§ 14-131. Property use restrictions.

In addition to restrictions set out elsewhere in these guidelines, the following restrictions will generally apply to property included in the purchase, acquisition of determinable conservation easements or donation of conservation easements. Individual easement parameters, restrictions, reserved rights and conservation purposes will be negotiated with the landowner by county staff with subsequent approval by the county attorney prior to any BOCC action.

(1)

Residences permitted on the land from which conservation easements have been conveyed are existing dwellings and the replacement of existing dwellings. Request for additional dwellings shall be considered on a case-by-case basis.

(2)

All permitted nonagricultural structures shall, when feasible, be located in the immediate vicinity of existing structures, described as homestead or curtilage, as reasonable expansions of the homestead or curtilage or on the area(s) of the property of least productive capability. Such permitted structures shall, when feasible, utilize existing or common driveways, lanes or rights-of-way.

(3)

The extraction of minerals by surface mining and extraction and removal of topsoil from the property are prohibited. The extraction of subsurface or deep-mined minerals, including natural gas and oil, and the noncommercial extraction of minerals including limestone, shale and other minerals shall be permitted, as long as the removal activity does not significantly diminish the agricultural potential of the land.

(4)

Use of the property for dumping, storage, processing, or landfill of nonagricultural solid waste generated off-site is prohibited. Land application of biosolids is acceptable.

(5)

Use of the property for dumping, storage, processing, or landfill of hazardous or nuclear waste is prohibited.

(6)

Signs, billboard, and outdoor advertising structures may not be displayed on the property except to state the name of the property, farmland status, the name and address of the occupant, to advertise an on-site activity and to advertise the property for sale or rent, as allowed by the county sign ordinance.

(7)

Agricultural land will be managed in accordance with sound soil and water conservation practices in a manner which will not destroy or substantially or irretrievably diminish the productive capability of the property.

(8)

County officials shall have the right to enforce these restrictions by injunction and all other appropriate proceedings allowable by law. Representatives of the county may enter upon the property for the purposes of inspection concerning compliance with the farmland protection program.

(9)

The county will hold the conservation easements in public trust for farmland protection and/or open space purposes and will not voluntarily assign these rights except to another organization bound to hold such rights for the same purposes.

(10)

All tracts of land from which conservation easements were purchased with federal or state funds will be subject to federal and state regulations concerning farmland protection.

(11)

Timbering operations. Clear cutting of timber is not allowed. A request to waive this restriction will be considered only if a valid management plan prepared by a registered forester or consulting forester, is submitted with the request.

(Ord. No. 7-12-99, § VI; Ord. of 5-27-03)