Senate Introduced Bill B01247

SENATE BILL No. 1247

May 4, 2000, Introduced by Senators SIKKEMA, MC MANUS, EMMONS, GOUGEON,

STILLE, GAST, ROGERS, SCHWARZ, KOIVISTO, HAMMERSTROM and

GOSCHKA and referred to the Committee on Farming, Agribusiness and Food Systems.

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

(MCL 324.101 to 324.90106) by adding part 362.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 PART 362 AGRICULTURAL PRESERVATION FUND

2 SEC. 36201. AS USED IN THIS PART:

3 (A) "AGRICULTURAL CONSERVATION EASEMENT" MEANS A CONVEYANCE,

4 BY A WRITTEN INSTRUMENT, IN WHICH, SUBJECT TO PERMITTED USES, THE

5 OWNER RELINQUISHES TO THE PUBLIC IN PERPETUITY HIS OR HER DEVEL-

6 OPMENT RIGHTS AND MAKES A COVENANT RUNNING WITH THE LAND NOT TO

7 UNDERTAKE DEVELOPMENT.

8 (B) "AGRICULTURAL USE" MEANS SUBSTANTIALLY UNDEVELOPED LAND

9 DEVOTED TO THE PRODUCTION OF PLANTS AND ANIMALS USEFUL TO HUMANS,

10 INCLUDING FORAGES AND SOD CROPS; GRAINS, FEED CROPS, AND FIELD

11 CROPS; DAIRY AND DAIRY PRODUCTS; POULTRY AND POULTRY PRODUCTS;

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1 LIVESTOCK, INCLUDING BREEDING AND GRAZING OF CATTLE, SWINE,

2 CAPTIVE CERVIDAE, AND SIMILAR ANIMALS; BERRIES; HERBS; FLOWERS;

3 SEEDS; GRASSES; NURSERY STOCK; FRUITS; VEGETABLES; CHRISTMAS

4 TREES; AND OTHER SIMILAR USES AND ACTIVITIES. AGRICULTURAL USE

5 INCLUDES USE IN A FEDERAL ACREAGE SET-ASIDE PROGRAM OR A FEDERAL

6 CONSERVATION RESERVE PROGRAM. AGRICULTURAL USE DOES NOT INCLUDE

7 THE MANAGEMENT AND HARVESTING OF A WOODLOT.

8 (C) "BOARD" MEANS THE AGRICULTURAL PRESERVATION FUND BOARD

9 CREATED IN SECTION 36204.

10 (D) "COMMISSION" MEANS THE COMMISSION OF AGRICULTURE.

11 (E) "DEPARTMENT" MEANS THE DEPARTMENT OF AGRICULTURE.

12 (F) "DEVELOPMENT" MEANS AN ACTIVITY THAT MATERIALLY ALTERS

13 OR AFFECTS THE EXISTING CONDITIONS OR USE OF ANY LAND IN A MANNER

14 THAT IS INCONSISTENT WITH AN AGRICULTURAL USE.

15 (G) "DEVELOPMENT RIGHTS" MEANS AN INTEREST IN LAND THAT

16 INCLUDES THE RIGHT TO CONSTRUCT A BUILDING OR STRUCTURE, TO

17 IMPROVE LAND FOR DEVELOPMENT, OR TO DIVIDE A PARCEL FOR DEVELOP-

18 MENT PURPOSES.

19 (H) "FARMLAND" MEANS 1 OR MORE OF THE FOLLOWING:

