Blog by: Caiden Drenk
Farmland protection in the Central Kentucky region surrounding Lexington is not just an agricultural issue, it is an economic and cultural necessity. The encroachment of urban and suburban expansion, industrial development, and other nonagricultural land uses threatens the Central Kentucky agriculture industry.[1] While Kentucky Law acknowledges the importance of preserving farmland, its existing framework lacks the enforcement mechanisms and economic incentives to counteract mounting pressures.[2] Without decisive action, the farmland that has deep cultural roots and economic importance will become vulnerable.[3]
While there are important existing legal protections of farmland in the Central Kentucky region, they have their shortcomings. The Agricultural District and Conservation Act establishes Kentucky’s policy of conserving agricultural land and mitigating the impacts of urban growth and sprawl.[4] The statute encourages the formation of agricultural districts to shield the farmland within them from external pressures and ensure its continued use for the agriculture industry.[5] While well-intentioned, the Act lacks sufficient incentives and enforcement mechanisms to deter the conversion of agricultural land.[6] The creation of agricultural districts should include stronger financial incentives, such as enhanced tax benefits, to further encourage participation among landowners. Without this, the Act remains somewhat symbolic, and not truly effective in protecting Kentucky’s farmland.
Agricultural conservation easements provide an effect tool for farmland preservation by protecting agricultural land from non-agricultural development.[7] These easements compensate landowners who commit to long term agricultural use.[8] This offers a safeguard against market-driven pressures to sell farmland for purposes of redevelopment into commercial and/or residential development.[9] Additionally, the statute protects agriculture operations from public nuisance complaints that might threaten the demand for and viability of agricultural landowners.[10] These easements are effective, but reliant on public funding and landowner participation.[11] Kentucky should expand funding for these programs and implement targeted outreach programs to educate landowners on the potential benefits.[12] Without these efforts, the easements could face being underutilized which would leave farmland vulnerable and unchecked to urban growth and development.
Kentucky law also provides tax incentives to protect its agriculture industry.[13] Under KRS 132.450, farmland retains its agricultural tax status even if the zoning classifications change so long as it continues to meet agricultural use criteria.[14] The Kentucky Constitution mandates that farmland is assessed based on its agricultural value rather than its market value for urban, residential, commercial, or industrial use.[15] This reduces the burden on farmers and discourages speculative land purchases that might displace farmland owners.[16] Despite these protections, loopholes and inconsistencies in the tax policy leave room for farmland conversion under economic pressure.[17] The legislature should strengthen these protections by penalizing developers who convert designated agricultural land for another purpose. Without proper deterrents, farmland will continue to be seen as transferable and expendable, rather than as the important resource that it is.[18]
Critics may argue that restricting the conversion of agricultural land will impede economic growth and development by limiting housing and commercial expansion for the growing population. Many people say that urban and suburban expansion fosters job creation, increases tax revenue, and meets the growing housing demands.[19] Some landowners also resist conservation programs, viewing them as a limitation on the free market and property rights.
While these concerns are valid, they neglect the long-term cultural and economic consequences of loss of agricultural land. Kentucky’s agriculture industry is a key driver of the economy that supports employment and local business. Equally as important, uncontrolled urban sprawl can place a strain on the infrastructure in Central Kentucky. Traffic congestion and environmental damage are just a part of the problem that Central Kentucky may be poised to face.[20] Kentucky instead should look for a more balanced approach that preserves farmland while accommodating more responsible development of the growing region. Strengthening incentives rather than imposing heavy restrictions can increase participation in farmland preservation efforts, and hopefully address the concerns of both sides.
Kentucky has always taken meaningful steps in safeguarding its farmland, but the current legal landscape remains insufficient to address the pace of urban and suburban sprawl. Strengthening conservation easements, enhancing tax and zoning policies, and further integrating tools such as the Land Evaluation and Site Assessment (“LESA”) program into planning decisions are great next steps.[21] Economic, urban, commercial, and industrial development are important to Central Kentucky, but they should not come at the cost of sacrificing agricultural land that is vital to Kentucky’s identity, economy, and food security. Preserving this land is not a mere policy preference, but a necessity for Kentucky’s future.
[1] Lainey Merriwether, Kentucky’s Growing Farmland Crisis, Am. Farmland Tr. (Jan. 4, 2023), https://lextoday.6amcity.com/kentuckys-growing-farmland-crisis [https://perma.cc/4WLF-JAGX]
[2] Lori Sallet, What’s at Stake When we Pave Over, Fragment, and Otherwise Fail to Protect Kentucky’s Farmland From the Disruptions of Development?, Am. Farmland Tr. (May 20, 2020), https://farmland.org/fut-kentucky-pr/ [https://perma.cc/Y7GL-NE7L]
[3] Id.
[4] Ky. Rev. Stat. § 262.850 (LexisNexis 2024)
[5] Id.
[6] Gladys B. Green, Note, Preservation of Kentucky’s Diminishing Farmland: A Statutory Analysis, 5 Ky. J. Equine Agric. & Nat. Resource L. 317-18 (1990)
[7] Ky. Rev. Stat. §262.902 (LexisNexis 2024)
[8] Id.
[9] Id.
[10] Id.
[11] Id.
[12] Sallet, supra note 1.
[13] Ky. Rev. Stat. § 132.450 (LexisNexis 2024)
[14] Id.
[15] Id.
[16] Id.
[17] John Cheves, How Other States Guard Against ‘Fake Farmers’, Lexington Herald Leader (Aug. 14, 2018), https://www.kentucky.com/news/local/watchdog/article61758422.html
[18] Id.
[19] Adrian Bryant, How Will Lexington’s Economy Grow Over the Next Two Years?, CivicLex (Feb. 26, 2025), https://civiclex.org/weekly-posts/how-will-lexingtons-economy-grow-over-the-next-two-years-#:~:text=Together%2C%20these%20presentations%20show%20that,in%20the%202010s%20before%20COVID. [https://perma.cc/R3UF-LEM3]
[20] Help Shape the Future of Lexington, Urban Growth Lex (2024), https://www.urbangrowthlex.com/ [https://perma.cc/S56N-QBDZ]
[21] U.S. Dep’t of Agric., Nat. Res. Conservation Serv., Land Evaluation and Site Assessment, https://www.nrcs.usda.gov/conservation-basics/natural-resource-concerns/land/evaluation-and-assessment (Last visited Mar. 13, 2025)