H 4692 Session 112 (1997-1998)
H 4692 General Bill, By Sharpe, Davenport, Leach and Limehouse
Similar(S 1050)
A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
AGRICULTURE, BY ADDING CHAPTER 53 SO AS TO ENACT THE "FARM AND FOREST LANDS
PROTECTION ACT" WHICH ESTABLISHES STATE AND COUNTY PRIORITY AGRICULTURAL LAND
BOARDS, WHICH PROVIDES FOR THEIR POWERS AND DUTIES, WHICH ESTABLISHES CRITERIA
AND PROCEDURES FOR CREATING PRIORITY AGRICULTURAL LAND AREAS AND FOR THE
PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS FOR LAND WITHIN THE PRIORITY
AREA, WHICH CREATES THE PRIORITY AGRICULTURAL LAND TRUST FUND TO DISBURSE
FUNDS FOR THE PURCHASE OF CONSERVATION EASEMENTS, WHICH REQUIRES THE PERIODIC
REVIEW OF ALL PRIORITY AGRICULTURAL LAND AREAS, AND WHICH RESTRICTS SOME LOCAL
GOVERNMENT ACTIONS WITH REGARD TO PRIORITY AREAS.
02/25/98 House Introduced and read first time HJ-19
02/25/98 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-20
A BILL
TO AMEND TITLE 46, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO AGRICULTURE, BY
ADDING CHAPTER 53 SO AS TO ENACT THE "FARM
AND FOREST LANDS PROTECTION ACT" WHICH
ESTABLISHES STATE AND COUNTY PRIORITY
AGRICULTURAL LAND BOARDS, WHICH PROVIDES FOR
THEIR POWERS AND DUTIES, WHICH ESTABLISHES
CRITERIA AND PROCEDURES FOR CREATING PRIORITY
AGRICULTURAL LAND AREAS AND FOR THE PURCHASE
OF AGRICULTURAL CONSERVATION EASEMENTS FOR
LAND WITHIN THE PRIORITY AREA, WHICH CREATES THE
PRIORITY AGRICULTURAL LAND TRUST FUND TO
DISBURSE FUNDS FOR THE PURCHASE OF CONSERVATION
EASEMENTS, WHICH REQUIRES THE PERIODIC REVIEW OF
ALL PRIORITY AGRICULTURAL LAND AREAS, AND WHICH
RESTRICTS SOME LOCAL GOVERNMENT ACTIONS WITH
REGARD TO PRIORITY AREAS.
Whereas, it is declared the policy of the State to provide a voluntary
program to protect agricultural and forest lands and to encourage the
improvement of these lands for the production of food and other
agricultural and forest products; and
Whereas, it is the policy of the State that agricultural and forest lands
are valued natural and ecological resources which provide needed
open space for wildlife habitat, clean air, clean water, groundwater
recharge, and protection of cultural resources; and
Whereas, agricultural and forest lands in many parts of the State are
under urban pressure from expanding metropolitan areas; and
Whereas, this urban pressure takes the form of scattered development
in wide belts around urban areas, and brings conflicting land uses into
juxtaposition, creates high costs for public services, and stimulates
land speculation; and
Whereas, this scattered development extends into agricultural and
forest lands, ordinances inhibiting agricultural production tend to
follow, farm taxes rise, and hopes for speculative gains discourage
investments in farm improvements; and
Whereas, many of the agricultural and forest lands in the State are in
jeopardy of being lost for these purposes; and
Whereas, these agricultural and forest lands constitute unique and
irreplaceable land resources of statewide importance. Now,
therefore,
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Title 46 of the 1976 Code is amended by adding:
"CHAPTER 53
Farm and Forest Lands Protection Act
Section 46-53-10. This chapter must be known and may be cited as
the 'Farm and Forest Lands Protection Act.'
Section 46-53-20. It is the purpose of this chapter to:
(1) provide a means by which agricultural and forest lands may be
protected and enhanced as a viable segment of the state's economy
and as an economic and environmental resource of major importance;
(2) encourage landowners to make a voluntary long-term
commitment to agriculture and forestry by offering landowners
financial incentives and security of land use;
(3) protect agricultural and forestry operations in priority
agricultural land areas from incompatible nonagricultural and
nonforestry land uses that may render agriculture and forestry
operations nonviable;
(4) assure permanent protection of productive agricultural and
forest lands in order to protect the agricultural and forestry economy
of this State;
(5) provide compensation to landowners in exchange for their
relinquishment of the right to develop their private property; and
(6) leverage state, federal, local, and private agricultural easement
purchase funds and protect the investment of taxpayers in agricultural
conservation easements.