20 (i) A FARM OF 40 OR MORE ACRES IN 1 OWNERSHIP, WITH 51% OR

21 MORE OF THE LAND AREA DEVOTED TO AN AGRICULTURAL USE.

22 (ii) A FARM OF 5 ACRES OR MORE IN 1 OWNERSHIP, BUT LESS THAN

23 40 ACRES, WITH 51% OR MORE OF THE LAND AREA DEVOTED TO AN AGRI-

24 CULTURAL USE, THAT HAS PRODUCED A GROSS ANNUAL INCOME FROM AGRI-

25 CULTURE OF $200.00 PER YEAR OR MORE PER ACRE OF CLEARED AND TIL-

26 LABLE LAND. A FARM DESCRIBED IN THIS SUBPARAGRAPH ENROLLED IN A

27 FEDERAL ACREAGE SET ASIDE PROGRAM OR A FEDERAL CONSERVATION

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1 RESERVE PROGRAM IS CONSIDERED TO HAVE PRODUCED A GROSS ANNUAL

2 INCOME FROM AGRICULTURE OF $200.00 PER YEAR OR MORE PER ACRE OF

3 CLEARED AND TILLABLE LAND.

4 (iii) A FARM DESIGNATED BY THE DEPARTMENT OF AGRICULTURE AS

5 A SPECIALTY FARM IN 1 OWNERSHIP THAT HAS PRODUCED A GROSS ANNUAL

6 INCOME OF $2,000.00 OR MORE FROM AN AGRICULTURAL USE. SPECIALTY

7 FARMS INCLUDE, BUT ARE NOT LIMITED TO, GREENHOUSES; EQUINE BREED-

8 ING AND GRAZING; THE BREEDING AND GRAZING OF CERVIDAE, PHEASANTS,

9 AND OTHER GAME ANIMALS; BEES AND BEE PRODUCTS; MUSHROOMS; AQUA-

10 CULTURE; AND OTHER SIMILAR USES AND ACTIVITIES.

11 (iv) PARCELS OF LAND IN 1 OWNERSHIP THAT ARE NOT CONTIGUOUS

12 BUT WHICH CONSTITUTE AN INTEGRAL PART OF A FARMING OPERATION

13 BEING CONDUCTED ON LAND OTHERWISE QUALIFYING AS FARMLAND MAY BE

14 INCLUDED IN AN APPLICATION UNDER THIS PART.

15 (I) "FUND" MEANS THE AGRICULTURAL PRESERVATION FUND CREATED

16 IN SECTION 36202.

17 (J) "GRANT" MEANS A GRANT FOR THE PURCHASE OF AN AGRICULTURE

18 CONSERVATION EASEMENT UNDER THIS PART.

19 (K) "OWNER" MEANS A PERSON HAVING A FREEHOLD ESTATE IN LAND

20 COUPLED WITH POSSESSION AND ENJOYMENT. IF LAND IS SUBJECT TO A

21 LAND CONTRACT, OWNER MEANS THE VENDEE IN AGREEMENT WITH THE

22 VENDOR.

23 (l) "PERMITTED USE" MEANS ANY USE EXPRESSLY AUTHORIZED

24 WITHIN AN AGRICULTURE CONSERVATION EASEMENT CONSISTENT WITH THE

25 FARMING OPERATION OR THAT DOES NOT ADVERSELY AFFECT THE PRODUC-

26 TIVITY OF THE FARMLAND. STORAGE, RETAIL OR WHOLESALE MARKETING,

27 OR PROCESSING OF AGRICULTURAL PRODUCTS IS A PERMITTED USE IN A

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1 FARMING OPERATION IF MORE THAN 50% OF THE STORED, PROCESSED, OR

2 MERCHANDISED PRODUCTS ARE PRODUCED BY THE FARM OPERATOR FOR AT

3 LEAST 3 OF THE IMMEDIATELY PRECEDING 5 YEARS. PERMITTED USE

4 INCLUDES OIL AND GAS EXPLORATION AND EXTRACTION, BUT DOES NOT

5 INCLUDE OTHER MINERAL DEVELOPMENT THAT IS INCONSISTENT WITH AN

6 AGRICULTURAL USE.

7 SEC. 36202. (1) THE AGRICULTURAL PRESERVATION FUND IS CRE-

8 ATED WITHIN THE STATE TREASURY.

9 (2) THE STATE TREASURER MAY RECEIVE MONEY OR OTHER ASSETS

10 FROM ANY SOURCE FOR DEPOSIT INTO THE FUND, INCLUDING GIFTS,

11 BEQUESTS, AND OTHER DONATIONS. THE STATE TREASURER SHALL DIRECT

12 THE INVESTMENT OF THE FUND AND SHALL CREDIT TO THE FUND INTEREST

13 AND EARNINGS FROM FUND INVESTMENTS.

14 (3) MONEY IN THE FUND AT THE CLOSE OF THE FISCAL YEAR SHALL

15 REMAIN IN THE FUND AND SHALL NOT LAPSE TO THE GENERAL FUND.

16 (4) MONEY IN THE FUND MAY BE EXPENDED, UPON APPROPRIATION,

17 FOLLOWING APPROVAL OF THE BOARD AND THE COMMISSION, AS FOLLOWS:

18 (A) NOT MORE THAN $700,000.00 ANNUALLY FOR THE ADMINISTRA-

19 TIVE COSTS OF THE DEPARTMENT AND THE BOARD IN IMPLEMENTING THIS

20 PART AND PART 361. HOWEVER, IF DEPOSITS INTO THE FUND DURING ANY

21 GIVEN FISCAL YEAR EXCEED $8,750,000.00, UP TO 8% OF THE DEPOSITS

22 MAY BE EXPENDED FOR ADMINISTRATIVE COSTS PURSUANT TO THIS

23 SUBDIVISION.

24 (B) AFTER EXPENDITURES FOR THE ADMINISTRATIVE COSTS UNDER

25 SUBDIVISION (A), MONEY IN THE FUND MAY BE USED FOR THE FOLLOWING

26 PURPOSES:

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1 (i) TO PROVIDE GRANTS TO COUNTIES PURSUANT TO

