Rural highway in northwest Ohio
How to Use This Manual
Welcome to the online version of the Guidance for ODOT Projects Involving Farmland. This is the official and most up-to-date version of documentation that accompanies the process for identifying impacts to farmland during planning activities associated with ODOT's Project Development Process (PDP). This online version supersedes any printed documentation to date. Significant and important updates to the manual will be posted here.
The collapsible menu below operates as the Table of Contents.
Referenced links within the document can be found under Related Resources.
Introduction
For federal-aid highway projects that involve permanent right-of-way (ROW) acquisition and/or temporary ROW, ODOT is required to consider the type of impacts a proposed project may have upon farmlands and to determine what mitigation/avoidance measures may be needed to avoid jeopardizing local and state farmland preservation efforts. Therefore, this guidance defines the process for identifying impacts to farmland during planning activities associated with ODOT’s Project Development Process (PDP) to determine what level of coordination, if any, is needed. Furthermore, this guidance was developed in accordance with the Farmland Protection Policy Act (FPPA) of 1981, the implementing regulations at 7 CFR 658, Ohio Revised Code (ORC) 929.05, and the Farmland Memorandum of Understanding (MOU) Between the Natural Resource Conservation Service (NRCS) and The Ohio Department of Transportation (ODOT) (Agreement #19552) executed March 16, 2016.
Terms and Definitions
Agricultural District
Provides protection for farmers from nuisance lawsuits, defers expensive development assessments until the land is changed to a non-agriculture use, and offers state examination of local eminent domain acquisitions in certain cases (a companion law is the Current Agricultural Use Valuation program that provides relief on farmland property taxes).
Current Agricultural Use Value (CAUV)
A differential real estate tax assessment program which affords owners of farmland the opportunity to have their parcels taxed according to their value in agriculture, rather than full market value, resulting in a substantially lower tax bill for working farmers (not a NEPA concern; part of the ODOT real estate process).
Farmland Protection Policy Act of 1981 (FPPA)
Established regulations to minimize loss of prime and unique farmland as a result of federal actions that convert land to nonagricultural uses and to ensure federal programs are compatible with state and local government, and private programs and policies to protect farmland.
Prime Farmland
Farmland that has the best combination of physical and chemical characteristics for producing food, feed, and crops (determined via review of the USDA Web Soil Survey).
Unique Farmland
Land other than prime farmland that is used for production of a specific high-value food or crop, and has a special combination of soil quality, location, growing season, and moisture needed to produce sustained high-quality or high yields of specific crops (e.g. cotton, tobacco).
Farmland MOU Criteria/Thresholds
The MOU identifies types of proposed highway projects (along with ROW acreage thresholds) that will have no significant adverse effects on farmlands or the agricultural economy. Projects that meet the criteria do not require completion or coordination of the Farmland Impact Conversion Rating (FCIR) Form (CPA-106).
These types of projects include:
- No acquisition of new ROW
- Bridge replacement projects (including culverts) that involve three acres or less of permanent and/or temporary ROW
- Widening projects involving strip permanent and/or temporary ROW conversion of ten acres or less per linear mile
- Intersection improvements requiring the conversion of three acres or less of permanent and/or temporary ROW
If the type of project is not listed or the ROW acreage thresholds are exceeded, the MOU does not apply and coordination with NRCS is required.
Projects in Urbanized Areas
Land within an urbanized area or committed to urban development or water storage is not subject to the FPPA. Urban development includes land identified as ‘‘Urbanized Area’’ (UA) on the Census Bureau Map or Urban Area with a ‘‘tint overprint’’ on USGS Topographical Quadrangle Maps (please note that Census Bureau maps are more likely to be updated sooner than USGS maps). To verify that a project is located within an urbanized area or urban cluster, please visit https://tigerweb.geo.census.gov/tigerweb/ (please see Appendix C for further Instructions). No coordination is required with the OES Farmland Coordinator or the NRCS for projects that meet these criteria:
- For C2 CEs and higher, upload all pertinent mapping to the EnviroNet project file under General/Project Information (Aerial, USGS Topographical Quadrangle and/or Census Bureau maps are sufficient; upload Census Bureau maps under Other Resources/Farmlands)
- For D-listed CEs, incorporate standard language developed by OES Policy (see Appendix A) into the remarks field for Farmlands (Other Resources Tab)
- For all projects (federal or non-federal) that require right-of-way from land specifically listed as being in an Agriculture District, consult with the OES Farmland Coordinator to determine if additional coordination is required
- Parcel information maintained by the County Auditor typically indicates if the property is designated as an Agricultural District.
- If Agricultural Conservation or Wetland Reserve Easements have been placed on land zoned for agriculture or working agriculture lands (usually indicated on county auditor parcel information), consult with the OES Farmland Coordinator as additional coordination and efforts to avoid impacts will be required
- Projects that require ROW from land or parcels that have been assigned a CAUV will be subject to ODOT real estate procedures. Although not a requirement for NEPA, this designation is typically identified as part of the appraisal process conducted by ODOT District Real Estate Staff.
Projects in Non-Urbanized Areas
One of two scenarios will apply (please note that projects within both urbanized and non-urbanized areas will be coordinated accordingly with NRCS if they exceed Farmland MOU criteria):
1. Project meets established thresholds of the Farmland MOU
- For C2 CEs and higher, upload all pertinent mapping to the EnviroNet project file under General/Project Information (Aerial, USGS Topographical and/or US Census Bureau maps are sufficient; upload Census Bureau maps under Other Resources/Farmlands)
- For D-listed CEs, incorporate standard language developed by OES Policy (see Appendix A) into the remarks field for Farmlands (Other Resources Tab)
- For all projects (federal and non-federal) that require right-of-way from land specifically listed as being in an Agriculture District, consult with the OES Farmland Coordinator to determine if additional coordination is required
- Parcel information maintained by the County Auditor typically indicates if the property is designated as an Agricultural District
- If Agricultural Conservation or Wetland Reserve Easements have been placed on land zoned for agriculture or working agriculture lands (usually indicated on county auditor parcel information), consult with the OES Farmland Coordinator as additional coordination and efforts to avoid impacts will be required.
