NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994
324.36206 Distribution of grants to local units of government; condition; reviewing permitted uses; contribution of development rights; purchase by local unit of government through installment purchase agreement; joint holding by state and local unit of government; delegation of enforcement authority; transfer to property owner; tax credits under MCL 324.36109.
(1) After the board determines which grants should be awarded, and the amount of the grants, the department shall distribute the grants to the local units of government awarded the grants. The department shall condition the receipt of a grant upon the department's approval of the agricultural conservation easements being acquired.
(2) In reviewing permitted uses contained within an agricultural conservation easement under subsection (1), the department shall consider all of the following:
(a) Whether the permitted uses adversely affect the productivity of farmland.
(b) Whether the permitted uses materially alter or negatively affect the existing conditions or use of the land.
(c) Whether the permitted uses result in a material alteration of an existing structure to a nonagricultural use.
(d) Whether the permitted uses conform with all applicable federal, state, and local laws and ordinances.
(3) The department may accept contributions of all or a portion of the development rights to 1 or more parcels of land, including a conservation easement or a historic preservation easement as defined in section 2140, as part of a transaction for the purchase of an agricultural conservation easement.
(4) A local unit of government that purchases an agricultural conservation easement with money from a grant may purchase the agricultural conservation easement through an installment purchase agreement under terms negotiated by the local unit of government.
(5) An agricultural conservation easement acquired under this part shall be held jointly by the state and the local unit of government in which the land subject to the agricultural conservation easement is located. However, the state may delegate enforcement authority of 1 or more agricultural conservation easements to the local units of government in which the agricultural conservation easements are located.
(6) An agricultural conservation easement acquired under this part may be transferred to the owner of the property subject to the agricultural conservation easement if the state and the local unit of government holding the agricultural conservation easement agree to the transfer and the terms of the transfer.
(7) Section 36109 provides for tax credits for an owner of farmland subject to an agricultural conservation easement under this section.
History: Add. 2000, Act 262, Imd. Eff. June. 29, 2000
Am. 2002, Act 75, Imd. Eff. Mar. 15, 2002
Popular Name: Act 451
Popular Name: NREPA
© 2009 Legislative Council, State of Michigan