32 year old rule still going strong in DeKalb County

By LIZ STOEVER

The 40-acre rule has received widespread support from DeKalb County political leaders since it was enacted in 1976, but many people may not actually know what the 40-acre rule is.

The rule limits the growth of homes on areas of DeKalb County not close to municipality areas, said Pat Vary, DeKalb County board member, who supports the 40-acre rule. While growth is important, so is “smart growth,” she said.

If an expansive amount of homes are built further away from cities, they might not have good fire, police, sewer or water access, Vary said. To keep this from happening, the ordinance requires there to be 40 acres for every home built unless they are adjacent to a municipality.

All towns in DeKalb County have agreed to this comprehensive plan that includes tough proponents for planning and zoning in the county, Vary said.

Paul Miller, DeKalb County Planning and Zoning director, said all county board members support the 40-acre rule.

Vary agreed.

“Everyone on the board has realized how good this has been,” Vary said.

The DeKalb County Farm Bureau has also been a long supporter of the 40-acre rule, said Greg Millburg, DeKalb County Farm Bureau manager.

The rule also preserves DeKalb farmland from being replaced with houses.

“We’re sitting on the most fertile soil in the whole world,” Vary said.

In the years since the 40-acre rule was enacted, the ordinance has received many updates and exceptions.

“Over the years, county rules have tightened,” Miller said.

Developers who experience detrimental hardship or lose money because they purchased land at a premium price before the rule was created are exempt, Vary said.

In 1991, the county also eliminated zoning districts that allow houses on smaller parcels of land, Miller said. In 1976, the rule included only farm dwellings.

Vary said the DeKalb County Board has turned down home developments that were as much as 37 acres of land per home. The problem with allowing just a few less acres is that the next person will come in with 35 acres per home, she said.

Next year, Vary said the rule may receive another update.

Milberg said he doesn’t know what could improve the current 40-acre rule.

The rule has been working well over the years and remains strong, he said.