Williamson Act

What is the Williamson Act?

The Williamson Act (California Land Conservation Act of 1965 - Government Code Section 51200 et. seq.) is a state agricultural land protection program in which local governments elect to participate.  The intent of the program is to preserve agricultural lands by discouraging their premature and unnecessary conversion to urban uses.

Landowners may apply to contract with the County to voluntarily restrict their land to agricultural and compatible uses.  Restrictions are enforced through a rolling term 10-year contract.  Unless the landowner or the County files a notice of nonrenewal, the contract is automatically renewed for an additional year on January 1.  In return for the voluntary restriction, contracted parcels are assessed for property tax purposes at a rate consistent with their actual (agricultural) use, rather than potential market value.

How does the Williamson Act restrict property use?

While restricted by a Williamson Act contract, the land cannot be used for any other purpose than the commercial production of agricultural commodities, and uses outlined in the contract's compatible use list.  Any proposed uses and development must satisfy the compatibility principles outlined in Section C13-15 of the County Williamson Act Contract Ordinance and the Williamson Act (Government Code Section 51238.1).

Can Williamson Act land be developed?

A land development application (use permit, subdivision, lot line adjustment, architectural and site approval, etc.) or building permit application may be filed after a favorable Williamson Act Compatible Use Determination has been issued.  A home may qualify as a compatible use on contracted property.  Compatible Use Determination filing requirements are outlined in the application materials.  A completed affidavit form (Declaration Regarding Agricultural Income on Williamson Act Property) must accompany the submitted documentation.

The Compatible Use Determination involves a two-part determination by the County:

1.  Determination that the contracted land proposed for development is devoted to the commercial production of agricultural commodities as defined by the Guideline for Commercial Agricultural Use.
2.  Determination that the proposed uses and development are "compatible" with and "incidental" to the documented primary commercial production of agricultural commodities on the contracted parcel as defined in the Guideline for Compatible Use Development on Restricted Lands.   The Guideline for Compatible Use Development on Restricted Lands defines the criteria by which compatible use development is evaluated by the County.  Proposed compatible use development must satisfy the compatibility principles outlined in Section C13-15 of the County Williamson Act Contract Ordinance and the Williamson Act (Government Code Section 51238.1).

How has the last budget cycle affected the Williamson Act?

For the 2010 fiscal year, the California legislature and the Governor agreed to suspend subvention payments to local governments. The subvention payments would reimburse the county, in part, for lossed tax revenue as a result of the Williamson Act. Prior to 2008, Santa Clara County received $395, 000 and for the 2010 fiscal year that amount will be $0. The amount Santa Clara County receives from the State in relation to the total amount of lossed tax revenue from the Williamson Act is small and therefore there isn't any immediate threat to those landowners whose land is covered under the Williamson Act. SCCAOR will work with our County Supervisors to ensure they are educated about the value the Williamson Act adds to the agriculture industry in our County.