2 SECTION 36203.

3 (ii) FOR CREDITS UNDER SECTION 36205(5) IF AUTHORIZED UNDER

4 SECTION 36205(5).

5 (iii) FOR THE DEPARTMENT TO APPLY TOWARD THE LOCAL MATCH

6 REQUIRED OF COUNTIES UNDER PART 19 FOR A GRANT FROM THE NATURAL

7 RESOURCES TRUST FUND TO PURCHASE DEVELOPMENT RIGHTS ON FARMLAND.

8 HOWEVER, MONEY SHALL ONLY BE EXPENDED UNDER THIS SUBDIVISION IF

9 THE BOARD APPROVES ITS USE FOR THIS PURPOSE AT LEAST 120 DAYS

10 PRIOR TO THE DEADLINE FOR SUBMITTING AN APPLICATION FOR A GRANT

11 UNDER PART 19. IF MONEY IS APPROPRIATED FOR THE PURPOSE OF THIS

12 SUBDIVISION, THE AMOUNT THAT A COUNTY IS ELIGIBLE TO RECEIVE

13 SHALL NOT EXCEED 5% OF THE AMOUNT OF MONEY COLLECTED BY THE

14 COUNTY UNDER THE AGRICULTURAL PROPERTY RECAPTURE ACT.

15 (C) AFTER EXPENDITURES UNDER SUBDIVISIONS (A) AND (B) HAVE

16 BEEN MADE, IF THE AMOUNT OF REMAINING MONEY IN THE FUND EXCEEDS

17 $10,000,000.00, MONEY IN THE FUND MAY BE USED PURSUANT TO

18 SECTION 36111B FOR THE ACQUISITION OF DEVELOPMENT RIGHTS OR AGRI-

19 CULTURAL CONSERVATION EASEMENTS.

20 (5) EXPENDITURES OF MONEY IN THE FUND AS PROVIDED IN THIS

21 PART ARE CONSISTENT WITH THE STATE'S INTEREST IN PRESERVING FARM-

22 LAND AND ARE DECLARED TO BE FOR AN IMPORTANT PUBLIC PURPOSE.

23 SEC. 36203. (1) THE DEPARTMENT SHALL ESTABLISH A GRANT PRO-

24 GRAM TO PROVIDE GRANTS TO ELIGIBLE COUNTIES FOR THE PURCHASE OF

25 AGRICULTURAL CONSERVATION EASEMENTS.

26 (2) A GRANT APPLICATION SHALL BE SUBMITTED BY THE COUNTY

27 BOARD OF COMMISSIONERS OF THE COUNTY APPLYING FOR THE GRANT. A

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1 COUNTY BOARD OF COMMISSIONERS IS ELIGIBLE TO SUBMIT A GRANT

2 APPLICATION UNDER THIS SECTION IF ALL OF THE FOLLOWING REQUIRE-

3 MENTS HAVE BEEN MET:

4 (A) THE COUNTY HAS ESTABLISHED A COUNTY AGRICULTURAL PRESER-

5 VATION BOARD UNDER SUBSECTION (5).

6 (B) THE COUNTY HAS ADOPTED A DEVELOPMENT RIGHTS ORDINANCE

7 PROVIDING FOR A PURCHASE OF DEVELOPMENT RIGHTS PROGRAM PURSUANT

8 TO THE COUNTY ZONING ACT, 1943 PA 183, MCL 125.201 TO 125.240,

9 THAT CONTAINS ALL OF THE FOLLOWING:

10 (i) AN APPLICATION PROCEDURE.

11 (ii) THE CRITERIA FOR A SCORING SYSTEM, TO BE APPROVED BY

