SECTIONS 10250-10255 - California Statutes

PUBLIC RESOURCES CODE

SECTION 10250-10255

10250. In reviewing applications pursuant to this division, the
department shall determine whether the proposed project meets the
applicable requirements set forth in this division and conforms with
any rules or regulations adopted by the department pursuant to this
division.

10251. Applicants for an agricultural conservation easement or fee
acquisition grant shall meet all of the following eligibility
criteria:
(a) The parcel proposed for conservation is expected to continue
to be used for, and is large enough to sustain, commercial
agricultural production. The land is also in an area that possesses
the necessary market, infrastructure, and agricultural support
services, and the surrounding parcel sizes and land uses will support
long-term commercial agricultural production.
(b) The applicable city or county has a general plan that
demonstrates a long-term commitment to agricultural land
conservation. This commitment shall be reflected in the goals,
objectives, policies, and implementation measures of the plan, as
they relate to the area of the county or city where the easement
acquisition is proposed.
(c) Without conservation, the land proposed for protection is
likely to be converted to nonagricultural use in the foreseeable
future.

10252. The director shall evaluate a proposal for a fee title or
agricultural conservation easement acquisition grant based upon the
overall value of the project, taking into consideration the goals and
objectives for this program, and the extent to which the proposed
project satisfies the following selection criteria:
(a) The quality of the agricultural land, based on land
capability, farmland mapping and monitoring program definitions,
productivity indices, and other soil, climate, and vegetative
factors.
(b) The proposal meets multiple natural resource conservation
objectives, including, but not limited to, wetland protection,
wildlife habitat conservation, and scenic open-space preservation.
(c) The city or county demonstrates a long-term commitment to
agricultural land conservation as demonstrated by the following:
(1) The general plan and related land use policies of the city or
county.
(2) Policies of the local agency formation commission.
(3) California Environmental Quality Act policies and procedures.
(4) The existence of active local agricultural land conservancies
or trusts.
(5) The use of an effective right-to-farm ordinance.
(6) Applied strategies for the economic support and enhancement of
agricultural enterprise, including water policies, public education,
marketing support, and consumer and recreational incentives.
(7) Other relevant policies and programs.
(d) If the land is in a county that participates in the Williamson
Act (Chapter 7 (commencing with Section 51200) of Part 1 of Division
1 of Title 5 of the Government Code), the land proposed for
protection is within a county or city designated agricultural
preserve.
(e) The land proposed for conservation is within two miles outside
of the exterior boundary of the sphere of influence of a city as
established by the local agency formation commission.
(f) The applicant demonstrates fiscal and technical capability to
effectively carry out the proposal. Technical capability may be
demonstrated by agricultural land conservation expertise on the
governing board or staff of the applicant, or through partnership
with an organization that has that expertise.
(g) The proposal demonstrates a coordinated approach among
affected landowners, local governments, and nonprofit organizations.
If other entities are affected, there is written support from those
entities for the proposal and a willingness to cooperate. The support
of neighboring landowners who are not involved in the proposal shall
be considered.
(h) The conservation of the land supports long-term private
stewardship and continued agricultural production in the region.
(i) The proposal demonstrates an innovative approach to
agricultural land conservation with a potential for wide application
in the state.
(j) The amount of matching funds and in-kind services contributed
by local governments and other sources toward the acquisition of the
fee title or agricultural conservation easement, or both.
(k) The price of the proposed acquisition is cost-effective in
comparison to the fair market value.
(l) Other relevant considerations established by the director.

10252.5. (a) Notwithstanding any other provision of this division
and subject to subdivision (b), the director may make a grant, and
disburse moneys for that grant from a source other than the fund, to
an applicant for the acquisition of an agricultural conservation
easement, if the director determines that the grant meets the
purposes of this division and upon appropriation by the Legislature
with regard to state funds from a source other than the fund.
(b) An agricultural conservation easement that is funded by a
grant issued pursuant to subdivision (a) shall meet all of the
following requirements:
(1) The primary purpose for which the easement is being sought is
consistent with continuing agricultural use of the easement property.
(2) The easement does not, and will not, substantially prevent
agricultural uses on the easement property.
(3) Any restriction on the current or reasonably foreseeable
agricultural use of the easement property would only be imposed to
restrict those areas of the easement property that are not in
cultivation.
(4) If the easement property has characteristics or qualities that
meet the original purpose of the funding source as cultivated land,
the easement property may continue to be commercially cultivated with
the minimum restrictions necessary to meet the original funding
source requirements.
(5) The nonagricultural qualities that will be protected by the
easement are inherent to the easement property.
(6) The easement will require that a subsequent easement or deed
restriction placed on the easement property will be subordinate to
the agricultural conservation easement and require approval of the
director.
(c) (1) In enacting this provision, it is the intent of the
Legislature that moneys other than those appropriated to the fund be
used to provide grants to implement this section.
(2) The Farm, Ranch, and Watershed Account is hereby established
within the Soil and Conservation Fund. Moneys in that account shall
be used to provide grants to implement this section.

10253. Nothing in this chapter shall grant any new authority to the
department to affect local policy or land use decisionmaking.

10254. Before an application for an agricultural conservation
easement or fee title acquisition grant is approved by the department
pursuant to the program, the entity that is applying for the grant
shall provide public notice to parties reasonably likely to be
interested in the property, including the county and city in which
the property is located, conservation, agricultural, and development
organizations, adjacent property owners, and the general public.
Written notice shall be provided as follows:
(a) Notice shall be provided to adjacent landowners as indicated
in the county tax rolls not less than 30 days prior to the expected
date of the local government's consideration of the resolution
required pursuant to subdivision (b) of Section 10234.
(b) The notice to the county and city shall be provided not less
than 30 days before the entity applies for the grant to acquire an
agricultural conservation easement.

10255. Prior to the disbursement of grant funds for easements or
fee title acquisitions under this division, all of the following
conditions shall be met:
(a) The proposed agricultural conservation project shall be deemed
by the department to be compatible with the applicable city or
county general plan.
(b) The governing body of the applicable city or county approves
the easement proposal by resolution.
(c) For land within a city's sphere of influence, the proposed
agricultural conservation project shall be deemed by the department
to be compatible with both the applicable county and city general
plans. In addition, both the applicable county and city shall have
adopted resolutions approving the easement proposal.