Farmland Impacts Process

Environmental process | Environmental review | Farmland Impacts

Forms

Analysis process

Early environmental documents should discuss any potential agricultural impacts. Normally, more detailed information would be developed later in project development when right of way limits and exact location are better defined. Both the FPPA and the Minnesota Agricultural Lands Preservation and Conservation Policy Act provide that the USDA, NRCS, and MDA will have opportunity to review and comment on MnDOT documents for agricultural impacts. As a result, consideration of agricultural impacts should take place as early in project development as practicable.

Where a project impacts farmland, the environmental document should contain a map showing the location of all farmlands in the project impact area, discuss the impacts of the various alternatives and identify measures to avoid or reduce the impacts. The U.S. Department of Agriculture (USDA) has a web soil survey that identifies the location of prime farmlands, unique farmlands, and farmlands of statewide or local importance.

Complete Form AD 1006 (Farmland Conversion Impact Rating) for non-corridor projects or Form NRCS-CPA-106 for corridor-type projects and include a copy in the environmental document. Where the Land Evaluation and Site Assessment score (from Form AD 1006) is 160 points or greater, the environmental document should discuss alternatives to avoid farmland impacts. If avoidance is not possible, evaluate measures to minimize or reduce the impacts and, where appropriate, include these in the proposed action.

It is possible that the NRCS will not respond to submittal of the forms required by the FPPA, thereby ending the process. Document the submittal by providing a copy of the NRCS form and transmittal letter or email in the attachments to the NEPA document. Also, failure to receive a response from the NRCS DOES NOT end the assessment of agricultural impacts (number of acres acquired, current land use, severance of operations, etc.).

Review process

As part of the state environmental review process, MDA reviews the EAW or EIS documents for all MnDOT proposed projects. If these documents contain agricultural land information, the MDA may provide comment.

MDA must also be notified if a project affects ten or more acres of farmland and does not require preparation of a state EAW or EIS, as required by Minn Statutes 17.82. This includes projects for which a federal Categorical Exclusion document applies. The MDA will have 30 days to review and provide comments on the project and its documentation. If, after 30 days, MnDOT receives no response from MDA on the review of the project and documentation, then it shall be interpreted that the MDA intends no action as proposed. The review by the MDA of the project documents and design will attempt to find alternative methods or locations which may avoid or reduce the adverse effects. For federal Categorical Exclusion projects, the applicable environmental document is prepared, and if the 10 acre threshold is exceeded, additional coordination with MDA would be required if a state EAW is not prepared. District staff should contact OES staff regarding procedural requirements for the type of environmental document to be reviewed.

The requirements and format for providing information to the MDA is provided in the following example.

Instructions for creating MnDOT letter to Minnesota Department of Agriculture Commissioner

District will draft letter using the template (link at top of page)
District will email draft letter to OES-Environmental Assessment Unit (EAU) for review
OES-EAU will obtain signature from OES Director
OES-EAU Supervisor will forward signed letter to MDA