§ 24-3-103. ELIGIBLE SELLERS; ELIGIBLE FARMLAND; CRITERIA.

(a)

Eligible sellers. The county may purchase easements only from:

(1)

The holder of fee simple title to productive agricultural land; or

(2)

A person or institution that has entered into a binding contract or option to purchase fee simple title to productive agricultural land, if and when that person or institution takes title to the productive agricultural land.

(b)

Productive agricultural land.

(1)

The easement shall be purchased on productive agricultural land with the characteristics required under paragraphs (2) through (5) of this subsection.

(2)

(i)

The majority of land area of a district shall consist of USDA soil capability classes I, II, III and those soils determined by USDA to be of equal productivity to classes I, II, III.

(ii)

Exceptions may include land areas of lower general capabilities if an existing farm is of specialized production, including dairy, livestock, poultry, fruit, or berry production.

(3)

The land shall be located within an agricultural protection area, or, if outside an agricultural protection area, shall be in an existing state agricultural district.

(4)

(i)

1. The land shall be a minimum of collectively 50 acres in size; or

2.

Land held in different ownerships shall each be at least 20 acres in size and total 50 acres.

(ii)

If within an agricultural protection area, land of at least 20 acres in size, which is either contiguous or in close proximity to existing state agricultural districts or state, county, or land trust easements or state park or public land, may be considered even if it does not comprise a 50 acre parcel.

(5)

The land shall have a current soil conservation district approved soil conservation and water quality plan and, where appropriate, a nutrient management plan.

(c)

Criteria. The Agricultural Board shall seek to buy easements from the most productive farms in those locations where continued commercial agriculture is most likely to occur and shall evaluate easements on the following factors:

(1)

Size;

(2)

Quality of farm;

(3)

Location;

(4)

Proximity to other state agricultural districts and easements;

(5)

Adjacent land use;

(6)

Owner-operated as opposed to leased;

(7)

Gross farm sales;

(8)

Specialized farm operation;

(9)

Development pressure on the property;

(10)

Number of development rights;

(11)

Growth management area;

(12)

Percentage of gross area in production;

(13)

Price of easement;

(14)

Other factors the county determines are needed to preserve agricultural land.

(1988 Code, §§ 14-457, 14-458) (Bill No. 50-93, § 2, 7-10-1993; Bill No. 19-00, § 2, 7-1-2004; Bill No. 74-03, § 3, 7-1-2004)