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Rule 901-2-01 | Definitions.
Effective:
September 26, 2024
As used in this chapter: (A) "Agriculture" has the same meaning as section
5301.67 of the Revised Code. (B) "Agricultural area" means land that a political
subdivision has identified in an adopted local comprehensive land use plan as
significant for agriculture. (C) "Agricultural district" means a tract, lot, or
parcel of land that is enrolled with the county auditor as land devoted to
agricultural use pursuant to Chapter 929. of the Revised Code. (D) "Agricultural easement" has the same meaning as
section 5301.67 of the Revised Code. (E) "Agricultural easement value" means the difference
between the fair market value of the property before and after the easement
takes effect as determined by the department's points-based appraisal
system, or a qualified appraiser if required by the director. (F) "Agricultural security
area" means an area of at least five hundred acres of contiguous land that
is enrolled with the county commissioners and township trustees for a period of
ten years and devoted to agricultural use pursuant to sections 931.01 to
931.09, 931.99, and 5709.28 of the Revised Code. (G) "Application for certification" means the act of a
municipal corporation, county, township, soil and water conservation district,
or charitable organization submitting an application to the director
demonstrating that it has the managerial, legal, and financial expertise to
operate a local agricultural easement purchase program and to share legal
responsibility with the director to select, hold, monitor, supervise, and
enforce the provisions of an agricultural easement. (H) "Application property" means the land or lands that
make up the holdings, on a single application, for which a matching grant is
being sought in exchange for the sale of a perpetual agricultural
easement. (I) "Best management practices" means those farming
methods generally accepted in the agricultural community as beneficial in
conserving the productivity of farmland. (J) "Century Farm" means a farm recognized by the
department which has maintained a farm or homestead in one family for at least
one hundred consecutive years. (K) "Certified local sponsor" means an organization
which has been approved in accordance with rule 901-2-07 of the Administrative
Code. (L) "Charitable organization" means an organization
that meets the federal taxation requirements outlined within division (B) of
section 5301.69 of the Revised Code. (M) "Contiguous" means any of
the following: (1) Geographically
adjacent property used for agriculture, which may include a
homestead; (2) Two or more pieces of property used
for agriculture that would be geographically adjacent but for the fact that the
property is separated by a public or private right-of-way or rights-of-way or
by rivers, streams, creeks, or other bodies of water; or (3) Two or more pieces of property used
for agriculture that would be geographically adjacent but for the fact that the
property is separated by a unique corridor, such as a state owned interstate or
railroad, and the director believes that it is in the land and
department's best interest to have the farm parcels under one
easement. (N) "Department" means the Ohio department of
agriculture. (O) "Director" means the director of the Ohio
department of agriculture or the director's designees. (P) "Farmland preservation advisory board" means the
board as defined in section 901.23 of the Revised Code. (Q) "Flood pool" means an area of flood-prone land
subject to inundation by impounded floodwaters from a flood control structure.
For dams with abnormal pool elevation, the lands surrounding this area that are
below the elevation of an emergency spillway. (R) "Fund" means the "Clean Ohio Agricultural
Easement Fund" as defined by division (G) of section 901.21 of the Revised
Code, and the agricultural easement purchase fund as defined by division (F) of
section 901.21 of the Revised Code. (S) "Grantor" means the individual partnership,
corporation, trust, or legal entity landowner who sells or donates an
agricultural easement to the director, a political subdivision, or a charitable
organization. (T) "Homestead" as referenced in division (A)(3) of
section 901.21 of the Revised Code means the portion of an application property
on which a residence, dwelling, house, or residence-related appurtenances are
permitted. (U) "Legal entity" means a person, firm, corporation,
association, or partnership, or other entity authorized under Ohio
law. (V) "Local comprehensive land use plan" means a
municipal, county, township, or soil and water conservation district,
comprehensive long range land use plan that identifies areas for agricultural
protection and has been adopted by the local political
subdivision. (W) "Local sponsor" means a municipal corporation,
county, township, soil and water conservation district, or charitable
organization that applies for a matching grant on behalf of the
landowner. (X) "Market value" means the price as of the valuation
date for land exclusive of buildings and related site improvements, in
accordance with the land's highest and best use which a willing and
informed seller who is not obligated to sell would accept for the land and
which a willing and informed buyer who is not obligated to buy would pay for
the land. The valuation shall be determined by the department's
points-based appraisal system, or a general real estate appraiser who is
certified under Chapter 4763. of the Revised Code if required by the director.
