The Williamson Act, also known as the California Land Conservation Act of 1965, has been the state's premier agricultural land protection program since its enactment in 1965. Currently more than 15 million of California's 30 million acres of farm and ranch land are protected under the Williamson Act.

The Williamson Act preserves agricultural and open space lands by discouraging premature and unnecessary conversion to urban uses. The Act requires local governments to create agricultural preserves, which are areas within their jurisdiction where the local government is willing to offer landowners contracts subject to a set of locally created rules and regulations. Once enrolled in a contract, a landowner restricts their land to agricultural and compatible open-space uses under a minimum 10-year rolling term contract in exchange for property tax assessment based on actual use, rather than potential market value.

Please see the Williamson Act Overview page for more historic information about the program.

What is an Agricultural Preserve?

The Act requires participating local governments to create agricultural preserves, which are areas within their jurisdiction where the local government is willing to enter into contracts pursuant to the Act and locally established rules and regulations.

What is the difference between a Williamson Act contract and a Farmland Security Zone contract?

Under the Williamson Act, there are two types of contracts – traditional Williamson Act contracts and Farmland Security Zone contracts. Typically, standard Williamson Act contracts are 10-year rolling term contracts and Farmland Security Zone Contracts are 20-year rolling term contracts, both of which renewal annually on the contract anniversary date. Farmland Security Zone contracts must be located on higher quality farmland, require a higher cancellation fee, and may have increased land use restrictions. In exchange for these increased requirements and restrictions, Farmland Security Zone contracts offer a larger property tax reduction.

What happens to a Williamson Act or Farmland Security Zone contract upon the sale of the property?

Both Williamson Act and Farmland Security Zone contracts are binding on all subsequent purchasers of the property. Contracts remain on the property and deed until such time that a landowner files for nonrenewal or cancellation of the contract.

What benefits do Williamson Act contracts offer to landowners?

Landowners enrolled in the Act receive a reduction in property tax which is based on the actual use or agricultural production of the property rather than the potential market value. When this issue was studied in 1989, the Williamson Act was estimated to save landowners between 20 to 75 percent in property tax liability each year. In that same study, one in three Williamson Act farmers and ranchers said that without the Williamson Act they would no longer own their parcel.

In addition, property owners with Williamson Act contracts benefit from being adjacent to other properties that are similarly committed to agricultural uses. This can reduce friction by limiting the uses to those that are compatible with agriculture and can act to help maintain agricultural viability in communities.

How does a landowner initiate a Williamson Act contract?

A landowner interested in enrolling land in a contract should contact the local planning department of the city/county in which the land is located to obtain information and instructions.

How many acres are required for an Agricultural Preserve?

There is no statutory minimum for the size of an agricultural preserve. The Williamson Act states that an agricultural preserve should consist of no less than 100 acres. To meet this requirement two or more parcels may be combined if they are contiguous, or if they are in common ownership. However, a city or county may establish agricultural preserves of less than 100 acres if it finds that smaller preserves are necessary due to the unique characteristics of the agricultural enterprises in the area and that the establishment of preserves of less than 100 acres is consistent with the general plan of the city or county.

How long must land be maintained under a Williamson Act contract?

Typically, standard Williamson Act contracts carry a 10-year rolling term contract and Farmland Security Zone contracts carry a 20-year rolling term. However, if adopted by the participating jurisdiction, Williamson Act contracts can carry a 9-year rolling term and 18-year rolling term for a Farmland Security Zone contract. Contracts automatically renew annually on the contract anniversary date unless the property is enrolled in the nonrenewal or cancellation process.

How is a Williamson Act contract terminated?

The expiration or termination of a Williamson Act contract may occur for a number of reasons, which follow:

Non-renewal. A landowner or the city/county initiates a Notice of Nonrenewal for the entire contract or a portion of the contracted land, which begins a nine-year countdown to the expiration of the contract for standard contracts, or a nineteen-year countdown for Farmland Security Zone contracts. The land is subject to all the requirements of the contract until the contract expires. At the end of the nonrenewal process, the contract will be terminated. The most common method of contract removal is nonrenewal.
Cancellation. A landowner must submit an application for cancellation to the City or County requesting the contract be cancelled for a portion or the entirety of the contracted area. Cancellation of a contract requires the landowner to pay cancellation fee and requires the city of county to make certain findings before approving the cancellation. See our Cancellations page for more detailed information.
Easement Exchange. Williamson Act easement exchange legislation became effective January 1, 1998. It provides a voluntary rescission process for local governments and landowners to terminate a Williamson Act contract by simultaneously dedicating a permanent agricultural conservation easement on other land. The land to be placed under easement must be of equal size or larger than the Williamson Act contracted land. The appraised value of the easement land must be equal to or greater than the cancellation fee required to cancel the contract. In addition, the easement land must be of equal size or larger than the Williamson Act contracted land.
Solar-Use Easement. Senate Bill 618 (statutes of 2011, Chapter 596) authorized cities and counties the option to create solar-use easements. An application may be submitted by the landowner to their city or county in order to rescind the current Williamson Act or Farmland Security Zone contract and simultaneously enter into a solar-use easement. See our Solar-Use Easement page for further information and constraints. For general information regarding solar power on Williamson Act contracted land, see our Solar Power and the Williamson Act document.
Public Acquisition. Applies to entities that have eminent domain authority. Subject to certain findings, the contract can be terminated when the entity acquires the underlying property. If eminent domain authority is not used, the land may still be acquired by the public agency, but the contract will remain in force and continue to restrict the use of the land. Please see our Public Acquisitions page for further information.
Material Breach. Government Code § 51250(b) defines a material breach on land subject to a Williamson Act contract as a commercial, industrial or residential building(s), exceeding 2,500 square feet that is not permissible under the Williamson Act, contract, local uniform rules or ordinances, and which was permitted or built after January 1, 2004. If the city or county determines a material breach exists, one option for correcting the breach is termination of the portion of the contract that is not in compliance, and a monetary penalty of 25% of the unrestricted fair market value of the affected portion of the land. For further information please see our Material Breach page.
City Annexation. When a city annexes land that is subject to a Williamson Act contract, the local agency formation commission shall determine whether the city may exercise its option to not succeed in the rights, duties, and powers of the county with regard to the existing contract. However, this can only occur in very specific situations and requires further reading of the statute to determine whether this option would apply. Please see Government Code Section 51243.5.

