Hot News

5.24.05

By BRUCE HOTCHKISS

An attempt by the administration of Delaware Gov. Ruth Ann Minner to impose state-mandated land use regulations and controls on farmland in Kent and Sussex counties has ignited a firestorm of opposition across the state’s farm community.
Five initiatives of Gov. Minner’s proposed ”Livable Delaware” legislation have been labeled “devastating to our land values” by the Delaware Farm Bureau and State Ag Secretary Michael Scuse’s outspoken support of the legislation has attracted an angry call for his resignation from the Sussex County Farm Bureau.
Farm leaders charge that the initiatives, in whole or in part, constitute an unlawful “taking” of property and represent an intrusion into the traditional “home rule” land use authority of municipalities and counties.
The state Farm Bureau has distributed postcards to each of its 3,000 members asking that they be signed and returned to the state office by June 1.
With a signature on the postcards, the Farm Bureau member would formally register opposition to “any efforts by government that would reduce the fair market value of open farmland or limit a landowner’s ability to sell to the highest bidder”; would declare that member’s support of “home rule”; would declare opposition to “any law or regulation that takes away the decision-making ability from the governing bodies of any county”; and would ask Ag Secretary Scuse to oppose any legislation relating to the initiatives.
The signed postcards will be handed to Scuse at the next meeting of the state Farm Bureau board.
To this point, Scuse has stood solidly with the governor on her initiatives, promoting them in talks around the state, according to farm leaders, and leaving the impression , according to one farmer that “he (Scuse) doesn’t care about ag anymore.”
Reports continue to circulate that the ag secretary may be toeing the administration line because he has been asked by Lt. Gov., John Carney to be his (Carney’s) lieutenant governor running mate in 2008. Minner is serving her final term.
In a letter dated May 19, Robert Baker, state Farm Bureau president, seeks the help of state Sen. Thurman Adams, a long-time friend of agriculture in Delaware.
Alleging that passage of the various bills which would activate the Livable Delaware initiative “can damage the financial well being of our farm families,”, Baker wrote that “this type of legislation will do nothing but take away our rights as property owners and devalue our land.”
Baker detailed for Sen. Adams the Farm Bureau’s concerns with the initiative package.
“There are six separate bills or initiatives within the Governor’s Livable Delaware agenda, four of which are currently opposed by our organization: First, is to allow Wilmington to annex without New Castle County approval, require all municipalities to have a ‘certified’ comprehensive plan, and to give all muni(palitie)s the right to annex lands that are surrounded by that city, without the approval of those property owners. Second is a bill that will ban the use of community wastewater treatment (septic) systems in Level Four and some Level Three identified state spending areas. Third, is an initiative that would protect forestland by creating an Agricultural Forestlands Preservation Foundation by seeking owners of forests to submit to covenants much like how the current aglands process operates. Additionally, we have since learned the Delaware Forestry Association is also opposed to this legislation. Finally, a law that would permit the Department of Natural Resources and Environmental control to use ‘environmental easements’ that could be placed on lands to restrict their conversion to other uses. Used in an urban setting, this may be appropriate action by DNREC because of pollution, however, it is possible the bill could also be applied to agricultural lands to simply preserve open space or watershed designated areas.
“The Administration is seeking to push these agenda items in the closing weeks of session, without the due diligence bills like these demand. We strongly believe there is an overall movement by state government to fundamentally change where and how land use decisions are being made. We believe land use decisions should be made by ‘home rule’.
“If these bills are passed and taken in combination with currently proposed draft Pollution Control Strategies for the Inland Bays, the adopted Wellhead Protection and Source Water Protection Regulations, and the new Septic Regulations, the assault on private property rights is unquestionable. If state government is attempting to protect farmers from going out of business, the accumulation of current and proposed legislation and regulations coupled with the down-zonings in this legislative package is creating an atmosphere that is forcing farmers to sell out now, rather than continuing to farm and have their land values ‘taken’”.
Particularly troubling to the farm community is the draft legislation regarding wastewater and septic systems because of the down-zoning implied in those regulations.
Level Four areas, as cited by Baker in his letter to Sen. Adams, are primarily, agricultural lands, undeveloped natural areas, forested lands, parks and wildlife areas “and other sparsely populated properties of a rural character.” Thus, they are outside what are known as “growth areas” where public utilities are either provided or planned.
In a section entitled “Limitations on individual wastewater systems” in a draft of a “Livable Delaware” bill awaiting introduction is this provision: “For any subdivision over five units outside of designated growth areas, the maximum individual wastewater system density shall be one system for every four acres.”
At a standing-room-only meeting Tuesday evening, May 17, of the board of the Sussex County Farm Bureau — the first packed-house board meeting in the memory of veteran observers — the board voted unanimously to seek Secretary Scuse’s resignation and a letter to that effect was being written at last week’s end.
Scuse apparently heard of the Sussex County action on a local radio station the next morning and telephoned State Farm Bureau President Baker.
“He was upset. It’s an unfortunate situation,” Baker said. The ag secretary has been doing “a great job for agriculture in Delaware… but sometimes what is good for agriculture runs counter to what is good for the individual farmers. Sometimes the two are at odds.”
Agriculture in the state, of course, requires a given mass of viable land to make it work. On the other hand, the Farm Bureau has argued, that the way to preserve farmland, and to preserve agriculture, is to preserve the farmer by assuring him the opportunity to make a living off the land.
As to Scuse promoting the Governor’s initiatives, “he’s a cabinet member and he knows who signs his checks,” Baker said. “You can’t blame him for that.”
A letter from Burton Messick, president of the Sussex County Farm Bureau, demanding Scuse’s resignation was to be on the desk of Gov. Minner early this week.
Messick said the letter would allege that Scuse, in promoting the Govenor’s Livable Delaware initiatives, is misrepresenting the interests of farmers. The initiatives, the Sussex County Farm Bureau board claims, run counter to farmers’ land rights and devalue their farmlands.
Messick said copies of the letter would be sent to all members of the Delaware legislature and the press after it had been received by Gov. Minner.