Section 46-53-30. As used in this chapter:
(1) 'Active farmer' means a landowner or operator of land who
manages the daily production of agricultural or forest crops. The
land that the agricultural and forest crops are being grown upon must
be under a conservation plan.
(2) 'Agricultural conservation easement' means an interest in land,
less than fee simple, which interest represents the right to restrict or
prevent the development or improvement of the land for any purpose
other than agricultural production. The easement may be granted by
the owner of the fee simple to any third party or to the State, to a
county council, or to a unit of local government. It must be granted
in perpetuity, except as provided for in Section 46-53-110(B)(2), as
the equivalent of covenants running with the land. The exercise or
failure to exercise any right granted by the easement shall not be
deemed to be management or control of activities at the site for
purposes of enforcement of the Federal Comprehensive
Environmental Response Compensation Liability Act of 1980.
(3) 'Agricultural and forest crops' includes, but is not limited to:
(a) food, feed, forage, fiber, and oil seeds, field crops, fruit
crops, and vegetable crops;
(b) agronomy, horticulture, mariculture, aquaculture, viticulture,
and floriculture;
(c) livestock, poultry, and livestock and poultry products;
(d) specialties of beekeeping; and
(e) timber, wood, and other wood products derived from trees.
(4) 'Agricultural production' means the production of agricultural
and forest crops for gain or profit through normal farming operations.
(5) 'Conservation district' means a soil and water conservation
district as established in Section 48-9-30(1).
(6) 'Conservation plan' means a plan prepared and approved by
the Natural Resources Conservation Service of the United States
Department of Agriculture (USDA) implemented by the landowner,
describing best land management practices including an installation
schedule and maintenance program, which when completely
implemented, will improve and maintain soil, water, and related plant
and animal resources of the land. A forest land conservation plan
may be prepared by a registered forester and approved by the South
Carolina Forestry Commission or the USDA.
(7) 'County board' means a County Priority Agricultural Land
Board.
(8) 'Department' means the South Carolina Department of Natural
Resources.
(9) 'Director' means the Director of the South Carolina
Department of Natural Resources.
(10) 'Eligible county' means a county whose purchase of
agricultural conservation easement program has been approved by the
State Priority Agricultural Land Board. For the purpose of annual
allocations, an eligible county must have its agricultural conservation
easement purchase program approved by the State Priority
Agricultural Land Board at the time of allocation.
(11) 'Fallow' means inactive, barren, or unproductive but capable
of being productive, agricultural and forest land.
(12) 'Farmland value' means the price as of the valuation date for
property used only for agricultural production which a willing and
informed seller who is not obligated to sell would accept for the
property and which a willing and informed buyer who is not
obligated to buy would pay for the property.
(13) 'Fiscal year' means fiscal year of the State.
(14) 'Forest farmer' means a landowner or operator of land actively
involved in the production of forest crops including, but not limited
to, timber, wood, and other wood products derived from trees.
(15) 'Fund' means the Priority Agricultural Land Trust Fund of
South Carolina established by this chapter.
(16) 'Governing body' means the elected governing body of a local
government unit.
(17) 'Immediate family member' means a brother, sister, son,
daughter, stepson, stepdaughter, grandson, granddaughter, father, or
mother of the landowner.
(18) 'Joint ownership' means joint tenancy in an agricultural
conservation easement purchase as the interests of the parties appear.
(19) 'Landowner' means the record owner of the land, the
authorized contract purchaser of the land, or the record owner of the
development easement other than a county acquired pursuant this
chapter.
(20) 'Market value' means the price as of the valuation date for the
highest and best use of the property which a willing and informed
seller who is not obligated to sell would accept for the property and
which a willing and informed buyer who is not obligated to buy
would pay for the property.
(21) 'Normal farming operation' means the customary and
generally accepted practices and procedures farmers adopt, use, or
engage in including, but not limited to, when planting, cultivating,
producing, harvesting, processing, packaging, storing, marketing for
wholesale or retail distribution of their production, and managing
waste. This includes on-site facilities needed to carry out these
practices including, but not limited to, greenhouses, nurseries, barns,
packing sheds, farm labor housing, stables, maintenance buildings,
crop market facilities, and other building structures used in
implementing best management practices of irrigation, air, water, and
waste.
(22) 'Planning commission' means a municipal planning
commission, a county planning commission, a joint city-county
planning commission, or a consolidated government planning
commission.