12 BOTH THE COUNTY AGRICULTURAL PRESERVATION BOARD AND THE COUNTY

13 BOARD OF COMMISSIONERS, FOR PARCEL SELECTIONS WITHIN THE COUNTY.

14 (iii) A METHOD TO ESTABLISH THE PRICE TO BE PAID FOR DEVEL-

15 OPMENT RIGHTS, WHICH MAY INCLUDE AN APPRAISAL, BIDDING, OR

16 FORMULA-BASED PROCESS.

17 (iv) PRIORITY CONSIDERATION FOR TOWNSHIPS, CITIES, OR VIL-

18 LAGES THAT HAVE PROVIDED ADDITIONAL MATCHING FUNDS FOR THE PUR-

19 CHASE OF DEVELOPMENT RIGHTS OR HAVE ESTABLISHED AGRICULTURAL

20 DISTRICTS.

21 (C) THE COUNTY HAS ADOPTED, WITHIN THE LAST 10 YEARS, A COM-

22 PREHENSIVE LAND USE PLAN THAT INCLUDES A PLAN FOR AGRICULTURAL

23 PRESERVATION.

24 (3) AN APPLICATION FOR A GRANT SHALL BE SUBMITTED ON A FORM

25 PRESCRIBED BY THE DEPARTMENT. THE GRANT APPLICATION SHALL

26 INCLUDE AT A MINIMUM A LIST OF THE PARCELS PROPOSED FOR

27 ACQUISITION OF AGRICULTURAL CONSERVATION EASEMENTS, THE SIZE AND

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1 LOCATION OF EACH PARCEL, THE AMOUNT OF LOCAL MATCHING FUNDS, AND

2 THE ESTIMATED ACQUISITION VALUE OF THE AGRICULTURAL CONSERVATION

3 EASEMENTS.

4 (4) UPON RECEIPT OF GRANT APPLICATIONS PURSUANT TO

5 SUBSECTION (3), THE DEPARTMENT SHALL FORWARD THOSE GRANT APPLICA-

6 TIONS TO THE BOARD FOR CONSIDERATION UNDER SECTION 36205.

7 (5) A COUNTY MAY ESTABLISH A COUNTY AGRICULTURAL PRESERVA-

8 TION BOARD. A COUNTY AGRICULTURAL PRESERVATION BOARD SHALL CON-

9 SIST OF NOT MORE THAN 7 MEMBERS INCLUDING 1 MEMBER REPRESENTING

10 DEVELOPMENT INTERESTS AND 1 MEMBER OF A TOWNSHIP BOARD FROM A

11 TOWNSHIP WITHIN THE COUNTY. A MAJORITY OF MEMBERS OF THE COUNTY

12 AGRICULTURAL PRESERVATION BOARD SHALL REPRESENT AGRICULTURAL

13 INTERESTS. THE COUNTY AGRICULTURAL PRESERVATION BOARD SHALL PRO-

14 VIDE RECOMMENDATIONS, IN ACCORDANCE WITH THE COUNTY ORDINANCE, TO

15 THE COUNTY BOARD OF COMMISSIONERS ON THE SELECTION OF PARCELS TO

16 BE INCLUDED IN THE GRANT APPLICATION SUBMITTED UNDER THIS

17 SECTION.

18 SEC. 36204. (1) THE AGRICULTURAL PRESERVATION FUND BOARD IS

19 CREATED WITHIN THE DEPARTMENT.

20 (2) THE BOARD SHALL CONSIST OF THE FOLLOWING MEMBERS:

21 (A) THE DIRECTOR OF THE DEPARTMENT OR HIS OR HER DESIGNEE.

