Cultivating Urban Ag (JI-205) - Pace University

12/5/2013

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Overcoming Barriers to

Cultivating Urban Agriculture

Land Use and Sustainable Development ConferenceLeading Communities Toward a Resilient Future

December 6, 2013

Speakers

Jeffrey P. LeJava, Esq.Managing Director of Innovation

Land Use Law Center

Pace Law School, White Plains, NY

Jennifer Rushlow, Esq.Staff Attorney and Director of the

Farm & Food Initiative

Conservation Law Foundation

Boston, MA

Madeline Fletcher, Esq.Consulting Director

Newburgh Community Land Bank

Newburgh, NY

Jennifer Schwartz BerkyPrincipal

Hone Strategic, LLC

Kingston, NY

What is Urban Agriculture?

� Activities involved in the planting,

cultivation, processing, marketing, distribution and

consumption of food in urbansettings.

� Includes community gardens, personal gardens, rooftop farms,

commercial greenhouses, farmers markets, community supported

agriculture (CSA) operations, and apiaries among other activities.

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Urban Agriculture Trends

� Between 1994 and 2011 the number of farmers' markets in the U.S. grew by over 300%

� 15% of the world’s food is

now grown in urban areas according to the U.S. Department of Agriculture

Benefits of Urban Agriculture

� Health

� Economic

� Environmental

� Social

Concerns with Urban Agriculture

Generally stem from three issues:

� Effect on neighboring properties –noise, odor, safety, parking, traffic.

� Past property use – soil contamination leading to toxic exposure.

� Resource inputs – water, fertilizer, including manure, pesticides.

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Why Take on Urban Agriculture?

▪ Neighbors generally favor agricultural activities, even if not expressly a permitted use in residential zones.

▪ Community or shared gardening efforts may already exist complete with system for distributing harvest.

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Urban Agriculture Policy

in Boston, MA

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Jennifer Rushlow

Staff Attorney,

Director of Farm & Food Initiative

CONSERVATION LAW FOUNDATION

Pace Land Use Law Center Annual Conference, December 6, 2013

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Our Work in New England

• Since 1966, we have worked for a healthy

thriving New England – for generations to come.

• We deploy the law, science, and the market to

develop solutions to New England’s toughest

challenges.

• Healthy communities and a clean environment -

for all.

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FARM &

FOOD

INITIATIVECONSERVATION LAW FOUNDATION

New England’s food system is an entry point to our region’s

most pressing environmental and health issues.

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Growing Green:

Measuring Benefits, Overcoming Barriers, and Nurturing

Opportunities for Urban Agriculture in Boston

http://www.clf.org/growing-green/

The Promise of Urban Agriculture

• Urban agriculture can provide economic, environmental, and human

health benefits to the communities in which it is practiced.

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Image Credit: NatalieMaynor via Flickr

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BostonMayor's Office of Food Initiatives - est. 2010

Directives:

1. Increase access to healthy and affordable food in schools, farmers markets, and stores. Educate the public about healthy choices, and promote food benefits to reduce hunger and obesity;

2. Expand Boston’s capacity to produce, distribute and consume local food through urban agriculture and distribution models to supply schools and local businesses;

3. Build a strong local food economy through financing and supporting local food retail and distribution businesses; and

4. Expand private and public partnerships to advance the food agenda.

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Boston: Background

– Phase 1Pilot Urban Agriculture Rezoning Project – Fall 2010

– Urban Agriculture Overlay District:

• 2 city-owned (DND) parcels in South

Dorchester/Mattapan

• Request for Proposal (RFP) to prospective farmers

– ReVision Urban Farm & City Growers

• 5 year leases

– Community process:

• BRA says, “Extensive community participation

including five community meetings and regular

dialogue with community leaders was involved in the

rezoning process.”

• Some saw it differently.

– City Councilor Yancey (Dorchester)

– Health concerns – was an oil company on one site15

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Boston: Process – Phase 2

Citywide Rezoning Initiative - Process

– Mayor’s Urban Ag Working Group

• Advise and guide BRA on zoning recommendations

• Farming advocates, experts and interested citizens

• Monthly meetings for a year, open to public

– Community feedback

• 11 neighborhood meetings in June and July

• Presented draft Article 89, took feedback

– BRA revised draft based on feedback

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Boston: Contents of “Article 89”

• Commercial farming

– Gardening currently allowed, but not commercial farming.

– Profit and non-profit.

• Urban Farms – Sizes

– Allowed as of right up to 1 acre in all districts.

– Over 1 acre requires CFR in all districts (except industrial)

• Comprehensive Farm Review (CFR)

– New process. Less onerous than special permit.

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• Boston Public Health Commission - Soil Safety Protocol

– Initial draft drew fire; public meetings helped

– CLF commented with farmers: soil testing and native soil

requirements too onerous, lead level (150 ppm) unrealistic.

• Composting

– Critical for urban land

– BRA wanted to avoid composting as primary use

– Percentage of lot too small

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Hens/Bees as Accessory Use

– Only non-commercial element

– Does NOT establish whether allowed; only dimensional

requirements if allowed.

– DOES establish parameters if allowed

– 6 hens/lot; 2 hives/lot, or 3/urban farm.

– No slaughtering.

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Aquaculture/Aquaponics/Hydroponics/Freight

– Aquaculture = fish

– Aquaponics = fish + plants

– Hydroponics = plants in water + mineral solution

– Freight = Climate controlled

– Allowed, but mostly in commercial and industrial

districts, may require special permit.

