S 1050 Session 112 (1997-1998)
S 1050 General Bill, By Leventis, Drummond, Hayes, Holland and Hutto
Similar(H 4692)
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.
02/19/98 Senate Introduced and read first time SJ-2
02/19/98 Senate Referred to Committee on Agriculture and Natural
Resources SJ-2
04/21/98 Senate Committee report: Favorable with amendment
Agriculture and Natural Resources SJ-34
04/29/98 Senate Amended SJ-25
04/29/98 Senate Read second time SJ-25
04/29/98 Senate Ordered to third reading with notice of
amendments SJ-25
COMMITTEE AMENDMENT ADOPTED
April 29, 1998
S. 1050
Introduced by Senators Leventis, Drummond, Holland, Hayes and
Hutto
S. Printed 4/29/98--S.
Read the first time February 19, 1998.
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.
Amend Title To Conform
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) ensure 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 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 by the Natural
Resources Conservation Service of the United States Department of
Agriculture (USDA), approved by the appropriate conservation
district, and implemented by a 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. The forest land portion of the conservation
plan must be prepared by a registered forester and approved by the
South Carolina Forestry Commission.
(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 a landowner's designee
with a minimum of one hundred acres that is being actively managed
for forest products.
(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 a 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, 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 as defined and governed by the South Carolina Local
Government Comprehensive Planning Enabling Act of 1994.
(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 approximating 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 of the
department 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, one of whom must
be a forest farmer, 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. The Department may seek the advice of a general farm
organization. These members must be active farmers, each
representing a different Congressional District, each residing within
the State, and at least one of whom 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 chapter.
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) Upon the creation of a County Priority
Agricultural Land Board, the county board must be composed of
nine or eleven members appointed by a county council. The county
council may seek the advice of a local general farm organization.
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, at least one of whom must be a forest farmer; one member
must be a current conservation district commissioner of a 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 a
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 a county
council. The county board shall elect annually one member of a board
to serve as chairman of the board. The term ends for the member
from the governing body of a town located within the county if the
member vacates the elected office or at the expiration of the
member's term of office in his elected position. The term of the initial
farmer appointees is for three 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. The
county board shall work with the planning commission, if one exists,
to advise county council on matters relating 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 a proposed area and the relation of
agricultural production in an 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 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 or areas;
(4) adopt rules establishing the standards and procedures for
purchase of agricultural conservation easements within priority
agricultural land areas including, but not limited to, rules 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 with the advice and consent of
the county council;
(6) purchase in the name of the county agricultural conservation
easements within priority agricultural land areas with the advice and
consent of the county council;
(7) use monies appropriated and approved 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 priority agricultural land
areas;
(9) purchase agricultural conservation easements separately or
in combination with any funding source or sources, including federal,
state, local, and private funds with the advice and consent of the
county council;
(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
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) Each county board shall submit to the state board an annual
report which includes:
(1) location of priority agricultural land areas and agricultural
conservation easements in the county;
(2) number of acres throughout the county which are located
within priority agricultural land areas;
(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
areas 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
its county council for the creation of a priority agricultural land area
or areas within the county. A 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 or areas, a county council shall proceed
in the following manners:
(a) Each county council shall establish a county board
pursuant to Section 46-53-50 and forward a request or requests for
the creation of a priority agricultural land area or areas to that county
board; or
(b) Each county council shall provide notice as outlined in
Section 46-53-60(B) and conduct a public hearing to determine if
there is sufficient public interest to proceed with the declaration of a
priority agricultural land area. If a county council determines there
is sufficient public interest to proceed with the declaration of a
priority agricultural land area, then the county council shall establish
a county board pursuant to Section 46-53-50 and forward a request
or requests for the creation of a priority agricultural land area or areas
to that county board. If a county council, after holding a public
hearing, determines there is insufficient public interest to proceed
with the process of declaring a priority agricultural land area or areas,
then the county council shall not establish a priority agricultural land
area board; and if subsequent requests are submitted to a county
council after a determination of insufficient public interest, the
county council shall conduct a public hearing, but not before six
months have elapsed since the previous public hearing, to determine
if there is sufficient public interest to declare a priority agricultural
land area or areas.
(3) A county priority agricultural land area board is the only
entity authorized to consider, establish, declare, or otherwise put into
effect a priority agricultural land area.
(4) A county board is responsible for providing notice and
conducting a public hearing on priority agricultural land area or area
requests and submitting a proposal for the creation of a priority
agricultural land area or areas to its county council in the manner and
form as may be prescribed by its county council including wherein
a proposed area is situated and a description of a proposed area,
including its boundaries. Each county board shall coordinate with a
county planning commission, if one exists, with any request,
modification, or proposal to create a priority agricultural land area or
areas.
