Bill > H710

This bill amends laws concerning conservation and agricultural preservation restrictions, which are legal agreements that limit land development. It clarifies that landowners seeking to end a non-development covenant and receive payment for an agricultural preservation restriction must reimburse the state for any prior compensation received. The bill also establishes a program managed by the secretary of energy and environmental affairs to help acquire agricultural preservation restrictions, defining the process for payments to landowners and specifying that title to these restrictions can be held jointly by the commonwealth and local entities or certain organizations that provide assistance. Furthermore, it grants the department of agricultural resources exclusive authority to enforce these restrictions, including issuing orders and imposing fines for violations, and outlines procedures for appealing enforcement orders. The bill also allows for special permits for non-agricultural activities, such as alternative energy facilities, on restricted land under specific conditions, and creates a land use technical advisory committee to recommend rules and grant exemptions for landowners facing financial hardship. A new Agricultural Preservation Trust Fund is established to hold and disburse funds related to these restrictions, and the bill clarifies that certain historical, archeological, and preserved properties, as well as properties protected by conservation or agricultural preservation restrictions, cannot be taken without a special law or the owner's consent, respectively, with specific procedures for releasing such restrictions, including a requirement for a two-thirds vote of the legislature for restrictions purchased with state funds. Finally, it allows the department of telecommunications and energy to authorize utility easements on restricted land under certain conditions, requiring compensation to landowners and restriction holders, and updates provisions regarding who can enforce restrictions and how they can be released.