This value applies only to the comparable sales method of appraisal, not the
points based appraisal method. (Y) "ODA certification" means the certification by the
director that a municipal corporation, county, township, soil and water
conservation district, or charitable organization has demonstrated in its
application for certification that it does have the managerial, legal, and
fiscal expertise to operate a local agricultural easement purchase program and,
based upon the entity's degree of expertise, the director awards a
matching grant of up to one million dollars to share legal responsibility with
the department to select, hold, monitor, supervise, and enforce the provisions
of an agricultural easement. (Z) "Political subdivision" means a municipal
corporation, county, township, or soil and water conservation
district. (AA) "Purchase agreement" means an agreement between the
landowner and the department in which the landowner agrees to convey an
agricultural easement on certain property to the department for a fixed
price.
Last updated September 26, 2024 at 8:38 AM
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Rule 901-2-02 | Eligibility requirements for application property.
Effective:
September 26, 2024
(A) To be eligible for consideration for
a matching grant, the agricultural easement proposed to be purchased shall be
on agricultural land that meets all the following criteria: (1) The application
property shall be valued, at the time the application is made, at the
property's current agricultural use valuation for real estate tax purposes
under section 5713.31 of the Revised Code, with the exception of the homestead;
wind energy-producing facilities, including windmills and wind turbines;
bio-digesters; and/or other land uses as determined by the
director. (2) Application landowner
must have fee simple title to the land. (3) The landowner certifies that, to the
best of the landowner's knowledge, the application property contains no
hazardous substances or toxic wastes. (4) Title to the application property
shall not be subordinate to any other legal or equitable interest, the exercise
of which would result in a conversion of the land from predominately
agricultural use. A subordination agreement must be obtained by the landowner
within a reasonable timeframe, as determined by the director. An extension of
time to obtain subordination may be granted by the department. (5) All parcels submitted under one
application shall be contiguous and no land that is included as part of the
submitted parcels shall be excluded. Waiver of this requirement may be
considered by the department. (6) The application
property shall be enrolled, at the time the application is made, in the
agricultural district program, under section 929.02 of the Revised Code, with
the exception of the homestead; wind energy-producing facilities, including
windmills and wind turbines; bio-digesters; and/or other land uses as
determined by the director. (7) Where the local
government has adopted zoning, the application property shall be zoned for
agricultural use or a designation compatible with agricultural
use. (B) All applications for matching grants
which meet all of the foregoing eligibility requirements shall be ranked in
accordance with the criteria established in rule 901-2-05 of the Administrative
Code. (C) If the application does not meet all
of the above requirements, the director or certified local sponsor may
disqualify such application.
Last updated September 26, 2024 at 8:38 AM
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Rule 901-2-04 | Landowner application procedure.
Effective:
September 26, 2024
(A) The open enrollment application
period for the easement purchase program as set by the department shall not
exceed ninety days. (B) Application shall be made on a form approved by the director.