(23) 'Priority agricultural land area' means a unit of land used for
agricultural production under the ownership of one or more persons
and designated as such by the procedures set forth in this chapter.
(24) 'State board' means the State Priority Agricultural Land Board.
(25) 'Viable agricultural land' means land suitable for agricultural
production which will continue to be economically feasible for such
use if real estate taxes, farm use restrictions, and speculative activities
are limited to levels approximately those in commercial agricultural
areas not influenced by the proximity of urban and related
nonagricultural development.
Section 46-53-40. (A) The Department of Natural Resources and the
State Priority Agricultural Land Board shall administer pursuant to
this section a program for the purchase of agricultural conservation
easements. The department is responsible for the administration of
this program.
(B) There is established within the department as a departmental
board the State Priority Agricultural Land Board. The state board
shall consist of the following:
(1) five voting ex-officio members: the director or his designee,
who shall serve as the board chairman; the Commissioner of
Agriculture, or his designee; the Secretary of Commerce, or his
designee; the Vice President of Natural Resources and Research at
Clemson University or his designee; and the State Forester or his
designee.
(2) five members appointed by the Governor, with the advice
and consent of the Senate, on the recommendation of the board of the
department. One member must be a current member of a county
council who shall serve as voting ex-officio member; one member
must be a person who is recognized as having significant knowledge
in agricultural production fiscal and financial matters; one member
must be a real estate agent licensed by the State of South Carolina;
two must be conservation district commissioners who shall serve as
voting ex-officio members. Initially, two members must be
appointed for a term of four years, two members must be appointed
for a term of three years, and one member must be appointed for a
term of two years. Thereafter, the terms of all members is for four
years. The term of a person appointed to replace another member
whose term has not expired is only the unexpired portion of that term.
Members may be reappointed to successive terms;
(3) six members appointed by the Governor, with the advice and
consent of the Senate, on the recommendation of the board of the
department. These members must be active farmers, each
representing a different Congressional District, each residing within
the State, and one must be a forest farmer. Of the initial appointees,
two members must be appointed for a term of four years, two
members must be appointed for a term of three years, and the other
members must be appointed for a term of two years. Thereafter, the
terms of all appointees is for four years. An appointment made to fill
an unexpired term is only for the duration of the unexpired term.
Members may be reappointed to successive terms. Half of all
members shall constitute a quorum for purposes of conducting
meetings and official actions pursuant to authority given to the state
board under this act.
It is not a conflict of interest for a voting ex-officio member to vote
on matters pertaining to the county from which that member comes
to the board.
(C) The state board shall:
(1) promulgate regulations pursuant to this chapter;
(2) adopt rules of procedure and bylaws governing the
operations of the state board and the conduct of its meetings;
(3) allocate fund monies among eligible counties for the
purchase of agricultural conservation easements, in accordance with
provisions of subsection 46-53-110(F);
(4) establish and publish the standards, criteria, and
requirements for the allocation of fund monies pursuant to subsection
46-53-110(F);
(5) establish and maintain a central repository of records which
shall contain records of county programs for purchasing agricultural
conservation easements and records of agricultural conservation
easements purchased by counties;
(6) establish and publish the standards, criteria, and
requirements necessary for state board approval of county programs
for purchasing agricultural conservation easements;
(7) review, certify, and approve, or disapprove county programs
for purchasing agricultural conservation easements;
(8) determine the maximum amount for its share for the
purchase of an agricultural conservation easement;
(9) review and approve or disapprove for recertification each
county program for the purchase of agricultural conservation
easements;
(10) establish and publish criteria to be used in prioritizing
applications for the purchase of agricultural conservation easements
and assign priority to those applications to be submitted for
consideration of federal funding;
(11) authorize the development of a publication defining all
technical elements necessary for a complete application for purchase
of an agricultural conservation easement. This publication shall
include model formats of the specific components of applications.
Publications must be distributed to every county with an approved
program for purchasing agricultural conservation easements and must
be available to all others upon request; and
(12) exercise other discretionary powers as may be necessary and
appropriate for the exercise and performance of its duties, powers,
and responsibilities under this chapter.
(D) The state board is authorized to take the actions necessary to
qualify for federal guarantees and interest rate assistance for
agricultural easement purchase loans under Chapter 2 of the Food
Agriculture, Conservation, and Trade Act of 1990 or subsequent acts.
