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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: Contents of “Article 89”
• 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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Boston: Contents of “Article 89”
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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Boston: Contents of “Article 89”
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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Boston: Contents of “Article 89”
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
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
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
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
Economic Resilience
Urban Ag Study Focus Area
• Economic Empowerment + Local Food Systems Change
•Jobs•Food security
Kingston Urban Agriculture Project – Timeline
Burgevin
Floriculture
1652 1852 1900 c.1950-1994 2008-2013 2025
I -87,, IBM and “urbanization in Kingston
2000
2007
Buzzanc
o’s
Farm
• Jobs• Food security
Social Resilience
Urban Ag Study Focus Area
Economic Resilience
• Jobs• Food security
Kingston Urban Agriculture Project – Timeline
Burgevin
Floriculture
1652 1852 1900 c.1950-1994 2008-2013 2025
I -87,, IBM and “urbanization in Kingston
2000
2007
Buzzanc
o’s
Farm
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• Jobs• Food security
Kingston Urban Agriculture Project – Timeline
Burgevin
Floriculture
1652 1852 1900 c.1950-1994 2008-2013 2025
I -87,, IBM and “urbanization in Kingston
2000
2007
Buzzanc
o’s
Farm
Zoning Incentives for Urban Ag + Stormwater
= Environmental AND Economic Resilience
Green Infrastructure
Urban Ag Study Focus Area
• Jobs• Food security
Kingston Urban Agriculture Project – Timeline
Burgevin
Floriculture
1652 1852 1900 c.1950-1994 2008-2013 2025
I -87,, IBM and “urbanization in Kingston
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
Urban Ag Study
Jennifer Schwartz Berky, Principal845�389�2404
www.honestrategic.com
This image cannot currently be displayed.
Overcoming Barriers to Cultivating Urban Agriculture
Land Use and Sustainable Development ConferenceLeading Communities Toward a Resilient Future
December 6, 2013
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