The application must contain, but is not limited to, the following
information: (1) A resolution,
ordinance, or recorded action from the certified local sponsor supporting the
landowner's application, certifying the availability and committing to pay
the required local match, if applicable, and agreeing to share legal
responsibility to monitor, supervise, and enforce the agricultural
easement. (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 name, address, and telephone
number of the person to be contacted regarding the application property if
other than the landowner. (5) Identification of any known
restrictive covenants or third party interests. (6) 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. (7) 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 the
property's current value for agricultural use under section 5713.31 of the
Revised Code, as applicable, in paragraph (A)(1) of rule 901-2-02 of the
Administrative Code. (8) 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, as applicable, in paragraph (A)(6) of rule
901-2-02 of the Administrative Code. (9) A copy of the grantor's deed of
record. (10) A map or aerial photograph of the
application property including delineated homestead area, existing roads and
buildings, boundaries, total road frontage of the farm, known power easements,
and any land excluded from the easement. (11) A map or aerial photograph showing an
adequate radius around the application property to include the proximity of the
application farm from any protected properties (easement and non-easement), to
neighboring applicant farms, accessible public roadway intersections, including
boundaries, distance from sewer and water, interchanges, known pipelines,
and/or any other reported distances supported in the application. (12) Indication of: (a) Proximity to other protected lands; (b) Best management practices; (c) Development pressure; (d) Local comprehensive planning and farmland preservation
efforts; and (e) Other factors as determined by the director prior to each
application funding round. (C) The application shall contain a section approved by the
county soil and water conservation district or the county natural resource
conservation service, which includes, but is not limited to, the
following: (1) Total number of acres considered
prime, unique, or locally important; (2) The date and status of the
conservation plan, if any, which has been approved by the county soil and water
conservation district or county natural resource conservation service;
and (3) A color-coded soils map containing a
list of soil mapping unit names and symbols on the application
property. (D) If the application is being made by a
charitable organization, then the application shall contain an ordinance or
resolution supporting the agricultural easement from the applicable municipal
corporation or township and county(ies) where the application property is
located. (E) The application must be signed by the local sponsor or the
local sponsor's authorized representative completing the
application. (F) 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. (G) No application shall be accepted which is: (1) Completed and
postmarked after the closing date for submission; or (2) Incomplete, or not
accompanied by all of the information required within the
application. (H) An amendment to an easement application will only be accepted
if the amendment is received prior to the application deadline. (I) During the application review process the department or the
certified local sponsor may request clarification from an applicant\landowner
and may provide an applicant an opportunity to correct typographical
errors\defects in the application. (J) Applications must contain all material requested within the
application. Any application failing to meet the 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.
Last updated September 26, 2024 at 8:39 AM
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Rule 901-2-05 | Application ranking system.
Effective:
September 26, 2024
(A) Prior to accepting applications for
matching grants, the director shall notify and make available, through various
farm organizations, charitable organizations, and political subdivisions the
following: (1) The procedure for
applying for matching grants; (2) The application for
matching grants; and (3) The application
ranking system which is outlined in paragraphs (B) and (C) of this rule and
section 901.22 of the Revised Code. (B) The application ranking system shall
be comprised of several criterion as indicated in paragraph (C) of this rule.
The ranking system will assign a score for each criterion based on the weighted
score range as indicated. The total score for all criteria is one hundred
points. Prior to each application funding round the director, with the advice
of the farmland preservation advisory board, or if a certified local sponsor is
participating, the certified local sponsor shall determine the specific value
within this range for each ranking criterion as indicated in paragraph (C) of
this rule. Applications approved by the director will then be submitted for
phase two evaluation. (C) The application ranking system
criteria shall be comprised as follows: (1) Soil types and
agricultural productivity. Range: fifteen to thirty points. Emphasis for
matching grants is placed on soils which are classified as prime or officially
designated unique or locally important. (2) Protected areas.
Range: fifteen to thirty points. Emphasis for matching grants is placed on land
that is adjacent to or in close proximity, in a formula approved during the
certification process by the director or otherwise mathematically defined by
the director, to agricultural land or other land that is conducive to
agriculture, whether such land is in the process of being protected or is
already permanently protected such that a buffer from development exists
between land proposed for agricultural easement and areas that have been
developed or likely will be developed for purposes other than agriculture.