What is the difference between a non-renewal and a cancellation?

Non-renewal can be initiated by either the landowner or the participating jurisdiction; whereas a cancellation can only be initiated by a landowner. Timeline to contract expiration and fees are another notable difference between non-renewals and cancellations. Cancellations are subject to a 12.5 % fee and typical take somewhere between six to twelve months to complete. Non-renewal of a Williamson Act contract requires 9-10 years before the contract expires; however, there are no fees unlike those associated with a cancellation.

Where do cancellation fees go?

Cancellation fees are paid by the property owner to the county treasurer's office. If the cancellation occurs within a city, the fees are still paid to the county treasurer's office. The county treasurer will remit the fees to the State Controller's office for disbursal into the appropriate state fund. The first $5 million collected each year is automatically appropriated to the Department's Soil Conservation Fund.

Can cancellation fees be waive, reduced, or delayed?

Only the Secretary of Natural Resources Agency has the authority to make this determination. A property owner may petition the board or council for a cancellation fee waiver, reduction, or delay in payment. The property owner's petition must be approved by the board or council administering the cancellation, and that can only occur if certain specific circumstances exist, such as that the cancellation is driven because there is an involuntary change in use and that the new use will not result in a greater economic gain to the landowner than the prior agricultural use. If the board or council agrees that sufficient evidence demonstrates these conditions apply and that it is in the best interested of the Williamson Act program to require something other than full timely payment of the cancellation fees, the board or council then forwards the request for approval to the Secretary of Natural Resources.

What land uses are allowed within an Agricultural Preserve and Williamson Act contracted land?

The Williamson Act states that a board or council must adopt local rules and regulations governing the administration of agricultural preserves. The Williamson Act contains lists of certain uses that are considered compatible, unless the local jurisdiction formally finds otherwise. Those uses include such things as gas, electric, water, communication, or agricultural laborer housing facilities. The rules of each agricultural preserve specify the uses allowed, which apply to all contracts in the same agricultural preserve. Generally, any commercial agricultural use will be permitted within any agricultural preserve. In addition, local governments may identify compatible uses permitted with a conditional use permit.

What is the State's role in the Williamson Act?

The Department of Conservation assists local, regional, state, and federal agencies, organizations, landowners, or any other person or entity with the interpretation of Williamson Act related Government Codes as they relate to the local implementation of the Act. The Department also researches, publishes, and disseminates information regarding the policies, purposes, procedures, administration, and local implementation of the Williamson Act.

What is the local government's role?

Local governments have the primary role in the Williamson Act. Local governments enter into contracts with property owners. Participating counties and cities are required to establish their own rules and regulations regarding implementation of the Williamson Act within their jurisdiction. These rules include but are not limited to enrollment guidelines, acreage minimums, enforcement procedures, allowable uses, and compatible uses.

How is Williamson Act enrollment data reported to the State? How can I get that data?

Participating counties and cities are required to report Williamson Act enrollment data annually by January 30th. Enrollment information is collected in Geographic Information System form and is made available through the Department’s California Williamson Act Enrollment Finder webapp, which is a mapping service available on the Department’s website.

Are solar or other renewable energy projects allowed on Williamson Act contracted lands?

This depends on local rules and regulations and the language of the specific contract. The Williamson Act considers electrical facilities to be a compatible use, unless the local government declares otherwise. While the term “electric facilities" is not defined in the Williamson Act, the Attorney General's Office issued an opinion in 1975 that the term is broad enough to include nuclear power plant facilities. However, some counties have chosen to narrowly restrict their definition to electrical transmission lines and related transmission improvements. Other counties have adopted a broader definition that includes the construction of electrical generation facilities, while many other counties are silent on the issue.

Frequently Asked Questions & Answers

What is the Williamson Act?