22 (B) THE DIRECTOR OF THE DEPARTMENT OF NATURAL RESOURCES OR

23 HIS OR HER DESIGNEE.

24 (C) FIVE INDIVIDUALS APPOINTED BY THE GOVERNOR AS FOLLOWS:

25 (i) TWO INDIVIDUALS REPRESENTING AGRICULTURAL INTERESTS.

26 (ii) TWO INDIVIDUALS REPRESENTING CONSERVATION INTERESTS.

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1 (iii) ONE INDIVIDUAL REPRESENTING THE GENERAL PUBLIC.

2 (D) IN ADDITION TO THE MEMBERS DESCRIBED IN SUBDIVISIONS (A)

3 TO (C), THE DIRECTOR OF THE DEPARTMENT MAY APPOINT 2 INDIVIDUALS

4 WITH KNOWLEDGE AND EXPERTISE IN AGRICULTURE OR LAND USE, OR LOCAL

5 GOVERNMENT, AS NONVOTING MEMBERS.

6 (3) THE MEMBERS FIRST APPOINTED TO THE BOARD SHALL BE

7 APPOINTED WITHIN 60 DAYS AFTER THE EFFECTIVE DATE OF THIS

8 SECTION.

9 (4) MEMBERS OF THE BOARD APPOINTED UNDER SUBSECTION (2)(C)

10 AND (D) SHALL SERVE FOR TERMS OF 4 YEARS OR UNTIL A SUCCESSOR IS

11 APPOINTED, WHICHEVER IS LATER. HOWEVER, OF THE MEMBERS FIRST

12 APPOINTED UNDER SUBSECTION (2)(C), 1 SHALL BE APPOINTED FOR A

13 TERM OF 2 YEARS, 2 SHALL BE APPOINTED FOR TERMS OF 3 YEARS, AND 2

14 SHALL BE APPOINTED FOR TERMS OF 4 YEARS.

15 (5) A MAJORITY OF THE MEMBERS OF THE BOARD CONSTITUTE A

16 QUORUM FOR THE TRANSACTION OF BUSINESS AT A MEETING OF THE

17 BOARD. A MAJORITY OF THE MEMBERS PRESENT AND SERVING ARE

18 REQUIRED FOR OFFICIAL ACTION OF THE BOARD.

19 (6) MEMBERS OF THE BOARD SHALL SERVE WITHOUT COMPENSATION.