Section 46-53-50. (A) Each County Priority Agricultural Land
Board must be composed of nine or eleven members appointed by the
county council. County board members shall be appointed as
follows: the number of active farmers shall constitute at least one
less than a majority of the board, one of whom must be active in the
production of forest crops; one member must be a current
conservation district commissioner of the county and shall serve in
a voting ex-officio capacity; one member must be a current member
of the governing body of a town located within the county and shall
serve in a voting ex-officio capacity; one member must be a real
estate agent licensed by the State of South Carolina; and the other
members must be appointed at the pleasure of the county council.
The county board shall elect annually one member of the county
board to serve as chairman of the board. The county board
membership of the member of the governing body of a town located
within the county is deemed vacant upon vacancy in, or the
expiration of the term of, the town office to which the member was
elected. The term of the initial farmer appointees is for three years;
the initial term of the current member of the governing body of a
town is for two years; and the initial term of all other members is for
one year. Thereafter, the term of all members is for three years.
Members shall serve without salary, but the county council may
entitle each member to reimbursement for his actual and necessary
expenses incurred in the performance of his official duties. A county
board shall advise the county council and work with the county
planning commission, if one exists, in relation to the proposed
establishment, modification, and termination of a priority agricultural
land area. In particular, the board shall render expert advice relating
to the desirability of such action, including advice as to the nature of
agricultural production within the proposed area and the relation of
agricultural production in the area to the county as a whole.
(B) Each county board shall:
(1) adopt rules of procedure and bylaws governing the operation
of the county board and the conduct of its meetings;
(2) adopt rules and regulations for the administration of a
county program for the purchase of agricultural conservation
easements in accordance with the provisions of this chapter;
(3) propose a priority agricultural land area;
(4) adopt rules and regulations establishing the standards and
procedures for purchase of agricultural conservation easements
within a priority agricultural land area including, but not limited to,
rules and regulations governing the submission of applications by
landowners, establishing standards and procedures for the valuation
of property eligible for purchase as an agricultural conservation
easement, and establishing standards and procedures for the selection
or purchase of agricultural conservation easements;
(5) execute agreements to purchase agricultural conservation
easements in the name of the county;
(6) purchase in the name of the county agricultural conservation
easements within a priority agricultural land area;
(7) use monies appropriated by the county council from the
county general fund to hire staff and administer the county program;
(8) use monies appropriated by the county council from the
county general fund or the proceeds of indebtedness incurred by the
county and approved by the county council for the purchase of
agricultural conservation easements within a priority agricultural land
area;
(9) purchase agricultural conservation easements separately or
in combination with any funding source or sources, including federal,
state, local, and private funds;
(10) establish and maintain a repository of records of agricultural
and forest lands which are subject to agricultural conservation
easements purchased by the county and which are located within the
county;
(11) record agricultural conservation easements purchased by the
county in the office of the recorder of deeds of the county wherein
the agricultural conservation easements are located;
(12) submit to the state board for review the initial county
program and any proposed revisions to approved county programs for
purchasing agricultural conservation easements;
(13) establish criteria to be used in prioritizing applications for
the purchase of agricultural conservation easements and assign to the
applications to be submitted for consideration for federal funding;
and
(14) conduct educational activities as are necessary; however, an
educational workshop open to the public must be conducted prior to
the establishment of a priority agriculture land area.
(C) The county board shall submit to the state board an annual
report which includes:
(1) location of a priority agricultural land area and agricultural
conservation easements in the county;
(2) number of acres throughout the county which are located
within a priority agricultural land area;
(3) number of acres throughout the county which are subject to
agricultural conservation easements;
(4) number of agricultural conservation easements in the
county;
(5) number of acres included within each agricultural
conservation easement throughout the county;
(6) number and value of agricultural conservation easements
purchased by the county, including the number and value of
purchases made during the preceding fiscal year of the State;
(7) dollar value of the annual appropriation made by the county
for the purchase of agricultural conservation easements;
(8) quality of the agricultural and forest lands subject to
agricultural conservation easement, including the soil classifications
and productivity of the agricultural and forest lands;
(9) nature, scope, and extent of development activity within the
area where agricultural conservation easements have been purchased;
(10) nature and extent of conservation practices and best
management practices including, but not limited to, soil erosion,
sedimentation control, and nutrient management practices, which are
practiced on agricultural and forest lands subject to agricultural
conservation easements; and
(11) total number of recommendations filed by the county for
purchase of agricultural conservation easements and the number
approved and disapproved and the reasons for disapproval.
Section 46-53-60. (A)(1) A landowner, planning commission,
county board, or municipal governing body may submit a request to
the county council for the creation of a priority agricultural land area
within the county. The request must be in the format and manner
prescribed by the county.
