Bill > A4714

Introduced Session

This bill would require the State Agriculture Development Committee (committee), when adopting new or revised rules, regulations, or standards applicable to preserved farmland, the owners thereof, the execution or content of farmland preservation agreements, or the nature or scope of farmland preservation development easements, to exempt from those new or revised rules, regulations, or standards, any previously preserved farmland, owner thereof, or pre-existing agreement or development easement pursuant to which the farmland was preserved, unless the owner of the previously preserved farmland provides written consent expressly agreeing to be bound by the new or revised rules, regulations, or standards. "Previously preserved farmland" is defined to mean any farmland that was preserved prior to the committee's adoption of new or revised rules, regulations, or standards applicable to such farmland, the owners thereof, or the agreements or development easements pursuant to which the farmland land was originally preserved. Specifically, before the committee implements or enforces a new or revised rule, regulation, or standard on previously preserved farmland, on the owners thereof, or on a pre-existing agreement or development easement pursuant to which the farmland was preserved, the committee will be required to provide written notice, to each owner of previously preserved farmland, identifying the need for, the subject matter being addressed by, and the content and import of, the new or revised rule, regulation, or standard, and requesting that each owner agree to be bound by the new or revised rule, regulation, or standard. The notice may be published in a newspaper of general circulation in each county in the State or may be sent, by certified mail, to each owner of previously preserved farmland, or both. If the owner of previously preserved farmland provides the committee with written consent indicating the owner's agreement to be bound by the new or revised rules, regulations, or standards set forth in the notice of rules change, those new or revised rules, regulations, or standards will be deemed to be incorporated, by reference, into the owner's pre-existing farmland preservation agreement, and the owner, and any future owner of the land, will be subject to compliance with the new or revised rules, regulations, or standards. The bill would exempt from compliance with any new or revised committee rules, regulations, or standards, any owner of previously preserved farmland who does not consent, in writing, to be bound by the new or revised rules, regulations, or standards. Any prospective owner of previously preserved farmland would be required, upon the transfer of such land thereto, to agree to be bound by all laws, rules, regulations, and standards applicable to preserved farmland, the owners thereof, the execution or content of farmland preservation agreements, and the nature or scope of farmland preservation development easements, which are in effect on the date of transfer, regardless of whether the land being transferred was previously exempt from compliance with certain new or revised rules, regulations, and standards, as provided by the bill. The bill would require the committee to annually report, to the Governor and the Legislature, the new or revised rules, regulations, and standards adopted thereby over the prior year, and the location and owner of each parcel of previously preserved farmland that is exempted from the new or revised rules, regulations, or standards.

AI Summary

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Alex Sauickie (R)*, 

Introduced, Referred to Assembly Agriculture and Food Security Committee (on 10/11/2022)

Official Document