Southwest Idaho farmers Camas and Miguel Villafana plan to take advantage of the state’s new farmland preservation law as soon as possible.

“We’re going to apply to protect our parcels,” Miguel said. “We’re seeing more residential pressure.”

He and Camas plan to submit the 170 acres they own for agricultural protection area status as soon as Canyon County opens its application process.

Gov. Brad Little signed House Bill 608, which creates the protection areas. The law requires county commissions by Jan. 1 to establish ordinances as well as advisory panels of three to five people involved in production agriculture.

Counties will record agricultural protection areas, decided followed a hearing process, and include them in land use planning documents.

The Villafanas started farming in 2019 with 20 acres. They now farm 500 including owned and leased ground.

“We want our county commissioners to understand that there are still young people who want to farm,” said Miguel, 32. “I want to do this for the next 40 to 50 years and ensure that our kids have the opportunity to farm without encroachment.”

Additional state protection of farming, such as from eminent domain and neighbor complaints, is a key feature of the new law, Camas said.

Within protection areas, landowners get enhanced protections, provided the activity aligns with generally recognized farming practices and is legal, according to the bill text. Counties need written permission from the owner before changing land-use or zoning designations and cannot make ordinance changes detrimental to agriculture.

People “love Idaho, and they want to protect Idaho — but we do appreciate private property rights,” Little said during an April 5 signing ceremony with representatives of the Idaho Farm Bureau Federation and other organizations.

An Emmett-area rancher, he has seen agricultural operations pressured by development of housing and other uses for some 50 years, he said.

“This bill is not going to solve the problem, but this bill is a huge step,” Little said.

Under HB 608, an agricultural protection area would last 20 years and be renewed automatically. A protection area could be expanded, or, through a petition process, removed.

If a county commission receives a petition for removal, it will confirm the removal date as 10 years from the date of the petition or on expiration of the designation, whichever is sooner, according to the bill text. Earlier removal is available to landowners who experience a hardship beyond their control.

The Idaho Farm Bureau has been working on a preservation bill for several years.

“It’s going to take some time” before adoption of agricultural protection areas becomes widespread, Farm Bureau CEO Zak Miller said.

Local officials and others will need to learn how to best use the new tool, he said.

“Now that we have the legislation, we’re going to have to help them see the value of it,” Miller said.