These protected areas include, but are not limited to, the
following: (a) Land that has already been permanently protected from
development through agricultural or conservation easements; (b) Flood pools and other normally undevelopable
waterbodies; (c) Parks, open spaces, forests, nature preserves, and other
natural areas that are not protected from development through conservation
easements, but have permanent deed restrictions or other restrictions which the
director determines could protect agricultural land; (d) Publicly owned agricultural research lands that the director
determines could protect agricultural land; and (e) Airports, military bases, or other developed areas that the
director determines could be appropriately buffered by agricultural
land. (3) Use of best
management practices including approved conservation plans. Range: five to ten
points. Emphasis for matching grants may be given to, but is not limited to,
the landowner who certification from the natural resource conservation service,
soil and water conservation district, or other generally accepted qualified
organization, as determined by the director, stating that the operation of the
application property includes best management practices utilizing appropriate
conservation standards, has a forestry management plan approved by the Ohio
department of natural resources or qualified organization, as determined by the
director, if applicable, and has a history of substantial compliance with
federal and state agricultural laws. (4) Development pressure.
Range: fifteen to thirty points. Emphasis for matching grants is placed on
farmland faced with potential development pressure that is likely to affect the
ability of the farm operator to conduct agricultural activities or cause
conversion of the agricultural land to nonagricultural uses. Development
factors may include, but are not limited to, the following: (a) Roadway distance from any border of the property to sanitary
sewer and water; (b) Roadway distance to the nearest freeway
interchanges; (c) Application property public roadway frontage;
and (d) Development pressure as measured by activity such as an
increase in lot splits, well or septic permits, traffic counts, or other
indicators determined by the director to accurately measure such
pressure. (5) A local comprehensive
land use plan which identifies areas for agricultural protection. Range:
fifteen to thirty points. Emphasis for matching grants may be placed on, but is
not limited to, application properties which are located within a designated
agricultural area of a political subdivision's long-range plan and where
the political subdivision has adopted specific action to protect the area, such
as zoning where agriculture is the predominant land use, a commitment not to
extend utilities, or initiate any non-agricultural development
activity. (6) Other criteria as
approved by the director. Range fifteen to thirty points. These criteria
include, but are not limited to, the following: (a) Application property location relative to a metropolitan
statistical area; (b) Application property enrollment in the agricultural security
area program; (c) Historic or archaeological designation; (d) Century farm designation by the director; and (e) Application property with local match higher than the
required twenty-five per cent minimum, through cash or donation. (D) For each funding round, the director may adopt guidelines,
including but not limited to, the following: (1) A limit on the number
of application properties, acres, or dollar amount funded per
county; (2) A limit on the number
of application properties per grantor; (3) A limit on the dollar
amount funded per certified local sponsor; (4) A maximum dollar amount per acre of
matching grant funds; or (5) A maximum dollar amount of matching
grant funds per landowner shall not exceed one million dollars, as required by
section 901.22 of the Revised Code.
Last updated September 26, 2024 at 8:39 AM
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Rule 901-2-06 | Determination of selected application properties.
Effective:
September 26, 2024
(A) Phase one
"Application" Applications reviewed by the department: within ninety days of the
close of the application period, or another period of time as specified by the
director, submission of the highest scoring applications by the local sponsor,
and after the application evaluation is completed, the department shall
determine the top scoring applications, in descending order, for each local
sponsor and the top scoring applications shall proceed to phase two of the
process. (B) Phase two
"Review" Within ninety days of the receipt of applications
selected by the department and certified local sponsors, or another period of
time as specified by the director, and once the applications are found
compliant, the farmland preservation advisory board shall then ensure that the
applications as submitted are in compliance with the director's guidelines
as provided for the current funding round. The farmland preservation advisory
board shall then advise the director of those applications which are compliant
with the ranking system and within the director's guidelines for that
funding round. Upon such selection, the director shall notify the landowners
that the application has been selected to proceed to phase three of the
process. (C) Phase three "Contingency" This phase confirms that the application property
has been approved for grant funding pending completion of a title search as
required herein and review of any contingencies, such as legal boundary,
appraisal, and signing of the purchase agreement. The department will review
the documentation for compliance with the program requirements. The application
may proceed if the department determines that the documentation is
satisfactory. (1) The following
documents must be obtained and conditions met at the landowner's sole
expense: (a) A current commercial title search performed by an authorized
title insurance agency for the entire application property which demonstrates