(2) When a request has been submitted for the creation of a
priority agricultural land area, the county council shall forward the
request to the county board or establish a county board pursuant to
Section 46-53-50 if one has not already been established.
(3) The county board is responsible for providing notice and
conducting a public hearing on proposed priority agricultural land
areas and submitting a proposal for the creation of a priority
agricultural land area to county council in the manner and form as
may be prescribed by the county council including wherein the
proposed area is situated and a description of the proposed area,
including the boundaries of the area. The county board shall
coordinate with the county planning commission, if one exists, with
any request, modification, or proposal to create a priority agricultural
land area.
(4) If the land included in a proposal for a priority agricultural
land area is situated in more than one local government unit, the
proposal must be submitted and approval of the proposal must be
sought from the county council of each local government unit
affected. The governing bodies may cooperate in the review of a
proposed priority agricultural land area and may provide joint public
notices and a joint public hearing on the priority agricultural land
area. A rejection by a county council shall exclude that portion of the
proposal which is situated within the local government unit.
However, the rejection does not preclude the approval of the
remaining portion of the proposal as a priority agricultural land area
by the county council of the other affected local government units, if
the approved portion meets all other requirements imposed under this
chapter for a priority agricultural land area.
(B) Notice of the completed proposal must be provided by the
county board by publishing a notice in a newspaper having general
circulation within the proposed priority agricultural land area and by
posting the notice in five conspicuous places within, adjacent to, or
near the proposed area.
The notice shall contain a:
(1) statement that a request for a priority agricultural land area
has been filed with the county council pursuant to this chapter;
(2) statement that the proposal for the priority agricultural land
area will be on file open to public inspection in the office of the local
government unit;
(3) statement that any local government unit encompassing or
adjacent to the proposed area, or any landowner who owns the land
proposed to be included within the proposed area or any landowner
with lands adjacent or near to the proposed area who wishes these
lands to be included or not included may propose modifications of
the proposed area in the form and manner as may be prescribed by
the county council;
(4) statement that the request and proposed modifications will
be submitted to the county planning commission and the county
board, and that after they are submitted, a public hearing will be held
on the request, proposed modifications, and recommendations of the
county planning commission and county board; and
(5) map identifying the proposed priority agricultural land area.
(C) The county board shall receive any requests for modifications
of the priority agricultural land area proposal which may be
submitted by a planning commission, conservation district, county
board, landowner, or local governing body.
(D)(1) For a county with a county planning commission:
(a) The county board shall refer requests and proposed
modifications to the county planning commission.
(b) The county planning commission, together with the
county board, shall review the request and proposed modifications,
and the county planning commission shall report to the county
council the potential effect of the request and proposed modifications
upon the county's planning policies and objectives, including the
request's compliance with the county's comprehensive plan.
(2) For a county without a county planning commission, the
county board shall review the request and the proposed modifications
and report to the county council its recommendations concerning the
request and proposed modifications.
Section 46-53-70. (A) The standards, criteria, and requirements
established by the state board for state board approval of county
programs for purchase of agricultural conservation easements shall
include, but are not limited to, the extent to which the county
considers and addresses the following when establishing a priority
agricultural land area:
(1) landowner support for designation or inclusion;
(2) percentage of soils that are suitable for agricultural
production;
(3) percentage of soils classified as prime, unique, or of
statewide importance;
(4) amount of pressure to convert land to nonagricultural
production purposes;
(5) sufficient size to ensure viability of agricultural production;
(6) existing agricultural production infrastructure investments;
(7) compatibility with comprehensive and zoning plans; and
(8) other relative, economic, or unique factors.
(B) These resource materials must be used in evaluating a priority
agricultural land area:
(1) USDA Natural Resources Conservation Service soil surveys
and soil information; and
(2) Other published data, charts, and relevant information
recognized by the department and the USDA Natural Resources
Conservation Service.
Section 46-53-80. Upon submission of the report from the county
planning commission or, if a county planning commission does not
exist, then by the county board, the county board shall hold a public
hearing relative to the proposed priority agricultural land area. The
county board shall publish a notice of intent to create a priority
agricultural land area as specified in Section 46-53-60(B).
