Land Trusts
Land access and securing a long-term lease continues to be a top impediment for beginning farmers. However, there are many local land trusts working to protect land statewide, to protect a significant amount of acreage, which can offer land opportunities to beginning meat producers in need of additional pasture.
- Land trusts are increasingly interested in not just preserving land they own as natural and scenic areas, but utilizing the land for agriculture. Animal agriculture adds a public attraction as well.
- Many of these trusts have acquired prime agricultural land which may include a well, cleared pasture, or some infrastructure on-site. However, it’s best to never count on existing infrastructure.
- Due to the shared agricultural-use interest, some land trusts can offer very favorable rates well below market value. They may be also open to work trades in place of lease payments or in conjunction with lease payments, such deducting the valuing of labor, equipment hours, or property improvements from payment..
- Livestock may be adaptable to different size acreage. Farmers can benefit from extended grazing even if a small amount of acreage is available by practicing seasonal grazing. However, if permanently on land, expect 2.5 acres of grazing land to support a cow & calf.
- Livestock are adaptable to less desirable areas such as poor soils or areas unsuitable for cultivation. For example, goats can help clear understory debris and remove secondary tree growth for transitional areas, reducing the land trust’s management and input costs.
- Livestock are a key component in cultivating regenerative agriculture.
- Cattle can utilize a variety of forages, goats on overgrown areas, sheep on sensitive areas.
- Understand the greater vision/plan for land trust (if you are expected to transition to natives, are you expected to obtain or maintain organic certification, etc). Pay attention to the agreement.
- Be clear on land lease agreements as to exclusivity of use or terms of shared use.
- If possible, develop a lease with the land trust over a license agreement to use the land. A lease agreement grants exclusive possession of the area based on agreed upon conditions being met whereas a license agreement grants permission to use property (meaning the land is not exclusively in the farmers control, other farmers could be added to that land, etc). However, both options can work. If a User License agreement is enacted, include language describing what fields are exclusively reserved for the User. Additional fields may also be used for temporary grazing not under exclusive use. See User License Agreement template below. .
- ANDREW, INSERT LIABILITY SCENARIOS – USER LICENSE VS. LEASE when working with land trust
- Signage and public access. Consider putting signs at agreed locations such as “Please do not call to, try to feed or otherwise molest livestock.”
- If possible, develop a lease agreement for a minimum of 3 years as beginning livestock producers need long-term commitment to make infrastructure investments. Pasture improvements can take years to implement and require longer turnover times to bring that animal to market. For ex, Cattle: 3 years, Pigs: 1 year, Lambs/ goats- 1.5 years.
- A “trial” period can also be employed before a lease begins.
- Consider a price per acre per year versus a flat annual rental rate when dealing with livestock producers as they will need more acres as they expand. Set a value to your exclusive acreage versus flash grazing acreage and the value should include the condition of the acreage. For example, if you have water, power, fencing then you might charge $30-$40/acre and if it’s a less desirable field it might be more like $10/acre.
- Develop a plan for the tenant to “work off” their debt or annual rental rate. Labor improvements at an agreed upon hourly rate is a great way to make the land arrangement affordable and those improvements should be carried forward if upfront investment is needed. For example, if a farmer invests $10k into site improvements in year one, the farmer works with the land trust to carry that investment forward, such as capturing up to $x/yr to be applied to rent for the life of lease, etc. See sample User License Agreement for details.
- If leasing part of property – define process for expanding access on other parts of property
- Clearly outline the process for settling disagreements.
- Permitted Uses – Properly identify limited use/ off limits areas- these may be outlined in the grants that funded the conservation easements.
- Look for a business model that fits within vision of the property and establish a grazing plan to determine carrying capacity.
- In shared use areas – Make sure protocols are in place to prevent cross contamination of crops and outline a pecking order of tenants to priority use.
- Maps, maps, and more maps of the area- clearly define use areas and areas of responsibilities.
- Take soil samples.
- Establish adequate infrastructure requirements such as fencing, well, waterlines, electrical and handling facilities and be sure to outline responsibilities on who is responsible for maintenance, repair, and/or replacement.
- Provide clean water to keep animals out of streams.
- Insurance requirements. Many of these protected areas are incorporated into parks, farm incubators, and multi user landscapes so some conservation properties may have higher insurance requirements.
Case Studies
Check out beginning farmers in North Carolina who are using Land Trusts to produce more:
