901-2-04 Application procedure.

(A) The open enrollment application period shall not exceed ninety days per year.

(B) Application shall be made on a form provided by the director. The application shall contain information regarding:

(1) A resolution or ordinance from the political subdivision or a recorded action from a soil and water conservation district, charitable organization supporting the landowner’s application, certifying the availability and committing to pay the required local match is available, and agreeing to monitor, supervise and enforce the deed of agricultural easement on behalf of the director.

(2) The printed name, address, telephone number and signature of all owners of the application property, including land contract holders.

(3) The municipality, county, township, and street address where the application property is located.

(4) The most current deed reference book, volume and page or other reference to the place of record of the deed. In the case of multiple deeds, numbers for all the deeds shall be provided.

(5) The name, address and telephone number of the person to be contacted to view the application property if other than the landowner.

(6) Total number of acres as shown on the deed or instrument of record and the total number of acres currently available for agriculture, including forested land.

(7) The type of agriculture practiced.

(8) Identification of any existing restrictive covenants or third party interests.

(9) The current agricultural use value of the application property, and the market value of the application property as determined by the county auditor’s most recent assessment.

(10) The most recent copy of the real property record from the county auditor establishing that the application property is valued for purposes of real property taxation at its current value for agricultural use under section 5713.31 of the Revised Code, except the homestead.

(11) The most recent copy of the real property record from the county auditor establishing that the application property is currently enrolled in an agricultural district as provided for in section 929.02 of the Revised Code.

(12) A copy of the current owner’s deed of record.

(13) An aerial photograph of the application property showing a one mile radius of the application property, if available.

(14) A sketch, roughly to scale, or a map of the application property, including boundaries, existing roads and buildings, distance from sewer and water, interchanges, pipelines, and power easements, and noting any land excluded from the easement.

(15) A letter certifying that the application is part of a group of applications from a number of adjacent landowners if the application is within such a group.

(16) A statement of:

(a) Proximity to other protected lands;

(b) Management practices;

(d) Local comprehensive planning and farmland preservation efforts;

(e) Other factors as determined by the director prior to each application funding round.

(17) Narrative response to the tier two ranking criteria in paragraph (D) of rule 901-2-05 of the Administrative Code.

(C) A section of the application approved by the county soil and water conservation district indicating, but not limited to;

(1) Total number of acres available for agricultural use;

(2) Total number of such available acres considered prime, unique, or locally important;

(3) Total per cent of such available acres considered prime, unique or locally important.

(4) The date and status of the conservation plan, if any, which has been approved by the county soil and water conservation district.

(5) The date and status of any nutrient management plan.

(6) A United States geological service topographical map with ten foot contour intervals and a county tax map that includes tax parcel numbers.

(7) A soils report and a color-coded soils map containing a list of soil mapping unit names, symbols and land capability classes on the application property. The soils map shall color code soil types as follows:

(a) Class 1 = green

(b) Class 2 = yellow

(d) Class 4 = blue

(e) Class 5-7 = uncolored

(f) Wetlands = cross-hatch, or shown on a separate map.

(D) The application must be signed by the municipal corporation, county commissioners, trustees, soil and water conservation district, charitable organization, or their authorized representative completing the application. The county or municipal planner, engineer or other qualified official as approved by the director must also sign the application to verify that all reported distances are accurate and complete.

(E) Certification by the county or municipal engineer that the existing property description is accurate. If not, a property survey will be required.

(F) If the grant recipient is a charitable organization, it must be tax exempt and be organized for the purpose of the preservation of agricultural land and the submitted land must be valued for purposes of real property taxation at its current value for agricultural use under section 5713.31 of the Revised Code.

(G) If the applicant requesting the matching grant is a charitable organization as defined in division (B) of section 5301.69 of the Revised Code, also required to be submitted is:

(1) A copy of the organization’s exemption under 26 U.S.C. 1, subsection 501(a) and 501(c);

(2) A statement of the organization’s stewardship endowment policy.

(3) An ordinance or resolution supporting the agricultural easement from the political subdivision(s) where the application property is located.

(4) In order for the charitable organization or soil and water conservation district to demonstrate to the director that it has the capability to hold, monitor and enforce an agricultural easement, the organization must provide, at the request of the director, information on the following:

(a) A copy of the organization’s by-laws stating that farmland preservation is one of its purposes.

(b) A list of the organization’s officers, board of directors, and members.

(c) The organization’s financial condition, including a balance sheet, revenue and expense statement, and the financing available for monitoring and enforcing an agricultural easement.

(d) The organization’s ability to provide the necessary managerial, legal and financial expertise to hold, monitor, and enforce an agricultural easement.

(H) No application shall be accepted which is:

(1) Completed and postmarked after the closing date for submission;

(2) Incomplete, or not accompanied by all of the information required under paragraphs (B) to (G) of this rule.

(I) Amendments\Clarifications to Easement Application:

(1) Amendments of application will be allowed only if the amendment is received prior to the application deadline. No amendment will be permitted after the application deadline.

(J) Clarification and Corrections

(1) During the application review process the Ohio department of agriculture may request clarification from an applicant\landowner and may give an applicant an opportunity to correct typographical errors\defects in their application.

(K) Applications must contain all material set forth in 901-2-04. Any application failing to meet the set forth requirements of the rule shall automatically be disqualified, unless the director believes that it is in the department’s best interest to waive any defect in the application.

Effective: 03/21/2006

R.C. 119.032 review dates: 11/22/2005 and 03/21/2010

Promulgated Under: 119.03

Statutory Authority: 901.22(A)

Rule Amplifies: 901.21, 901.22, 5301.67

Prior Effective Dates: 02/01/02, 02/21/05