Section 48-402.01 - Urban farming land lease program(a) There is established within the Department the Urban Farming Land Lease Program ("Program"), which shall enable a qualified applicant identified pursuant to subsection (c) of this section to enter into a lease agreement with the District to create and maintain an urban farm on vacant land identified pursuant to subsection (b) of this section.(b)(1) The Department shall, in consultation with the Department of General Services and the Office of Planning and no less frequently than annually, identify vacant land in the inventory of real property assets maintained pursuant to § 10-551.05, that is suitable for use as an urban farm.(2) Before entering into a lease agreement under this section in which the lessee plans to grow produce in the site soil of the leased property, the Department shall test the site soil to determine whether the soil is substantially free of contamination.(c) To be eligible for the Program, an applicant shall:(1) At the time of submission of an application:(A) Be a resident of the District; or(B) In the case of an applicant that is not an individual, be organized or incorporated in the District;(2) Have experience in agricultural production;(3) Not be precluded from obtaining a license or permit pursuant to § 47-2862; and(4) Meet any additional criteria the Department establishes pursuant to the rules issued pursuant to subsection (g) of this section.(d) A lease agreement entered into pursuant to this section shall, at a minimum: (1) Be for a base period of at least 5 years, and may have an option or options for the Department to renew the lease; provided, that no single option period shall have a duration of greater than 5 years and the total lease term, inclusive of all option periods, shall not exceed 14 years;(2) Prohibit the sale or consumption of produce grown in the site soil of the leased property if the Department determines that the site soil is not substantially free of contamination;(3) Permit the sale on or off the leased property of produce grown in the site soil of the leased property if the Department determines that the site soil is substantially free of contamination; and(4) Permit the sale of produce on or off the leased property of produce grown at the property when the lessee:(A) Does not plant in or use the site soil, but instead uses, for example, raised beds, greenhouses, or hydroponic towers; and(B) Ensures that produce does not come into contact with the site soil.(e) Property leased pursuant to this section shall be exempt from real property taxation and possessory interest taxation.(f) The Department shall make available to the public on its website information on the Program, including:(1) The list of available vacant land identified pursuant to subsection (b) of this section;(2) A list of vacant land currently being leased under the Program; and(3) Information on how applicants may apply to the Program.(g) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this section.Amended by D.C. Law 23-149,§ VI-M-6122, 67 DCR 10493, eff. 12/3/2020.Feb. 28, 1987, D.C. Law 6-210, § 3a; as added Apr. 30, 2015, D.C. Law 20-248, § 101(c), 62 DCR 1504; Apr. 7, 2017, D.C. Law 21-257, § 2(c), 64 DCR 2049; Apr. 16, 2020, D.C. Law 23-80, § 2(b), 67 DCR 2494.Section 301 of D.C. Law 20-248 provided that nothing in the act shall be construed to create a governmental liability or cause of action against the District related to the safety of food purchased on District lands by non-governmental entities.
Applicability of D.C. Law 20-248: Section 302(a) of D.C. Law 20-248 provided that (1) the act shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan; (2) that the Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification; and (3) that the Budget Director shall cause the notice of the certification to be published in the District of Columbia Register and the date of publication of the notice of the certification shall not affect the applicability of the act.
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