an expensive penalty.

What are the benefits of agricultural district status?

In the majority of the cases, enrolling land in an agricultural district has these advantages:

1. deferment of any new assessments for improvements (such as water or sewer systems) as long as the land remains in the district;

2. legal protection against a nuisance lawsuit that is filed against any generally accepted agricultural practice used in the farming operation;

3. limited protection against the use of eminent domain;

4. protection from some zoning regulations.

What are the minimum requirements for forming an agricultural district?

A parcel of land that is devoted exclusively to agricultural use may be considered for agricultural district status if:

1. the land is composed of tracts, or parcels that total not less than 10 acres; or

2. the agricultural production activates conducted on the land produce an average      yearly gross of at least $2500 dollars during the three (3) calendar years prior to the year in which the application is filed; or

3. the land is devoted to and qualified for payments of other compensation under a federal land retirement of conservation program; and

4. the owner submits proof with the application that the land meets these requirements.

How do I apply for agricultural district status?

Any owner whose land meets the minimum requirements may file an application with their County Auditor's Office. There is neither a filing nor a renewal fee. 

If the land is located within a municipal corporation's boundaries, and additional application must also be filed with, and approved by, the city or village. back to top | back to faq's

When may I apply?

The initial may be made by the land's owner at anytime. back to top | back to faq's

When is the renewal date?

A renewal application may be filed anytime after the first Monday in January and prior to the first Monday in March of the year during which the agricultural district terminates. The renewal period ends on the first Monday in April of the fifth (5th) year following the renewal application. There is no penalty for not renewing an agricultural district filing. back to top | back to faq's

Who approves the application?

The County Auditor approves or disapproves applications for land that is outside a municipality. 

In the case of land within a municipality, the city or village must also approve, modify, or reject the application within 30 days after a public hearing on the application ( call your County Auditor for more information). back to top | back to faq's

What if my land is annexed by a municipal corporation?

If the owner did not sign a petition favoring annexation, or vote for the annexation, the land remains in the agricultural district, even through future application renewals.

However, if the owner either signs a petition favoring annexation or votes for annexation, or if the owner who opposed annexation has sold or transferred the land to another person who is keeping the land in the agricultural district, that land shall be subject to the rules pertaining to applications for land that is within a municipal corporation ( Ohio Revised Code 929.02 [B]). back to top | back to faq's

What's the penalty for withdrawal from an agricultural district?

As stated in 929.02 (D) of the Ohio Revised Code:

1. If the owner's action also disqualifies the owner's land for any tax savings that it had been receiving under sections 5713.30 to 5713.38 of the Revised Code [ Current agricultural Use Value Exemption ], the owner shall pay a percentage of the amount charged under section 5713.34 [ recoupment of tax savings on converted lands ] of the Revised Code that is equal to the average bank prime rate at the time the amount charged under that section is required to be paid. the withdrawal penalty shall be in addition to the amount charged under that section.
   

2. If the land had not been receiving any tax savings under those sections, or if the owner's action does not disqualify the land for tax savings under them, the owner shall pay a percentage of the amount that would have been charged ( under section 5713.34 [ recoupment of tax savings on converted lands ] of the Revised Code ) if the owner's land had been receiving tax savings and became disqualified for them in an amount that is equal to the average band prime rate at the time the amount that would have been charged under that section would have been required to be paid.

....The County Auditor shall calculate the amount of the withdrawal penalty that is due and shall notify the owner of it.

Early withdrawal means that all assessments that were deferred during the period the land was included in an agricultural district are immediately collectible. back to top | back to faq's

Is the agricultural district program the same as the Current Agricultural Use Value ( CAUV ) program?

No, but the land may be enrolled in either both programs by filing the application appropriate for each program. back to top | back to faq's