43-34-105 - Approval and repeal of districts. - Tennessee Statutes

43-34-105. Approval and repeal of districts.

(a)  Upon review of a petition, the local soil conservation district board of supervisors may approve designation of an agricultural district. A designated agricultural district shall be established for a period of five (5) years and reviewed for redesignation every five (5) years thereafter. However, the soil conservation district may review the status of designation at any time upon the written request and justification of the respective county mayor or city manager or upon a decision of the board of supervisors that such a review is appropriate. The soil conservation district board of supervisors may sustain or repeal designation of an agricultural district based upon the following:

     (1)  The continued viability of the agricultural district. An agricultural district can become reduced in acreage based upon the voluntary withdrawal of any of the ownerships. However, the agricultural district shall cease to exist if the total designated acreage drops below twenty (20) acres;

     (2)  The impacts and consequences of proposed land development; and

     (3)  Other factors that the board of supervisors may find relevant.

(b)  Any ownership or any successor heir of the ownership within an agricultural district may withdraw from the agricultural district upon notifying the local soil conservation district in writing.

(c)  Landowners may resubmit petitions for designation or redesignation at any time to the local soil conservation district.

(d)  If a petition is rejected or the local soil conservation district board of supervisors repeals designation of an agricultural district, the ownerships within the agricultural district can appeal the decision of the board of supervisors to the state soil conservation committee. Based upon a review of all relevant information and following a public hearing, the state soil conservation committee may either sustain or overturn the decision of the local soil conservation district.

[Acts 1995, ch. 465, § 6; 2003, ch. 90, § 2.]