The Challenge: Keeping Farmland in the Hands of Farmers

Like many states across the U.S., Rhode Island is facing farmland loss due to intense development pressure. Between 2001 and 2016, 4% of Rhode Island's agricultural land was lost to development, representing a loss of up to $3.7 million in annual revenue.[[1]] Additionally, Rhode Island has the most expensive farm real estate in the country, averaging $22,000 per acre.[[2]]

In an effort to protect farmland from development and to make farm real estate accessible, the Rhode Island Department of Environmental Management (RI DEM) created the Farmland Access Program in 2014. The program aims to support the growth of the state's agricultural economy by providing affordable access to farmers and ensuring the remaining farmland stays in agricultural production.

How the Buy-Protect-Sell Model Works

The Farmland Access Program operates on an innovative Buy-Protect-Sell (BPS) model, which structurally decouples the land's development value from its agricultural value, making it affordable for farmers.

The Five-Step BPS Process

1. Acquisition: Farmland is purchased by RI DEM from a willing seller at fair market value. The property is then conveyed to the Rhode Island Agricultural Lands Preservation Commission (ALPC) to oversee the resale of the property.[[3]] RI DEM can also subdivide the purchased farm property to create smaller, more affordable parcels to sell.[[4]]
2. Protection: An affirmative agriculture easement is placed on the property, ensuring it permanently remains in agricultural use only.[[5]] This is the core "protect" step, where the development rights are legally severed.
3. Soliciting Proposals: RI DEM solicits applications from prospective farmer-buyers for the purchase of the protected farmland.
4. Buyer Selection: The State Farmland Access Advisory Committee evaluates proposals from potential farmer-buyers and scores their applications according to an established scoring system. The Committee then recommends a farmer-buyer to the Director of RI DEM.[[6]]
   • The scoring system accounts for agricultural experience, farm business experience, farm plans, financial readiness, and demonstrated need for farmland.
5. Resale to Farmer: The property is sold by ALPC to a farmer-buyer at a price that reflects the loss of non-agricultural uses.[[7]]
   • The resale price is set at no less than 10% below and no more than 10% above the appraised current agricultural value of the farmland. The value of development rights lost from the easement is covered by RI DEM.

BPS vs. Traditional Conservation Easements

Both BPS and standard agricultural conservation easements restrict development on farmland, protecting the land from development pressure and reducing the cost of purchase for future owners.

The essential difference is the BPS program's use of an affirmative agricultural easement, which includes the right to require active farming on the property. This ensures that the property remains in active agricultural production under all future owners, which is typically not a requirement of a standard conservation easement.[[8]]

Division of Rights Under a Conservation Easement (Simplified):[[9]]

• Landowner Rights
• The right to a home
• The right to use existing farm buildings
• The right to farm under certain conditions
• The right of access
• The limited right to timber
• The right to exclude others from the property
• The right to sell or rent the property

In a BPS program, the buyer (RI DEM) acquires the land inclusive of all rights, then places the affirmative agricultural easement, and finally sells the land minus the value of the development rights it now holds in perpetuity.

Funding Sources

The Farmland Access Program is primarily funded by federal grants and a series of state bond funds. The program has received funding from state bond measures in 2014, 2018, 2021, and 2024. The Agricultural Lands Preservation Commission (ALPC) oversees the program and leverages funding from local land trusts, The Nature Conservancy, and other NGOs to match state bond funds.[[10]]

Lessons for Local Governments

A buy-protect-sell program can be highly beneficial for communities facing farmland loss, an aging farmer population, and high farmland values that prevent new farmers from accessing land ownership.

Rhode Island has learned that there is a high demand for farmland from new and beginning farmers, but existing established farmers are generally not looking to sell or lease land to them; they are looking to expand their own operations. This high demand and limited supply creates major competition in the market for land. While BPS programs offer a great solution to ensure farmland stays in agricultural production and new farmers can afford to purchase land, there must be a feasible market for the program to be most beneficial.

Additionally, purchasing and selling farm properties as a government body is a long and somewhat complicated process. Working with land trusts to perform infrastructure maintenance during the holding period can help address this challenge. Purchasing and selling farmland without existing structures can reduce the complexity of the deed process, but consideration must be made for allowing the construction of agricultural structures in the deed restriction. Attention should also be paid to zoning regulations regarding housing, which can provide an innovative solution to affordable housing issues and farmworker housing needs.

Why Adopt the Farmland Access Approach?

The Farmland Access Program isn't just about protecting land; it's about protecting the future of farming. By keeping farmland in agricultural production and lowering barriers to ownership, it supports:

• A sustainable agricultural economy by preventing farmland loss and ensuring local food production.
• Intergenerational farm transfer by helping retiring farmers sell their land while ensuring it remains accessible to new farmers.
• Equity in land access by prioritizing young farmers, Black farmers, Indigenous farmers, and other historically marginalized groups who face systemic barriers to land ownership.

Rhode Island's approach offers a clear and scalable solution for local governments across the U.S. seeking to combat development pressure and sustain their agricultural economies.

KEY LEGAL INSTRUMENT: Statutory Text

Rhode Island General Laws § 42-82: Farmland Preservation Act

250-RICR-110-00-8

Title 250 – Department of Environmental Management

Chapter 110 – Planning and Development

Part 8 – Farmland Access Program Rules and Regulations

References

[1] Julia Freedgood, Mitch Hunter, Jennifer Dempsey, Ann Sorenson, "Farms Under Threat: The State of the States," Farmland Information Center, American Farmland Trust, May 13, 2020, https://farmlandinfo.org/publications/farms-under-threat-the-state-of-the-states/

[2] "2024 Agricultural Land: Land Values and Cash Rents" (October 2024). USDA NASS Highlights No. 2024-8. https://www.nass.usda.gov/Publications/Highlights/2024/2024LandValuesCashRents.pdf

[3] Michelle Sheehan (RI DEM State Land Conservation Program Supervisor) in discussion with the author, April 2025.

[4] “Subdividing Farm Properties into Smaller Farm Parcels,” Farmland Access Program Rules and Regulations. § 250-RICR-110-00-8.7. https://rules.sos.ri.gov/regulations/part/250-110-00-8

[5] “Restrictions on Purchased Farm Properties,” Farmland Access Program Rules and Regulations. § 250-RICR-110-00-8.12. https://rules.sos.ri.gov/regulations/part/250-110-00-8

[6] “Soliciting Farmer-Buyers,” Farmland Access Program Rules and Regulations. § 250-RICR-110-00-8.9. https://rules.sos.ri.gov/regulations/part/250-110-00-8

[7] “Soliciting Farmer-Buyers,” Farmland Access Program Rules and Regulations. § 250-RICR-110-00-8.11. https://rules.sos.ri.gov/regulations/part/250-110-00-8

[8] This is a simplified illustration of the division of rights in a conservation easement deed. In reality, conservation easement deeds have much greater detail on specific circumstances under which rights can be used and by whom.

[9] "Conservation Easements," Farmland Access Legal Toolkit, Center for Agriculture & Food Systems, Accessed February 27, 2025 https://farmlandaccess.org/conservation-easements/

[10] "Farmland Preservation," Rhode Island Department of Environmental Management. Accessed February 27, 2025 https://dem.ri.gov/natural-resources-bureau/agriculture-and-forest-environment/agriculture/farmland-preservation