Section 46-53-90. (A) The county council, upon completion of the
procedures and considerations prescribed in Sections 46-53-60,
46-53-70, and 46-53-80, may adopt the proposal or any modification
of the proposal the county council deems appropriate, including the
inclusion, to the extent feasible, of adjacent viable agricultural and
forest lands and the exclusion, to the extent feasible, of nonviable
agricultural and forest land and nonagricultural and forest land. The
existence of utility facilities on the proposed area does not prevent
the adoption of the area as a priority agricultural land area and the
rights of utilities with respect to the existing facilities must not be
disturbed or affected by the adoption. The county council shall act
to adopt or reject the proposal or any modification.
(B) Within ten days of the county council's decision to reject or
modify the proposal, the county council shall submit to the county
board a written decision stating why the proposal was not adopted or
was modified. The written decision shall include a finding of fact,
review of the evaluation criteria prescribed in Section 46-53-70, and
a discussion of reasons for rejection or modification of the proposal.
(C) A priority agricultural land area becomes effective upon the
adoption of the proposal or its modification by the county council.
If the proposal has included land situated in more than one local
government unit, the priority agricultural land area becomes effective
upon adoption by the local government unit or units of that portion
of the proposal or proposed modifications as will meet the
requirements of a priority agricultural land area provided in this
chapter. Subsequent adoption of the remaining portion shall
immediately effectuate the portion as a priority agricultural land area.
(D) After the creation of a priority agricultural land area, a
description and map of the area must be on file and maintained by the
county board and must be made available to the public.
(E) The addition of land to a priority agricultural land area may
occur at any time during the period provided for in Section 46-53-60.
Section 46-53-100. Any party in interest aggrieved by a decision
or action of the county council relating to the creation, composition,
modification, rejection, or termination of a priority agricultural land
area may take an appeal to the court of common pleas in the manner
provided by law within thirty days after the decision or action.
Section 46-53-110. (A) After the establishment of a priority
agricultural land area by the county council, the same county council
shall authorize the county board to administer landowners'
applications for the purchase of agricultural conservation easements
from landowners whose land is within the priority agricultural land
area.
(B) To qualify under this chapter, an agricultural conservation
easement is subject to these terms, conditions, restrictions, and
limitations:
(1) The term of an agricultural conservation easement is
perpetual except as provided for in item (2).
(2) Unless authorized in accordance with item (5), an
agricultural conservation easement may not be extinguished, leased,
encumbered, or restricted in whole or in part for a period of thirty
years beginning on the date of purchase of the easement.
(3) Unless authorized in accordance with item (B)(5), if the land
subject to the agricultural conservation easement is no longer viable
agricultural land, the county, subject to the approval of the county
board and the county council, and if state funds were used to
purchase the agricultural conservation easement, the State with the
approval of the State board may sell, convey, extinguish, lease,
encumber, or restrict an agricultural conservation easement to the
current owner of record of the farmland subject to the easement after
the expiration of thirty years from the date of purchase of the
easement for a purchase price equal to the value at the time of resale
determined pursuant to subsection (D) at the time of conveyance.
The purchase price must be payable to the county. Any payment
received by the county pursuant to this item must be paid into a
county account that may be used only for the purpose of purchasing
agricultural conservation easements.
(4) Instruments and documents for the purchase, sale, and
conveyance of agricultural conservation easements must be approved
by the county board prior to execution and delivery. Proper releases
from mortgage holders and lienholders must be obtained and
executed to ensure that all agricultural conservation easements are
purchased free and clear of all encumbrances.
(5) Whenever a public entity, authority, or political subdivision
exercises the power of eminent domain and condemns land subject
to an agricultural conservation easement, the condemner shall provide
just compensation to the owner of the land in fee and to the owner of
the easement as follows:
(a) The owner of the land in fee must be paid the full value
which would have been payable to the owner but for the existence of
an agricultural conservation easement less the value of the
agricultural conservation easement at the time of condemnation.
(b) The owner of the easement must be paid the value of the
easement at the time of condemnation.
(6) An agricultural conservation easement does not prevent:
(a) The granting of rights-of-way by the owner of the subject
land in and through the land for the installation of, transportation of,
or use of water, sewage, electric, telephone, telecommunications, gas,
oil, or oil products lines.
(b) Construction and use of structures on the subject land
necessary for agricultural production.
(c) Construction and use of structures on the subject land for
the landowner's principal residence or for the purpose of providing
necessary housing for seasonal or full-time employees.
(d) Customary part-time or off-season minor or rural
enterprises and activities which are provided for in the county
Priority Agricultural Land program approved by the state board
pursuant to Section 46-53-40.
