AUTHORITY: Implementing and authorized by Article 11, Division 15.4 of the Illinois Municipal Code [65 ILCS 5] and Section 205-65 of the Department of Agriculture Law [20 ILCS 205].

SOURCE: Adopted at 43 Ill. Reg. 7422, effective June 21, 2019.

SUBPART A: PURPOSE AND DEFINITIONS

 

Section 955.10  Purpose and General Definitions

 

a)         Purpose

The purpose of this Part is to establish definitions to determine the status of a "qualifying farmer" under the Act, and to outline the process to obtain an advisory opinion from the Department.

 

b)         Definitions

The Department incorporates by reference the definitions of terms in Article 11, Division 15.4 of the Illinois Municipal Code [65 ILCS 5].

 

"Act" means Article 11, Division 15.4 of the Illinois Municipal Code [65 ILCS 5].

 

"Department" means the Illinois Department of Agriculture.

 

"Farmer" means a person who has filed an urban agricultural area application with an urban agricultural area committee.

 

"Urban agricultural area" means an area defined by a municipality and entirely within that municipality's boundaries within which one or more qualifying farmers are processing, growing, raising, or otherwise producing locally-grown agricultural products, as defined by the Act.

 

"Urban agricultural area committee" means a committee established under the Act, organized for the purpose of reviewing applications for urban agricultural areas.

 

"Secretary" means the Secretary of the U.S. Department of Agriculture.

 

Section 955.20  Definition of Beginning Farmer

 

a)                  Source

The Department incorporates the Secretary's definition of a beginning farmer as stated in subsection (b).

 

b)         Definition

 

1)         A beginning farmer is a farmer that has:

 

A)        not operated a farm, or who has not operated a farm for not more than 10 consecutive years. This requirement applies to all members of an entity that operates as a farmer; and

 

B)        will materially and substantially participate in the operation of the farm.

 

2)         In the case of a contract with an individual, individually or with the immediate family, "material and substantial participation" requires that the individual provide substantial day-to-day labor and management of the farm or ranch, consistent with the practices in the county where the farm is located.

 

3)         In the case of a contract with an entity, all members must materially and substantially participate in the operation of the farm or ranch. Material and substantial participation requires that each of the members provide some amount of the management, or labor and management, necessary for day-to-day activities, such that, if each of the members did not provide these inputs, operation of the farm or ranch would be seriously impaired.

 

Section 955.30  Definition of Small- or Medium-Sized Farmer

 

Definition

A small- or medium-sized farmer means a farmer who has received a Direct Farm Ownership Microloan, or a Direct Farm Operating Microloan, through the USDA Microloan Program.

 

Section 955.40  Definition of Limited Resource Farmer

 

a)         Source

The Department incorporates the Secretary's definition of a limited resource farmer as stated in subsection (b).

 

b)         Definition

 

1)         A limited resource farmer is a farmer that has:

 

A)        direct or indirect gross farm sales that are less than the current indexed value in each of the previous 2 years; and

 

B)        a total household income at or below the national poverty level for a family of 4, or less than 50% of the county median household income in each of the previous 2 years.

 

2)         An entity or joint operation can be a limited resource famer if all individual members independently qualify.

 

3)         The Secretary maintains an online tool that allow users to determine whether they meet the qualifications to be a limited resource farmer (https://lrftool.sc.egov.usda.gov/LRP_Definition.aspx).

 

Section 955.50  Definition of Socially-Disadvantaged Farmer

 

a)         Source

The Department incorporates the Secretary's definition of a socially-disadvantaged farmer as stated in subsection (b).

 

b)         Definition

 

1)         A socially-disadvantaged farmer is a farmer that is a member of a socially disadvantaged group. A socially disadvantaged group is a group whose members have been subject to racial or ethnic prejudice because of their identity as members of a group, without regard to their individual qualities. These groups consist of the following:

 

A)        American Indians or Alaskan Natives;

 

B)        Asians;

 

C)        Blacks or African Americans;

 

D)        Native Hawaiians or other Pacific Islanders; and

 

E)        Hispanics.

 

2)         A socially disadvantaged farmer may be an individual or entity who is a member of a socially disadvantaged group. For an entity, at least 50% ownership in the farm business must be held by socially-disadvantaged individuals.

SUBPART B: GENERAL PROVISIONS

 

Section 955.60  Advisory Opinions from the Department

 

a)         Requesting an Opinion

An urban agricultural area committee that desires an opinion from the Department as to whether an applicant meets one of the definitions to be considered a qualifying farmer under the Act may request that opinion in writing. The request for an opinion should include the application and all relevant materials. The request should be sent to:

 

Illinois Department of Agriculture

Attn: Director

P.O. Box 19281

Springfield IL 62794-9281

 

b)         Department's Response

Upon receiving a request for an opinion, the Director shall review and, within 90 days after the date of receipt of the request, notify the urban agricultural area committee in writing of his or her opinion. The written opinion will constitute a "decision" under the Administrative Review Act [735 ILCS 5/Art. III].