20 HOWEVER, MEMBERS OF THE BOARD MAY BE REIMBURSED FOR THEIR ACTUAL

21 AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR OFFI-

22 CIAL DUTIES AS MEMBERS OF THE BOARD.

23 (7) THE BOARD SHALL ANNUALLY ELECT A CHAIRPERSON AND A

24 VICE-CHAIRPERSON FROM AMONG ITS MEMBERS.

25 (8) THE BOARD MAY REMOVE A MEMBER OF THE BOARD FOR INCOMPE-

26 TENCY, DERELICTION OF DUTY, MALFEASANCE, MISFEASANCE, OR

27 NONFEASANCE IN OFFICE, OR ANY OTHER GOOD CAUSE.

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1 (9) A VACANCY ON THE BOARD SHALL BE FILLED FOR THE UNEXPIRED

2 TERM IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT.

3 SEC. 36205. (1) AN APPLICATION SUBMITTED TO THE BOARD UNDER

4 SECTION 36203 SHALL BE EVALUATED ACCORDING TO SELECTION CRITERIA

5 ESTABLISHED BY THE BOARD. THE CRITERIA SHALL PLACE A PRIORITY ON

6 THE PRESERVATION OF FARMLAND THAT MEETS 1 OR MORE OF THE

7 FOLLOWING:

8 (A) FARMLAND THAT HAS A PRODUCTIVE CAPACITY SUITED FOR THE

9 PRODUCTION OF FEED, FOOD, AND FIBER.

10 (B) FARMLAND THAT WOULD COMPLEMENT AND IS PART OF A DOCU-

11 MENTED, LONG-RANGE EFFORT OR PLAN FOR LAND PRESERVATION BY THE

12 COUNTY IN WHICH THE FARMLAND IS LOCATED CONSISTENT WITH THE

13 COUNTY'S COMPREHENSIVE LAND USE PLAN.

14 (C) FARMLAND THAT IS LOCATED WITHIN AN AGRICULTURAL DISTRICT

15 ESTABLISHED UNDER PART 361 OR AN AREA THAT COMPLEMENTS OTHER LAND

16 PROTECTION EFFORTS BY CREATING A BLOCK OF FARMLAND THAT IS

17 SUBJECT TO AN AGRICULTURAL CONSERVATION EASEMENT UNDER THIS PART

18 OR PART 361 OR A RESOURCE CONSERVATION EASEMENT UNDER PART 19.

19 (D) FARMLAND THAT IS FACED WITH DEVELOPMENT PRESSURE THAT

20 WILL PERMANENTLY ALTER THE ABILITY FOR THAT FARMLAND TO BE USED

21 FOR PRODUCTIVE AGRICULTURAL ACTIVITY.

22 (E) FARMLAND IN WHICH A LARGER AMOUNT THAN THE MINIMUM

23 REQUIRED UNDER SUBSECTION (4) OF MATCHING FUNDS OR A LARGER PER-

24 CENTAGE OF THE AGRICULTURAL CONSERVATION EASEMENT VALUE IS PRO-

25 VIDED BY SOURCES OTHER THAN THE FUND.

26 (F) OTHER FACTORS CONSIDERED IMPORTANT BY THE BOARD.

