Farmland Development Rights New Agreement Application

Farmland Development Rights

New Agreement Application Checklist

April 2024

To ensure your application is reviewed in a timely manner, all items listed below must be included with the new

application packet, prior to submitting to your local governing body for review. Applications must be approved by

the local governing body on or before November 1 to be effective for the current tax year. Incomplete

applications will be returned to the local governing body and landowner.

All sections of application complete. Page 3, “Reserved for Local Government Use” must be

completed by the local governing body.

Copy of recorded deed(s) or land contract(s), including signature page(s). Copies must contain all

pages of the documents and sufficiently document the chain of title from the previous owner.

If providing more than one deed/land contract, current ownership must be in the same name to be

combined under one agreement. If ownership is different, separate applications must be

completed or obtain a Quit Claim Deed in same ownership.

If a current owner named on the deed/land contract is deceased, a copy of the death certificate

must be provided.

All vendors/sellers listed on a land contract must sign and date bottom of Page 1, acknowledging

enrollment.

Copy of most recent property tax assessment notice or tax bill with complete legal description of

property and State Equalized Value (SEV), along with a statement by the applicant certifying the

name of the owner of record, the legal description of the property and all liens, covenants, and

other encumbrances affecting the title to the land.

Map of the farm with structures and natural features. See instructions on Page 4 of application.

Copy of current appraisal record. If a current appraisal record is not available, the most recent tax

bill must include the SEV. The local assessor must provide property appraisal value on Page 3, in

section “Reserved for Local Government Use”.

Submit complete application and checklist to the clerk of the local governing body. *(See below.)

Maintain a copy of your application until you have received a new agreement.

The clerk will issue a receipt indicating the date the application was received and send copies of the

application to the reviewing agencies.

The clerk will present the application to the local governing body at their next scheduled meeting. The

local governing body has 45 days from the date the application is presented to approve or reject the

application.

If the application is approved, the applicant is notified by the local governing body. The local governing

body will forward the entire application packet to the Michigan Department of Agriculture and Rural

Development (MDARD), Farmland and Open Space Preservation Office.

If the application is rejected by the local governing body, the applicant is notified within 10 days, stating

the reason for rejection. The original application and all supporting documentation are returned to the

applicant. The applicant has 30 days to appeal to MDARD.

MDARD has 60 days from date of receipt to approve or reject the application.

The applicant will be notified within 15 days of the date of approval or rejection by MDARD.

*Local governing body means 1 of the following:

i. Farmland located in a city or village, the legislative body of the city or village.

ii. Farmland not located in a city or village, but in a township having a zoning ordinance in effect as provided by law,

the township board of the township.

iii. Farmland not described in i or ii above, the county board of commissioners.

New applications, eligibility requirements, and instructions for completing a new application can be

found online at www.Michigan.gov/Farmland.

The local governing body can send completed applications to:

Email: MDARD-PA116@Michigan.gov

Fax: 517-335-3131

Mail: MDARD – Farmland, P.O. Box 30449, Lansing, MI 48909

rev. 4/1/2024

FARMLAND AND OPEN SPACE

PRESERVATION PROGRAM

Application for Farmland Development

Rights Agreement

Part 361 of the Natural Resources and Environmental

Protection Act, 1994 Act 451 as amended, more

commonly known as PA 116. Please print or type.

Attach additional sheets as needed. Refer to the

Eligibility and Instructions document before filling

out this form.

ALL APPLICATIONS MUST BE APPROVED BY LOCAL GOVERNING BODY

ON OR BEFORE NOVEMBER 1 TO BE EFFECTIVE FOR THE CURRENT TAX YEAR

Personal Information:

Name(s) of Applicant:

Last First Initial

(If more than two see #15)

Last First Initial

Mailing Address:

Street City State Zip Code

Phone Number: (Area Code) ( )

Alternative Telephone Number (cell, work, etc.): (Area Code) ( )

E-mail address:

II.

Property Location (Can be taken from the Deed/Land Contract)

6. County: 7. Township, City or Village:

Section No. Town No. Range No.

Parcel # (Tax ID):

III.

Legal Information:

Attach a clear copy of the deed, land contract or memorandum of land contract. (See #14)

10.

Attach a clear copy of the most recent tax assessment or tax bill with complete tax description of property.

11.

Is there a tax lien against the land described above? Yes No

If “Yes”, please explain circumstances:

12. Does

the applicant own the

mineral

rights?

Yes

If owned by the applicant, are the mineral rights leased?

Yes

Indicate who owns or is leasing rights if other than the applicant:

Name the types of mineral(s) involved:

13.

Is land cited in the application subject to a lease agreement (other than for mineral rights) permitting a use for

something other than agricultural purposes: Yes No If “Yes”, indicate to whom, for what purpose and the

number of acres involved:

14.

Is land being purchased under land contract Yes No: If “Yes”, indicate vendor (sellers):

Name:

Address:

Street City State Zip Code

14a. Part 361 of the Natural Resources and Environmental Protection Act, 1994 Act 451 as amended, states that the

vendor (sellers) must agree to allow the land cited in the application to be enrolled in the program. Please have

the land contract sellers sign below. (All sellers must sign).

Land Contract Vendor(s): I, the undersigned, understand and agree to permit the land cited in this application

into the Farmland and Open Space Preservation Program.

Date Signature of Land Contract Vendor(s) (Seller)

OFFICIAL USE ONLY

Local Governing Body:

Date Received

Application No:

…………………………………………………………………...

State:

Date Received

Application No:

Approved: Rejected

Application for Farmland Development Rights Agreement

Page 2

rev.