the landowner holds marketable title, unless exempted by the
director; (b) A title insurance commitment naming the director as an
insured party for a sum equal to the amount set forth in the purchase
agreement; (c) A property survey, if required in the sole discretion of the
director; and (d) Interests that limit the title of a property, such as
mortgages, leases, encumbrances, liens, restrictions, or legal or equitable
interests, must be cleared or subordinated, at or prior to closing, unless
exempted by the director. (2) If the title search,
required under paragraph (C)(1)(a) of this rule, reveals other third party
interests, not previously known, that may threaten the intent to keeping the
land in agriculture if exercised, a statement of subordination to the terms of
the agricultural easement shall be obtained from the third party by the
landowner, before proceeding to rule 901-2-08 of the Administrative
Code. (3) At the director's discretion, a
comparable land appraisal may be required. The party responsible for incurring
the cost of the comparable land appraisal will be determined by the director
prior to phase three "Purchase Agreement/Contingency" of the
application period. (4) A present condition
report completed by the local sponsor using a template provided by the director
as specified in rule 901-2-08 of the Administrative Code. (5) Such other
information as is necessary and useful to determine that the property is
appropriate for inclusion, as requested by the director. (6) Costs incurred by the department or
the local sponsor for the above items may be paid directly to the department or
the local sponsor, or may be reimbursed to the department or the local sponsor
at closing. The department will review the documentation for compliance with
the program requirements. The application may proceed if the department
determines that the documentation is satisfactory. (D) Phase four "Purchase Agreement" Once phase three is completed and the department
has determined the property is in compliance with the program requirements a
purchase agreement will be drafted and sent to the landowner and/or the local
sponsor. Once the department has received a signed purchase agreement from the
landowner, the application shall proceed to phase five. The purchase agreement
shall include but not be limited to: (1) The total amount of the offer per
acre, and for the entire application property; (2) A statement that the grantor has no
actual knowledge of hazardous substances or wastes, and that the grantee is
held harmless from any and all liability or expense arising from violation of
environmental laws and regulations; (3) Any other provisions the director
deems necessary for the landowner to be aware of prior to signing a deed of
agricultural easement, and permitted pursuant to section 901.21 or 901.22 or
division (D)(2) of section 5301.691 of the Revised Code. (a) Within thirty days of receipt of the purchase agreement from
the director, the landowner shall sign and return the document to the director,
or advise the director, in writing, of their rejection of the offer. Failure of
the applicant or landowner to act within thirty days of receipt of the purchase
agreement shall constitute a rejection of the director's offer to
purchase. (b) If the purchase agreement is signed by all parties, then the
application shall proceed to phase five. (E) Phase five "Execution of Deed of
Easement" (1) Except for the
purposes of paragraph (E)(2) of this rule, upon receipt of a signed purchase
agreement, the landowner shall execute a deed of agricultural easement
conveying an agricultural easement to the director. Concurrently, the
department shall tender a lump sum payment to a title insurance company, or the
local sponsor who will obtain a title insurance company or other agent, to act
as an escrow agent for distribution to the landowner and/or the
landowner's assignee in the proportions directed by the
landowner. (2) Upon receipt of a signed purchase
agreement, the landowner shall convey a deed of agricultural easement to the
state of Ohio where the department shall compensate the landowner through an
installment purchase agreement. Such agreement must be pre-approved by the
director and shall include: (a) Any installment payment terms; (b) Dates and amounts of payments and to whom payable, including
without limitation any assignee(s) of landowner; and (c) Interest rate on the outstanding balance.
Last updated September 26, 2024 at 8:39 AM
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Rule 901-2-07 | Local sponsor certification procedures.
Effective:
September 26, 2024
(A) Only local sponsors which have been
designated as certified according to the requirements of this rule, may accept
applications from landowners for agricultural easement matching grants and
select landowners for matching grants using the requirements and procedures in
this chapter. (B) A certified local sponsor is a municipal corporation, board
of county commissioners or township trustees, a soil and water conservation
district, or land trust that has demonstrated, as prescribed by the director,
that the local sponsor would have the managerial, legal, and financial
expertise to: (1) Operate a local
agricultural easement purchase program and apply for matching grants;
and (2) Share legal
responsibility with the department to hold, monitor, supervise, and enforce the
provisions of an agricultural easement. (C) To be designated a certified local sponsor, an organization
must: (1) Apply to the
department on a form provided by the director; (2) Meet all requirements
for participation in the certified local sponsor program as indicated on the
application; (3) On approval of the
application for certification, the certified local sponsor shall sign a
cooperative agreement with the department; and (4) If the local sponsor
is a charitable organization, the local sponsor must submit to the
department: (a) A copy of the organization's exemption under 26 U.S.C.