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1 (2) AFTER REVIEWING GRANT APPLICATIONS FOR THE ACQUISITION

2 OF AGRICULTURAL CONSERVATION EASEMENTS AND EVALUATING THEM

3 ACCORDING TO THE CRITERIA ESTABLISHED IN SUBSECTION (1), THE

4 BOARD SHALL DETERMINE WHICH GRANTS SHOULD BE APPROVED AND THE

5 AMOUNT OF THE GRANTS AND SHALL SUBMIT A REPORT CONTAINING THIS

6 INFORMATION TO THE COMMISSION.

7 (3) SUBJECT TO SUBSECTION (5), A GRANT SHALL NOT EXCEED 75%

8 OF THE PURCHASE PRICE OF AN AGRICULTURAL CONSERVATION EASEMENT.

9 THE BOARD MAY ESTABLISH A MAXIMUM AMOUNT PER ACRE THAT MAY BE

10 EXPENDED WITH MONEY FROM THE FUND FOR THE PURCHASE OF AGRICUL-

11 TURAL CONSERVATION EASEMENTS.

12 (4) SUBJECT TO SUBSECTION (5), A GRANT SHALL REQUIRE THAT AT

13 LEAST 25% OF THE COST OF ACQUIRING AN AGRICULTURAL CONSERVATION

14 EASEMENT SHALL BE PROVIDED BY THE COUNTY BOARD OF COMMISSIONERS,

15 THE GOVERNING BODY OF A MUNICIPALITY WITHIN THE COUNTY, THE LAND-

16 OWNER, OR ANOTHER PERSON.

17 (5) AT LEAST 120 DAYS BEFORE THE DEADLINE FOR SUBMITTING

18 APPLICATIONS FOR GRANTS, THE BOARD MAY AUTHORIZE THE USE OF ADDI-

19 TIONAL MONEY FROM THE FUND AS A CREDIT TOWARD THE MATCH REQUIRED

20 IN SUBSECTION (4). THE AMOUNT OF THE CREDITS SHALL NOT EXCEED

21 20% OF THE REVENUE COLLECTED DURING THE PREVIOUS FISCAL YEAR BY

22 THE COUNTY SUBMITTING THE GRANT APPLICATION UNDER THE AGRICUL-

23 TURAL PROPERTY RECAPTURE ACT. A CREDIT UNDER THIS SUBSECTION

24 SHALL BE APPLIED TO ALL GRANT AWARDS MADE DURING THE AWARD

25 PERIOD.

26 SEC. 36206. (1) UPON APPROVAL BY THE BOARD, THE DEPARTMENT

27 SHALL DISTRIBUTE THE GRANTS TO THE COUNTIES AWARDED THE GRANTS.

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1 THE DEPARTMENT SHALL CONDITION THE RECEIPT OF A GRANT UPON THE

2 DEPARTMENT'S APPROVAL OF THE AGRICULTURAL CONSERVATION EASEMENTS

3 BEING ACQUIRED.

4 (2) IN REVIEWING PERMITTED USES CONTAINED WITHIN AN AGRICUL-

5 TURAL CONSERVATION EASEMENT UNDER SUBSECTION (1), THE DEPARTMENT

6 SHALL CONSIDER ALL OF THE FOLLOWING:

7 (A) WHETHER THE PERMITTED USES ADVERSELY AFFECT THE PRODUC-

8 TIVITY OF FARMLAND.

9 (B) WHETHER THE PERMITTED USES MATERIALLY ALTER OR NEGA-

10 TIVELY AFFECT THE EXISTING CONDITIONS OR USE OF THE LAND.

11 (C) WHETHER THE PERMITTED USES RESULT IN A MATERIAL ALTER-

12 ATION OF AN EXISTING STRUCTURE TO A NONAGRICULTURAL USE.

13 (D) WHETHER THE PERMITTED USES CONFORM WITH ALL APPLICABLE

14 FEDERAL, STATE, AND LOCAL LAWS AND ORDINANCES.

15 (3) AN AGRICULTURAL CONSERVATION EASEMENT ACQUIRED UNDER

16 THIS PART SHALL BE HELD JOINTLY BY THE STATE AND THE COUNTY BOARD

17 OF COMMISSIONERS OF THE COUNTY IN WHICH THE LAND SUBJECT TO THE

18 AGRICULTURAL CONSERVATION EASEMENT IS LOCATED. HOWEVER, THE

19 STATE MAY DELEGATE ENFORCEMENT AUTHORITY OF 1 OR MORE AGRICUL-

20 TURAL CONSERVATION EASEMENTS TO THE COUNTY BOARDS OF COMMISSION-

21 ERS OF THE COUNTIES IN WHICH THE AGRICULTURAL CONSERVATION EASE-

22 MENTS ARE LOCATED.

23 (4) THE DEPARTMENT MAY ACCEPT CONTRIBUTIONS OF ALL OR A POR-

24 TION OF THE DEVELOPMENT RIGHTS TO 1 OR MORE PARCELS OF LAND AS

25 PART OF A TRANSACTION FOR THE PURCHASE OF AN AGRICULTURAL CONSER-

26 VATION EASEMENT.

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1 (5) A COUNTY THAT PURCHASES AN AGRICULTURAL CONSERVATION

2 EASEMENT WITH MONEY FROM A GRANT MAY PURCHASE THE AGRICULTURAL

3 CONSERVATION EASEMENT THROUGH AN INSTALLMENT PURCHASE AGREEMENT

4 UNDER TERMS NEGOTIATED BY THE COUNTY.

5 SEC. 36208. THE DEPARTMENT MAY PROMULGATE RULES TO IMPLE-

6 MENT THIS PART.

7 Enacting section 1. This amendatory act does not take

8 effect unless all of the following occur:

9 (a) Senate Bill No. 1245

10 of the 90th Legislature is enacted into law.

11 (b) Senate Bill No. 1246

12 of the 90th Legislature is enacted into law.

13 (c) Senate Joint Resolution M of the 90th Legislature

14 becomes a part of the state constitution of 1963 as provided in

15 section 1 of article XII of the state constitution of 1963.

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