43-34-104 - Requirements of an agricultural district Petition process. - Tennessee Statutes

43-34-104. Requirements of an agricultural district Petition process.

(a)  To qualify for designation as an agricultural district, a district shall initially contain at least two hundred fifty (250) contiguous acres and may include any number of individual property ownerships; however, no single ownership shall contain less than fifteen (15) acres. This chapter shall not alter the eligibility requirements or any other provision of the Agricultural, Forest and Open Space Land Act, compiled in title 67, chapter 5, part 10.

(b)  Agricultural districts can only include ownerships engaged in agricultural production.

(c)  Landowners must submit a petition to the local soil conservation district board of supervisors requesting designation of an agricultural district. The petition shall include the following information:

     (1)  A general description of the proposed agricultural district including total number of ownerships, total acreage, land use information, social and economic information about the respective area of the county, and potential impacts of development on agricultural production;

     (2)  Location of the proposed agricultural district boundary on a standard United States geological survey quadrangle map (1:2000 scale);

     (3)  Location of the proposed agricultural district boundary on the local county tax assessor map, including location and identification of each ownership within the agricultural district as well as identification of all ownerships adjacent to the agricultural district;

     (4)  A description of the type and extent of agricultural production activity for each ownership within the proposed agricultural district; and

     (5)  Other pertinent information as the soil conservation district board of supervisors may require to evaluate the petition.

(d)  Individual ownership participation in an agricultural district is entirely voluntary, and no land shall be included in the agricultural district without the consent of the owner.

(e)  Upon receipt of a petition, the local soil conservation district board of supervisors shall notify the county commissioner and/or any local or regional planning or zoning body that may apply by sending a copy of the petition to such body.

(f)  In evaluating a petition for the establishment of an agricultural district, the local soil conservation district board of supervisors shall consider the following:

     (1)  The capability of the land to support continued agricultural production as indicated by soil conditions, climate, topography, and other natural conditions;

     (2)  The ability of the local, regional, state, and international markets to support continued agricultural production; and

     (3)  Any matter that might be relevant to evaluation of the petition.

[Acts 1995, ch. 465, § 5.]