1, subsection 501(a) and 501(c); (b) A copy of the organization's by-laws or regulations
stating that farmland preservation is one of the local sponsor's
purposes; (c) A list of the organization's officers, board of
directors, and members, as applicable; (d) The organization's financial condition, including a
balance sheet, revenue and expense statement, and the financing available for
monitoring and enforcing an agricultural easement; (e) The organization's ability to provide the necessary
managerial, legal, and financial expertise to hold, monitor, and enforce an
agricultural easement; and (f) A statement of the organization's stewardship
policy. (D) If a points-based appraisal is used for determining
valuation, the certified local sponsor shall use the department's
points-based appraisal system.
Last updated September 26, 2024 at 8:39 AM
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Rule 901-2-08 | Present condition report.
Effective:
September 26, 2024
(A) The purpose of the present condition
report is to document and record the use, nature, and condition of an
application property and improvements at the approximate time an agricultural
easement is purchased. The report is used as a baseline document to assist in
monitoring and enforcing the terms of the agricultural easement. The report
shall be completed by the applicant using the template provided by the
director. The certified local sponsor and the landowner shall sign the
acknowledgment of condition page and record the present condition report as an
exhibit to the agricultural easement. (B) The narrative descriptions in the
present condition report shall be in sufficient detail and clarity to
accomplish the purposes of the report. (C) All photographs shall be in color,
clear, and in focus, except historical photographs. (D) All maps and accompanying supporting
documentation shall be clearly legible and capable of being
photocopied. (E) If the county recorder in the county
where the deed of agricultural easement is recorded refuses or is unable to
record the maps and photographs contained in the present condition report, the
maps and photographs shall be filed with the office of farmland preservation at
the department. A separate agreement will be signed by the department, the
local sponsor, and the grantor acknowledging that such maps and photographs
shall be filed with the office of farmland preservation at the
department.
Last updated September 26, 2024 at 8:39 AM
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Rule 901-2-09 | Appraisals.
Effective:
September 26, 2024
(A) Appraisals required under this
chapter shall be conducted using either a points-based appraisal system or the
comparable sales methodology. (B) The points-based appraisal system
shall comply with the requirements set forth in division (D) of section 901.22
of the Revised Code. (C) The comparable sales methodology
shall comply with the requirements set forth by the funding source's
guidelines.
Last updated September 26, 2024 at 8:39 AM
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Rule 901-2-10 | Deed of agricultural easement.
Effective:
September 26, 2024
(A) The deed of agricultural easement shall identify the owner of
the application property as grantor and the director of the department of
agriculture, the local holder, and if applicable a federal holder as the
grantees. (B) The deed of agricultural easement shall comply with, but not
be limited to, division (A)(2) of section 901.22 of the Revised
Code.
Last updated September 26, 2024 at 8:40 AM
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Rule 901-2-11 | Supervision and enforcement.