(7) Land subject to an agricultural conservation easement may
not be subdivided for any purpose which may harm the viability of
the agricultural or forest land for agricultural production. Land may
be subdivided prior to the granting of an agricultural conservation
easement if subdividing will not harm the viability for agricultural
production of the land subject to the easement.
(8) Nothing in this chapter prohibits a member of the state board
or county board or his or her family from selling an agricultural
conservation easement under this program if all decisions made
regarding easement purchases are subject to Title 8, Chapter 13.
(9) Land subject to an agricultural conservation easement must
be covered by a conservation plan approved by the Conservation
District.
(C) The standards, criteria, and requirements established by the
state board for state board approval of county programs for
purchasing agricultural conservation easements shall include, but are
not limited to, the extent to which the county considers:
(1) quality of the agricultural and forest lands subject to the
proposed easements, including soils classified as prime, unique, or of
statewide importance;
(2) likelihood that the agricultural and forest lands would be
converted to nonagricultural production use unless subject to an
agricultural conservation easement; areas in the county devoted
primarily to agricultural production where development is occurring
or is likely to occur in the next twenty years should be identified. For
purposes of considering the likelihood of conversion, the existence
of a zoning classification of the land is not relevant, but the market
for nonagricultural production and forest use or development of
agricultural and forest lands is relevant;
(3) sufficient size to ensure viability of agricultural production
or to preserve sensitive environmental areas;
(4) proximity of the agricultural and forest lands subject to
proposed easements to other agricultural and forest lands in the
county which are subject to agricultural conservation easements;
(5) the stewardship of the land and use of conservation practices
and best land management practices including, but not limited to, soil
erosion and sedimentation control and nutrient management;
(6) ancillary benefits including, but not limited to, enhancement
of wildlife habitat, air and water quality, groundwater recharge,
preservation of historic or other cultural features and preservation of
scenic qualities; and
(7) fair, equitable, objective and nondiscriminatory procedures
for determining purchase priorities.
(D) The county board may select from these methods of valuation:
(1) Value may be determined by a numerical point system
established by the county board. If the seller disagrees with the
county board valuation, the seller has the right to obtain an
independent state-certified general real estate appraiser. If the
landowner obtains an independent appraiser, the value must be
calculated according to the average between the county board's
numerical point system and the landowner's appraisal. The
landowner's independent appraiser shall establish market value and
farm land value in accordance with this chapter.
(2) Value may be established by an appraisal process where the
county board shall retain the county assessor to determine market
value and farmland value. If the seller disagrees with the appraisal
made by the county assessor, the seller has the right to select and
retain a separate independent state-certified general real estate
appraiser within thirty days of receipt of the appraisal of the county
assessor to determine market value and farmland value. The county
board shall establish the agricultural value and the nonagricultural
value of the property subject to the agricultural conservation
easement. The state board may provide for a periodic review by a
state-certified general real estate appraiser of appraisals submitted by
counties in order to assure that the appraisals were performed in
accordance with the standards of appraisal practice.
(a) The agricultural value shall equal the sum of:
(i) the farmland value determined by the seller's appraiser;
and
(ii) one-half of the difference between the farmland value
determined by the county assessor and the farmland value determined
by the seller's appraiser if the farmland value determined by the
county assessor exceeds the farmland value determined by the seller's
appraiser.
(b) The nonagricultural value shall equal the sum of:
(i) the market value determined by the county assessor;
and
(ii) one-half of the difference between the market value
determined by the seller's appraiser and the market value determined
by the county assessor if the market value determined by the seller's
appraiser exceeds the market value determined by the county
assessor.
(3) The entire acreage of the agricultural and forest land must
be included in the determination of the value of an agricultural
conservation easement less the value of any acreage which was
subdivided prior to the granting of the easement. The county assessor
or the seller's appraiser shall take into account the potential increase
in the value of the subdivided acreage because of the placement of
the easement on the remaining agricultural and forest land.
(E) The price paid for purchase of an agricultural conservation
easement in perpetuity may not exceed the difference between the
nonagricultural value and the agricultural value determined pursuant
to subsection (D) of this section at the time of purchase, unless the
difference is less than the county board's original appraised value in
which case the county board's original easement value may be
offered. The purchase price may be paid in a lump sum, in
installments over a period of years, or in any other lawful manner of
payment. If payment is to be made in installments or another deferred
method, the person selling the easement may receive, in addition to
the selling price, interest in an amount or at a rate set forth in the
agreement of purchase, and final payment of all money must be made
within, and no later than, five years from the date the agricultural
conservation easement purchase agreement was fully executed. The
county may provide for payments on an installment or other deferred
basis and for interest payments by investing its allocation of state
money for purchases approved under subsection (F) of this section in
securities deposited into an irrevocable escrow account or in another
manner provided by law.