2. Project exceeds established thresholds of the Farmland MOU
- Complete the FCIR Form (CPA-106)
- For ODOT purposes, complete Sections I, III, VI, and VII
- Upload coordination documents to EnviroNet (see Appendix B)
- Use the Send Notification feature to inform the OES Policy Farmland Coordinator (Doug App) via EnviroNet for each document uploaded
- OES Policy notifies NRCS
- NRCS reviews and provides approval to OES Policy Farmland Coordinator
- OES Policy Farmland Coordinator will advise district when the process is complete or if additional information is required.
Appendix A – Standard Language to Include in D-Listed CEs
(A) Projects in Urbanized Areas
Based upon review of appropriate mapping, the proposed project is located in an urbanized area zoned for non-agricultural purposes and is not in an agricultural district. Therefore, the proposed project meets the terms and conditions of the Memorandum of Understanding between the Natural Resource Conservation Service and the Ohio Department of Transportation for Projects Involving Farmlands (Agreement No. 19552), executed on March 15, 2016. No further coordination is required.
(B) Projects in Urbanized Areas – Within an Agricultural District
Based upon review of appropriate mapping, the proposed project is located in an urbanized area. Proposed right-of-way needed to facilitate construction activities is from land within an agricultural district. However, the amount of right-of-way needed does not exceed established thresholds listed in Ohio Revised Code (ORC) 929.05. Furthermore, the proposed project meets the terms and conditions of the Memorandum of Understanding between the Natural Resource Conservation Service and the Ohio Department of Transportation for Projects Involving Farmlands (Agreement No. 19552), executed on March 15, 2016. No further coordination is required.
(C) Projects in Non-Urbanized Areas – Meets MOU Criteria
Based upon review of appropriate mapping, the proposed project is located in a non-urbanized area. Based on the scope and type of work, the proposed project meets the terms and conditions of the Memorandum of Understanding between the Natural Resource Conservation Service and the Ohio Department of Transportation for Projects Involving Farmlands (Agreement No. 19552), executed on March 15, 2016. Therefore, completion of the Farmland Conversion Impact Rating (FCIR) Form was not warranted and no further coordination is required.
(D) Projects in Non-Urbanized Areas – Meets MOU Criteria/in an Agricultural District
Based upon review of appropriate mapping, the proposed project is located in a non-urbanized area. Based on the scope and type of work, the proposed project meets the terms and conditions of the Memorandum of Understanding between the Natural Resource Conservation Service and the Ohio Department of Transportation for Projects Involving Farmlands (Agreement No. 19552), executed on March 15, 2016. Any right-of-way needed to facilitate construction activities from land within the Agricultural District is not anticipated to be considered significant or require extensive mitigation. Therefore, completion of the Farmland Conversion Impact Rating (FCIR) Form is not warranted and no further coordination is required.
(E) Projects in Non-Urbanized Areas - Exceeds MOU Criteria (FCIR Score 160 or Below)
The proposed project will acquire approximately xx acres of permanent right-of-way and xx acres of temporary right-of-way. The amount of right-of-way needed exceeds established criteria of the Memorandum of Understanding between the Natural Resource Conservation Service and the Ohio Department of Transportation for Projects Involving Farmlands (Agreement No. 19552), executed on March 15, 2016. Therefore, a Farmland Conversion Impact Rating (FCIR) Form was completed to determine if land to be acquired was prime or unique farmland and/or was considered to be statewide and local important farmland. The site assessment completed for the proposed project totaled xx points out of a possible total score of 260 points. Based on the assessment score being below 160, the Natural Resource Conservation Service (NRCS) determined proposed impacts are not considered significant and do not require mitigation. No further coordination is required and the proposed project is in accordance with the Farmland Policy Protection Act (FPPA) of 1981 and the implementing regulations at 7 CFR 658.
Appendix B - NRCS Coordination
Coordination with NRCS is conducted for projects that do not meet the terms of the Farmland MOU. For review and coordination purposes, documents listed below (unless otherwise noted) are individually uploaded to Environet project file under Other Resources/Farmlands.
- Completed FCIR Form (CPA-106)
- Other Resources/Farmlands/FCIR Form
- Hydric Soil Mapping
- Other Resources/Farmlands/Hydric Soil Mapping
- ArcGIS ShapeFile, if available (illustrating land area to be impacted)
- Other Resources/Farmlands (type ArcGIS ShapeFile in the Name field)
- Preliminary Right-of-Way plans or Stage 1 or 2 Design Plans illustrating acquisition limits
- General/Project Information (select appropriate option from Name dropdown)
- Locational Mapping
- General/Project Information (select appropriate option from Name dropdown)
Do not directly submit coordination to the NRCS County Manager
Appendix C - TIGERweb
Using the Census Tigerweb Map for Urban Areas
In the left-hand pane “Layers”, ensure that the following are checked:
Labels
Transportation
Urban Areas (expand and turn off Urban Clusters)
See Image below
You can use the search Box in upper right to find the location of your project using address or Long/Lat.
Note that you must enter Longitude first, and Latitude second for the application to find the area in question.
If the project falls in the shaded area, then it is an Urban Area and Exempt from the FPPA.