Effective:
September 26, 2024
(A) The certified local sponsor shall be
obligated to monitor and enforce compliance with the terms and conditions of
the agricultural easement. Annually, the certified local sponsor shall visit
the property to determine if the provisions of the agricultural easement are
being complied with. Prior to conducting the monitoring visit, the certified
local sponsor shall review the provisions of the agricultural
easement. (B) Written notice of the annual on-site
inspection shall be sent by the certified local sponsor to the landowner at
least ten days prior to the date of inspection. The annual inspections shall be
conducted between eight a.m. and five p.m. on a weekday other than a legal
holiday, unless the landowner agrees otherwise. The director and the certified
local sponsor shall have the right, with reasonable notice, to inspect the
property as long as the agricultural easement is in effect. (C) Within a reasonable time after
conducting an inspection the certified local sponsor shall prepare a written
inspection report using the template provided by the director, including but
not limited to the following information: (1) The identification of
the land inspected; (2) The name of the owner
of the property at the time the easement was originally acquired and the name
of the current owner of the land inspected; (3) Description of
modifications in the number, type, location or use of any buildings or
structures on the land since the date of the last annual on-site inspection
report; (4) A description of
deviations from best management practices observed on the restricted land;
and (5) A description of any
subsequent legal interests claimed on the protected property. (D) The certified local sponsor shall provide a copy of the
inspection report to the landowner and the director. (E) If the certified local sponsor's inspection reveals any
violations of the easement, the certified local sponsor shall include, with a
report sent to the landowner and the director, a notice of violation. The
notice shall contain the following: (1) A description of the
action or condition which the certified local sponsor alleges is a violation of
the terms of the easement; (2) A statement of the
measures necessary to correct the alleged violation; (3) A time frame of
thirty days for correcting any violation; and (4) A statement that
failure to correct the violation may lead to civil action. (F) If the violation is not corrected as outlined to the
landowner in the report of paragraph (E) or (F) of this rule, the director or
the certified local sponsor, upon consultation with and approval by the
department, may initiate an action in the court of common pleas of the county
in which the restricted land is located, unless the deed of agricultural
easement requires filing in another county, seeking an order requiring
correction of the violation, enjoining further violation of the terms of the
easement, and may request additional relief of the court unless the certified
local sponsor does one of the following: (1) Determines that the landowner has
commenced the necessary corrective measures; (2) Determines that the necessary
corrective measures cannot reasonably be completed within the thirty day period
described in paragraph (E)(3) of this rule and establishes a period not to
exceed one hundred eighty days, unless specifically agreed to by the director,
within which corrective measures shall be completed; or (3) When the violation is corrected, the
certified local sponsor or the director shall issue a letter of no further
action required. (G) The director shall be a party to all enforcement actions
filed by the certified local sponsor. No enforcement action shall be dismissed
without the consent of the director. (H) If at any time the director or the certified local sponsor
believes that a violation of the easement could irreversibly diminish or impair
the property for agricultural use the local sponsor and/or the director may
take immediate, appropriate legal action, including obtaining an injunction
without notice, to stop the violation or to require the grantor to correct the
violation. (I) Notwithstanding any other rule in this chapter, the director
or the director's designee reserves the right to conduct an inspection of
the application property and enforce any violations of the deed of agricultural
easement.
Last updated September 26, 2024 at 8:40 AM
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Rule 901-2-12 | Easement extinguishment.
Effective:
September 26, 2024
(A) An agricultural easement which is
purchased in whole or in part from the clean Ohio agricultural easement fund
created in division (G) of section 901.21 of the Revised Code or from the
agricultural easement purchase fund created in division (F) of section 901.21
of the Revised Code must be held in perpetuity. If due to an unexpected change
in the conditions of or surrounding the land that is subject to the easement
makes impossible or impractical the continued use of the land for the purposes
described in the easement, then the landowner may request the certified local
sponsor or the department to extinguish the easement, either in whole or in
part pursuant to division (A) of section 901.22 of the Revised
Code. (B) Upon receipt of the request, the
certified local sponsor shall immediately notify the department of the request.
