§ 24-3-108. USE OF LAND.

(a)

Authorized uses. Authorized uses of land under a county agricultural easement are as provided in this section and for state agricultural districts under § 24-2-102(a) of this article and uses authorized under regulations adopted by the Department.

(b)

Residential and commercial uses - In general. The easement shall provide that subdivision for residential and commercial purposes is not authorized except as provided in this section.

(c)

Same - Children's lots.

(1)

On written application, the Agricultural Board shall allow a one time conveyance of 1 acre for each child of the owner who originally sold an easement to the county for the purpose of construction of one dwelling house intended for their use.

(2)

The Agricultural Board shall grant the exclusion of lots of 1 acre to be built on for a dwelling for the occupancy of the child of the grantor of the easement if the grantor has owned the property for at least 10 years before this request and subject to the conditions of paragraph (3) of this subsection.

(3)

(i)

Lots may not be placed on class I, II, and III soils unless no other location is suitable and the location will not significantly diminish the agricultural value of that easement property.

(ii)

On approval by the Agricultural Board, lot size may be more than 1 acre when necessary to meet well and septic requirements.

(iii)

1.

The lot is for the use of the child of the grantor for the purposes of building and residing in the home.

2.

Satisfactory proof of the child's intent to build and reside on these lots shall be submitted to the Agricultural Board as well as a signed affidavit that the child will reside there for a minimum of 1 year.

(iv)

The maximum number of children's lots may not exceed one house per 20 acres.

(v)

The following number of children's lots shall be granted except as provided for in subparagraph (vi) of this paragraph and limited by subparagraph (iv) of this paragraph:

Individual Size of Easement in Acres	Number of Children's Lots
20 - 50	1
51 - 100	2
101+	2, plus 1 per additional 20 acres (to a maximum of 5 lots)

 

(vi)

1.

The Agricultural Board shall consider, with or without conditions, a request that exceeds the limits in subparagraph (v) of this paragraph but does not exceed subparagraph (iv) of this paragraph.

2.

The Agricultural Board shall consider whether the proposed lot exclusion:

A.

Is consistent with the intent of this program;

B.

Will result in the loss of any productive agricultural land; and

C.

Will have minimal impact on the continued agricultural use of the property.

(vii)

1.

For the purposes of this section, children shall be legal children of the grantor.

2.

The Agricultural Board also may consider allowing the same right for children of a brother or sister of the grantor if that child is currently working on the farm and has worked full time on the farm for at least 5 years.

(viii)

In order to release a lot, a covenant is to be recorded in the deed stating: the property is located in the vicinity of an agricultural easement in which normal agricultural uses and activities have been afforded the highest priority use status; it can be anticipated that such agricultural uses and activities may now or in the future involve noise, dust, manure and other odors, the use of agricultural chemicals, and night-time farm operations; and the use and enjoyment of this property is expressly conditioned on acceptance of any annoyance or inconvenience that may result from such normal agricultural uses and activities.

(d)

Same - Tenant buildings.

(1)

The landowner may apply to the Agricultural Board for approval of a tenant building.

(2)

The Agricultural Board shall determine if the existing agricultural operation and scale justify the need for a tenant.

(3)

Lot locations shall be limited as provided in subsection (c)(3)(i) of this section.

(4)

New tenant buildings, except for farm labor buildings (building for seasonal labor), may not exceed 2,500 square feet.

(e)

Same - Owner's house.

(1)

The grantor may be entitled to construct an owner's house on the property if one does not exist.

(2)

House locations shall be limited as provided in subsection (c)(3)(i) of this section.

(f)

Same - Corporations and partnerships.

(1)

Corporations and partnerships are entitled to children's lots and are eligible for a tenant and owner building.

(2)

(i)

Only those stockholders or partners designated at the time of easement sale are entitled to children's lots and a tenant and owner building.

(ii)

The number of children's lots is limited as provided in subsection (c)(3)(v) of this section with no exceptions.

(g)

Same - Payment to the fund. An owner who excludes an acre from an easement for a dwelling under subsections (c) through (f) of this section shall reimburse the county agricultural land preservation fund an amount equal to the value per acre received when the easement was sold.

(h)

Same - Existing dwellings.

(1)

All dwellings other than the owner's house either existing at the time of easement sale or constructed in accordance with the easement:

(i)

May not be subdivided from the from the property except as provided under subsections (c) through (f) of this section; but

(ii)

May continue to be used for the purposes for which they were used at the time of easement sale.

(2)

(i)

Landowners may utilize an existing dwelling, except the main house, for a child's lot.

(ii)

The number of children's lots may not exceed the limits established in subsection (c)(3)(v) of this section.

(i)

Sale of land. This title does not restrict the right of an owner to sell land on which the county holds an easement.

(j)

Public access. Purchase of an easement by the county does not create a right of public access to the land unless the easement contract specifically provides for public access.

(k)

Deed form.

(1)

(i)

Easements donated in their entirety may be in perpetuity or for a specified term.

(ii)

Notwithstanding paragraph (2) of this subsection, special provisions, unique to the land or to the wishes of the donor, may be incorporated in the easement form for consideration by the Agricultural Board.

(2)

(i)

The restrictions in this paragraph are generally applicable to the encumbered land in any deed for an easement.

(ii)

1.

Any agricultural use of the land is authorized.

2.

Industrial or commercial use of the land is not authorized with the exception of uses related to the primary processing of agricultural or woodland products and the direct sale of locally produced agricultural and woodland products to the public.

(iii)

1.

Except as otherwise provided, subdivision for residential and commercial purposes is not allowed.

2.

On written application to, and approval by, the Agricultural Board, conveyance of a lot or lots for the purpose of construction of a dwelling or dwellings as limited by this title at the time that the easement was sold is allowed.

(iv)

The property may be subdivided for agricultural purposes with the written approval of the Agricultural Board.

(v)

Signs, billboards or outdoor advertising structures may not be displayed on the property, except that one sign, not exceeding applicable county zoning regulations, may be displayed to:

1.

State the name of the property and the name and address of the occupant;

2.

Advertise an activity allowed in this paragraph; and

3.

Advertise the property for sale or rental.

(vi)

Dumping of ashes, sawdust, bark, trash, rubbish, or any other material is not allowed except that which is for regular agricultural use.

(vii)

Agricultural lands shall be managed in accordance with sound agricultural and soil and water conservation practices, in a manner which will foster soil and water resource protection.

(viii)

Woodlands shall be managed in accordance with sound forestry practices and trees may be selectively or clear cut in a manner approved under applicable regulations and in accordance with an approved forest management plan that will consider multiple resource management objectives and assure protection of the soil and water resources.

(ix)

1.

The grantee and its representatives, after appropriate notice to the grantors and any person residing on the property, may enter the property for the purpose of inspection and enforcement of the terms of the easement granted under this title.

2.

The grantee may not inspect the interior of any dwelling on the subject property.

(x)

In case of doubt concerning the appropriateness or authority to engage in agricultural or related uses of encumbered property, the property owner may submit a written request for consideration and approval of the use to the Agricultural Board.

(l)

Enforcement. The county is charged with the responsibility to enforce this section and any regulations adopted under this title.

(1988 Code, §§ 14-461, 14-462) (Bill No. 50-93, 1993, § 2, 7-10-1993; Bill No. 19-00, § 2, 7-1-2004; Bill No. 90-02, § 1, 10-25-2002; Bill No. 74-03, § 3, 7-1-2004)