(F)(1) The State shall disburse thirty-three percent of the total
amount of state funds evenly among those counties which have
eligible programs. If these funds are not expended by a county
within one year of their disbursal, the county must remit the
remainder of its allocation to the state board which shall disburse it
to the remaining eligible counties on a competitive basis using
guidelines established by the state board.
(2) The remaining sixty-seven percent of the total amount of
state funds must be disbursed among eligible counties on a
competitive basis using guidelines established by the state board.
Section 46-53-120. (A) The Priority Agricultural Land Trust
Fund of South Carolina is created for the purpose of receiving gifts,
grants, contributions, and other proceeds for the purchase of
conservation easements in the State. The State Priority Agricultural
Land Board is vested with full authority over the administration of
the funds deposited in the fund. The State Treasurer is the custodian
of the fund and shall invest its assets in an interest-bearing account
pursuant to South Carolina law.
(B) The Priority Agricultural Land Trust Fund may receive
appropriations of state general funds, federal funds, donations, gifts,
bond issue receipts, securities, and other monetary instruments of
value.
(C) The income received and accruing from the fund must be spent
only on the purchase of agricultural conservation easements.
(D) The proceeds from this fund may be carried forward from year
to year and do not revert to the general fund of the State.
Section 46-53-130. In conjunction with the county board and the
county planning commission, if one exists, the county council shall
review the status of any priority agricultural land area created under
Section 46-53-90 in accordance with the time frame for the program
review section in the South Carolina Local Government
Comprehensive Planning Enabling Act of 1994 for the purchase of
continuing, modifying, or terminating the priority agricultural area.
Section 46-53-140. (A) A municipality or political subdivision
within which a priority agricultural land area is created shall
encourage the continuity, development, and viability of agricultural
production within the priority agricultural land area by not enacting
local laws or ordinances which would unreasonably restrict
agricultural production within the priority agricultural land area in
contravention of the purposes of this chapter unless the restrictions
or regulations bear a direct relationship to the public health or safety.
(B) A municipal or political subdivision law or ordinance defining
or prohibiting a public nuisance shall exclude from the definition of
a nuisance any agricultural production activity within a priority
agricultural land area as permitted by this chapter if the agricultural
activity or operation does not bear a direct relationship to the public
health and safety.
Section 46-53-150. All state agencies shall encourage the
maintenance of viable agricultural production in a priority
agricultural land area.
Section 46-53-160. No political subdivision, authority, public
utility, or other body having or exercising powers of eminent domain
shall condemn any land within any priority agricultural land area for
any purpose without prior consultation with the county board of the
county in which the condemnation is to take place.
Section 46-53-170. The State and political subdivisions of the
State may appropriate and expend tax revenues for the public
purposes provided by this chapter and, consistent with the
requirements of Article X, Sections 13 and 14 of the Constitution of
this State, may incur bonded indebtedness for the public purposes of
this chapter.
Section 46-53-180. The state board shall submit to the General
Assembly an annual report based on each county program. The
report shall include, but is not limited to, the:
(1) location of priority agricultural land areas and agricultural
conservation easements in the State;
(2) number of acres throughout the State which are located within
priority agricultural land areas;
(3) number of acres throughout the State which are subject to
agricultural conservation easements;
(4) number of agricultural conservation easements in the State.
(5) number and value of agricultural conservation easements
purchased by the counties including the number and value of
purchases made during the preceding fiscal year of the State;
(6) identity of counties participating in the state program for
purchasing agricultural conservation easements;
(7) dollar value of the annual appropriation made by counties for
the purchase of agricultural conservation easements;
(8) quality of the agricultural and forest lands subject to
agricultural conservation easement, including the soil classifications
and productivity of the agricultural and forest lands;
(9) nature, scope, and extent of development activity within the
area where agricultural conservation easements have been purchased;
(10) nature and extent of conservation practices and best land
management practices including, but not limited to, soil erosion and
sedimentation control and nutrient management practices, which are
practiced on farmlands subject to agricultural conservation
easements; and
(11) total number of recommendations filed by counties for
purchase of agricultural conservation easements and the number
approved and disapproved and the reasons for disapproval.
Section 46-53-190. The department shall promulgate regulations
necessary to promote the efficient, uniform, and statewide
administration of this chapter."
SECTION 2. This act takes effect July 1, 1998.
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