The certified local sponsor or the department shall investigate the claim by
the landowner that there has been an unexpected change in the conditions of or
surrounding the land that makes it impossible or impractical to continue use of
the land for the agricultural purposes described in the easement. These changes
can be: (1) Natural physical
changes to the land that have occurred which are generally irreversible in
nature and permanently affect the agricultural use of the land; or (2) Development pressure
adjacent to or surrounding the land that renders the agricultural use of the
land impossible or impractical. (C) The director and the certified local
sponsor may seek expert advice from individuals, agencies and organizations to
assist in developing objective criteria on which an extinguishment can be
evaluated. (D) The investigation by the certified
local sponsor or the department must include an on-site inspection of the land
and a conference with the landowner. Any costs incurred by the certified local
sponsor or the department to conduct the investigation may be charged to the
landowner. The results of the investigation will be used by the director and
the certified local sponsor to determine whether to approve the request for
extinguishment. (E) The director and the certified local
sponsor must both approve or reject a request from the landowner for an
extinguishment of an agricultural easement within ninety days of receiving said
request, or the request is considered to be rejected. (F) If the request for extinguishment is
approved by the director and the certified local sponsor, a resolution or
ordinance from the legislative authority or certified local sponsor stating
support for the extinguishment of the agricultural easement, along with any
related supporting materials documenting the reasons for extinguishment, shall
be forwarded to the director for purposes of record keeping in the
department. (G) Upon receipt of approval of the
extinguishment from the director, the certified local sponsor shall notify the
landowner of the director's decision to approve the request for
extinguishment, and, on a form provided by the director, shall notify the
county auditor and county recorder of the extinguishment who shall place a lien
upon the property. (H) If the landowner's request for
extinguishment of the agricultural easement is not approved by the director and
certified local sponsor, then the landowner may appeal the decision to the
court of common pleas. (I) If the landowner donated any portion
of the agricultural easement to the director, and received federal tax benefits
for doing so, then the easement can be extinguished only by a court proceeding
determining agricultural use is no longer viable using the criteria specified
in paragraphs (A) to (G) of this rule. (J) An agricultural easement may be
extinguished by eminent domain proceedings under applicable state or federal
law.
Last updated September 26, 2024 at 8:40 AM
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Rule 901-2-13 | Recoupment of funds.
Effective:
March 21, 2016
(A) Upon the sale, exchange, or involuntary conversion of the protected property, a recoupment of funds equal to the proportionate value of the easement compared to the total market value of the land when the easement was purchased shall upon receipt by the local holder be remitted to the director for deposit in the agricultural easement purchase fund created in division (E) of section 901.21 of the Revised Code. (B) The recoupment amount will be calculated by using the percentage of the fair market value of the land that was granted from the fund at the time the agricultural easement was acquired and applying that percentage to the fair market value at the time the agricultural easement is extinguished. The fair market value shall be determined by a general real estate appraiser who is certified under Chapter 4763. of the Revised Code. (C) The local holder's proportionate value contribution to the purchase shall be returned to the political subdivision or charitable organization that made the contribution. (D) If the minimum twenty-five per cent local match for the agricultural easement value was by donation from the landowner, the proportionate value which was donated shall be retained by the landowner.
Last updated July 31, 2024 at 11:39 AM
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Rule 901-2-14 | Meetings of farmland preservation advisory board.
Effective:
September 26, 2024
(A) Board meetings The director or the director's designee
shall call meetings of the advisory board when necessary for the board to
provide advice to the director, and the non-voting chairperson shall provide
notice of any meetings pursuant to paragraph (B) of this rule. (B) Notice of meetings (1) Regular meetings:
Notice of all of the advisory board's regularly scheduled meetings,
including date, starting time and location will be posted on the Ohio
department of agriculture's web site www.agri.ohio.gov at least ten days
in advance of all scheduled meetings. (2) Special meetings:
Notice of date, time, place, and purpose of any special meetings shall be
posted on the Ohio department of agriculture's website www.agri.ohio.gov
at least twenty-four hours prior to said meeting. Notice may also be sent to
other media outlets that requested such information. (3) Emergency meetings:
Notice of date, time, location, and purpose of all emergency meetings shall be
given to all news media who requested prior notification, and the meeting
notice shall be posted on the department's website
www.agri.ohio.gov. (C) Any person may obtain prior notice of
the date, time, and location of any regularly scheduled, special, or emergency,
meetings when a particular type of business is to be discussed by requesting
prior notification in writing at agrfarmlandpreservation@agri.ohio.gov or
writing to the "Ohio Department of Agriculture, Office of Farmland
Preservation, 8995 East Main Street, Reynoldsburg, Ohio
43068."
Last updated September 26, 2024 at 8:40 AM
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