/2024

15.

If the applicant is one of the following, please check the appropriate box and complete the following information (if

the applicant is not one of the following – please leave blank):

2 or more persons having a joint or common interest in the land

Corporation Limited Liability Company Partnership

Estate Trust Association

If applicable, list the following: Individual Names if more than 2 Persons; or President, Vice President, Secretary,

Treasurer; or Trustee(s); or Members; or Partners; or Estate Representative(s):

Name: Title:

(Additional names may be attached on a separate sheet.)

IV.

Land Eligibility Qualifications: Check one and fill out correct section(s)

This application is for:

a. 40 acres or more complete only Section 16 (a thru g);

b. 5 acres or more but less than 40 acres complete only Sections 16 and 17; or

c. a specialty farm complete only Sections 16 and 18.

16.

a. Type of agricultural enterprise (e.g. livestock, cash crops, fruit, etc):

b. Total number of acres on this farm:

c. Total number of acres being applied for (if different than above):

Acreage in cultivation:

Acreage in cleared, fenced, improved pasture, or harvested grassland:

All other acres (swamp, woods, etc.)

Indicate any structures on the property: (If more than one building, indicate the number of buildings):

No. of Buildings Residence:

Silo: Grain Storage Facility:

Barn: Tool Shed:

Grain Drying Facility:

Poultry House: Milking Parlor: Milk House:

Other: (Indicate)

17.

To qualify as agricultural land of 5 acres or more but less than 40 acres, the land must produce a minimum

average gross annual income of $200.00 per acre from the sale of agricultural products.

Please provide the average gross annual income per acre of cleared and tillable land during 2 of the last 3 years

immediately preceding this application from the sale of agricultural products (not from rental income):

$ / = $ (per acre)

total income total acres of tillable land

18.

To qualify as a specialty farm, the land must be designated by MDARD, be 15 acres or more in size, and

produce a gross annual income from an agricultural use of $2,000.00 or more. If a specialty farm, indicate

average gross annual income during 2 of the last 3 years immediately preceding application from the sale of

agricultural products: $

Please note: specialty farm designation may require an on-the-farm site visit by an MDARD staff person.

Page 3

Application for Farmland Development Rights Agreement

rev.

/2024

19.

What is the number of years you wish the agreement to run? (Minimum 10 years, maximum 90 years);

Signature(s):

20.

The undersigned certifies that this application identifies the owner of record, legal description of property,

and all liens, covenants, and other encumbrances affecting the title to the land.

(Signature of Applicant) (Corporate Name, If Applicable)

(Co-owner, If Applicable) (Signature of Corporate Officer)

(Date) (Title)

ALL APPLICATIONS MUST BE APPROVED BY LOCAL GOVERNING BODY

ON OR BEFORE NOVEMBER 1 IN ORDER TO BE EFFECTIVE FOR THE CURRENT TAX YEAR.

RESERVED FOR LOCAL GOVERNMENT USE: CLERK PLEASE COMPLETE SECTIONS I & II

Date Application Received: (Note: Local Governing Body has 45 days to take action)

Action by Local Governing Body: Jurisdiction:

County Township City Village

This application is approved, rejected Date of approval or rejection:

(If rejected, please attach statement from Local Governing Body indicating reason(s) for rejection.)

Clerk’s Signature:

Property Appraisal: $ is the current fair market value of the real property in this application.

Parcel Number (Tax ID):

II.

Please verify the following:

Upon filing an application, clerk issues receipt to the landowner indicating date received.

Clerk notifies reviewing agencies by forwarding a copy of the application and attachments

If rejected, applicant is notified in writing within 10 days stating reason for rejection and the original application,

attachments, etc. are returned to the applicant. Applicant then has 30 days to appeal to State Agency.

If approved, applicant is notified and the original application, all supportive materials/attachments, and letters of

review/comment from reviewing agencies (if provided) are sent to:

MDARD-Farmland and Open Space Preservation Program, P.O. Box 30449, Lansing, MI 48909

*Please do not send multiple copies of applications and/or send additional attachments in separate

mailings without first contacting the Farmland Preservation office.

Questions? Please call Farmland Preservation at 517-284-5663

Please verify the following regarding Reviewing

Agencies (Sending a copy to reviewing agencies

is required):

COPY SENT TO:

County or Regional Planning Commission

Conservation District

Township (if county has zoning authority)

Before forwarding to State Agency,

FINAL APPLICATION SHOULD INCLUDE:

Copy of Deed or Land Contract (most recent

showing current ownership)

Copy of most recent Tax Bill (must

include tax description of property)

Map of Farm

Copy of most recent appraisal record

Copy of letters from review agencies (if available)

Any other applicable documents

Page 4

Application for Farmland Development Rights Agreement

rev.

/2024

Map of Farm with Structures and Natural Features:

Show boundary of land cited in application. (Grid below is designed to represent a 5280 ft

(1 mile

) Section)

Show all buildings (house(s), barn(s), etc.); also label roads and other avenues of travel (i.e. utility access, etc.).

Outline and designate the current uses of the property (crops, pasture, forest, swamp, etc.).

Clear copies of map(s) provided by USDA Farm Service Agency are acceptable, but please label any roads visible on

map, structures and their use, etc.

Note: Any residential structures housing persons not directly associated with the farm operation must be excluded

from the application. Please indicate if a building falls in this category and provide the appropriate property

description for its exclusion. Unless the appropriate description is included, your application cannot be processed.

…………………………………………………………………………………………………………………………………

County

Township

T R Section

North