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Farmers Markets/Stands

– Access critical – but retail land uses controversial

– Market = more than 1 grower

• Only where retail allowed by district. Otherwise, special

permit.

– Farm stand = 1 grower

• Formerly allowed only where retail permitted.

• Changed in response to comments: now one 200 sq. ft. stand

permitted where urban farms allowed

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Conservation Law Foundation: www.clf.org

CLF’s Farm & Food Initiative: http://www.clf.org/our-

work/healthycommunities/food-and-farm-initiative/

Growing Green Report: http://www.clf.org/growing-green/

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Jennifer Rushlow

Staff Attorney

Director of Farm & Food Initiative

Conservation Law Foundation

617-850-1763

[email protected]

Photo Credit: City Growers

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What’s Cooking in Newburgh, NY2011-2013

COMMUNITY FOOD ASSESSMENT

-What are residents eating?

-How much are the paying?

-What are the barriers to obtaining

fresh, healthy, local food?

RESULTS:

Transportation plus an

information/knowledge gap is

contributing to poor diet in the City of

Newburgh.

PLAN:

Increase the availability of fresh

healthy food, and enable residents to

“grow their own”http://www.reeis.usda.gov/web/crisprojectpages/0225529-

newburgh-food-and-urban-gardens-planning-project-a-planning-

process-to-find-sustainable-food-security-solutions-in-the-city-of-

newburgh-ny.html

Other Support for Urban Ag

2008 Comprehensive Plan:

*Sets goal of 10% of food to be

produced within city

*Encourages community

gardening

Land Bank:

*Policy of acquiring vacant land and

preserving for green uses

*Green space incorporated into

neighborhood redevelopment plans

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• Identify Vacant Land suitable for gardening

• Windshield Survey

• Soil Testing

• Community Asset Mapping

Step 1: INVENTORY

• Political– Questions regarding use

– Liability concerns

– Nuisance concerns

• Community– Introduce concept

with Pilot Garden;

offer workshops

– Bring together diverse

groups

– Build capacity

Step 2: BUILD SUPPORT

• Community Garden and Food System Knowledge

– Glynwood (Farming)

– Cornell Cooperative Extension (Community Nutrition Education &

Gardening)

• Institutional Capacity

– Newburgh Armory Unity Center (Youth Programming & 12+acres)

– Greater Newburgh Partnership (Clean & Green)

– PathStone (Leasing, Americorps coordination)

– Downing Park

Step 3: IDENTIFY PARTNERS

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• Lack of clear garden regulation

• No chickens, livestock

• Composting questionable

• Small lots with high lead level

Step 4: IDENTIFY BARRIERS

• Create center for Urban Agriculture

– Activity coordinated out of Armory

• Capacity building program for community

groups to create neighborhood gardens

• Land Bank acquisition strategy for green uses

• Build partnerships, development strategy

• Encourage adoption of formal local policies

and ordinances.

Step 5: MAKE A PLAN

For more information contact:

Madeline Fletcher,

Consulting Director

Newburgh Community Land Bank

[email protected]

THANK YOU!

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KINGSTON

URBAN

AGRICULTURE

PLANNING

AND ZONING

STUDY

Jennifer Schwartz Berky, Principal

Hone Strategic, LLCUrban Planning & Historic Preservation

Kingston Urban Agriculture Project

A Crisis of Health and Place

• more than 1 in 5 children lack

“adequate food to meet basic nutritional

needs”

• 17.4 percent “low-income” and “low-

access”

• 1/5 in poverty

• 44 percent overweight or obese

The Situation

An Analysis of Food Deserts in Kingston, NY

An Opportune Moment

Kingston Urban Agriculture Project – Timeline

Burgevin

FloricultureBuzzanco’s

Farm

1652 1852 1900 c.1950-1994 2008-2013 2025

I -87,, IBM and “urbanization in Kingston

2000

2007

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Social Empowerment and Wellness


Burgevin

FloricultureBuzzanco’s

Farm

1652 1852 1900 c.1950-1994 2008-2013 2025


2000

2007

Economic Resilience

Urban Ag Study Focus Area

• Economic Empowerment + Local Food Systems Change

•Jobs•Food security


Burgevin

Floriculture

1652 1852 1900 c.1950-1994 2008-2013 2025


2000

2007

Buzzanc

o’s

Farm

• Jobs• Food security

Social Resilience


Economic Resilience



Burgevin

Floriculture

1652 1852 1900 c.1950-1994 2008-2013 2025


2000

2007

Buzzanc

o’s

Farm

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Burgevin

Floriculture

1652 1852 1900 c.1950-1994 2008-2013 2025


2000

2007

Buzzanc

o’s

Farm

Zoning Incentives for Urban Ag + Stormwater

= Environmental AND Economic Resilience

Green Infrastructure




Burgevin

Floriculture

1652 1852 1900 c.1950-1994 2008-2013 2025


2000

2007

Buzzanc

o’s

Farm

To learn more about this study as it develops, “follow” our work at

www.grow-kingston.organd “like” Urban Agriculture in Kingston, NY on

Facebook

Urban Ag Study

Jennifer Schwartz Berky, Principal845�389�2404

[email protected]

www.honestrategic.com

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Overcoming Barriers to Cultivating Urban Agriculture

Land Use and Sustainable Development ConferenceLeading Communities Toward a Resilient Future

December 6, 2013

Documents

Cultivating Urban Ag (JI-205) - Pace University