(5) If the land included in a proposal for a priority agricultural
land area or areas is situated in more than one local government unit,
then the proposal must be submitted and approval of the proposal
must be sought from the governing body of each local government
unit affected. The governing bodies may cooperate in the review of
a proposed priority agricultural land area or areas and may provide
joint public notices and a joint public hearing on a proposed priority
agricultural land area or areas. A rejection by a governing body of a
local government unit shall exclude that portion of a proposal which
is situated within the local government unit. However, the rejection
does not preclude the approval of the remaining portion of a 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 a completed proposal must be provided by a county
board by publishing a notice in a newspaper having general
circulation within each proposed priority agricultural land area and
by posting such notice in five conspicuous places within, adjacent to,
or near each proposed area.
The notice shall contain a:
(1) statement that a request for the creation of a priority
agricultural land area or areas has been filed with the county council
pursuant to this chapter;
(2) statement that a proposal for a priority agricultural land area
ore areas 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 a proposed area, or any landowner who owns land
proposed to be included within a proposed area or any landowner
with lands adjacent or near to a proposed area who wishes these lands
to be included or not included may propose modifications of a
proposed area in the form and manner as may be prescribed by the
county council;
(4) statement that a 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 each proposed priority agricultural land
area.
(C) A county board shall receive all requests for modifications of
priority agricultural land area proposals 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 its county planning commission.
(b) The county planning commission, together with its county
board, shall review all requests and proposed modifications. The
county planning commission shall report to its county council the
potential effect of each request and proposed modifications upon the
county's planning policies and objectives, including a request's
compliance with the county's comprehensive plan.
(2) For a county without a county planning commission, the
county board shall review all request and any proposed modifications
and report to the county council its recommendations concerning any
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 a county considers
and addresses the following when establishing a priority agricultural
land area or areas:
(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 a report from a county
planning commission or, if a county planning commission does not
exist, then by a county board, the county board shall hold a public
hearing relative to a proposed priority agricultural land area or areas.
The county board shall publish a notice of intent to create a priority
agricultural land area or areas as specified in Section 46-53-60(B).
Section 46-53-90. (A) A county council, upon completion of the
procedures and considerations prescribed in Sections 46-53-60,
46-53-70, and 46-53-80, may adopt a proposal or any modification
of a 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 lands and nonagricultural and forest lands.
The existence of utility facilities on a 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 each proposal and any modification to each
proposal.
(B) Within ten days of a county council's decision to reject or
modify a proposal, the county council shall submit to its county
board a written decision stating why each 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 a proposal.
(C) A priority agricultural land area becomes effective upon the
adoption of a proposal or its modification by a county council. If a
proposal has included land situated in more than one local
government unit, the priority agricultural land area or areas only
become effective upon adoption by the local government unit or units
of that portion of a 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 immediately
establishes that 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.
(F) Land situated in an existing priority agricultural land area must
be removed from that area upon a request by a landowner for it to be
removed. Each county board may designate the form of such a
request.
Section 46-53-100. (A) After the establishment of a priority
agricultural land area by a county council, the same county council
shall authorize its county board to consider 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 (5), if the land
subject to an agricultural conservation easement is no longer viable
agricultural land, a county, subject to the approval of its county board
and its county council, 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 price
equal to the value at the time of resale determined pursuant to
subsection (D) at the time of conveyance. If state funds were used to
purchase an agricultural conservation easement, the state board must
also give its approval that the land under easement is no longer viable
prior to the county's selling, conveying, extinguishing, leasing,
encumbering, or restricting 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 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 a 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 a 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 an 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
a 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 a Conservation
District.
(C) The standards, criteria, and requirements established by the
state board for state board approval of a county program for
purchasing agricultural conservation easements shall include, but are
not limited to, the extent to which a county considers:
(1) quality of the agricultural and forest lands subject to a
proposed easement, 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 a 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) A county board may select from either of these methods of
valuation:
(1) Value may be determined by a numerical point system
established by the county board. If a seller disagrees with a county
board valuation, a seller has the right to obtain an independent
state-certified general real estate appraiser. If a landowner obtains an
independent appraiser, the value must be calculated according to the
average between the county board's numerical point system and a
landowner's appraisal. A 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 a
county board shall retain its county assessor to determine market
value and farmland value. If a seller disagrees with the appraisal
made by the county assessor, a 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 an 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 a 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 a seller's appraiser if the farmland value determined by the county
assessor exceeds the farmland value determined by a 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 a seller's appraiser and the market value determined by
the county assessor if the market value determined by a 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. A county assessor
or a 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 a 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, a person selling an 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 an 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) State funds to be used to support county programs shall be
disbursed as follows:
(1) The state board 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 46-53-110. (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 46-53-120. (A) In conjunction with a county board, any
affected municipality, and a county planning commission, if one
exists, a county council shall review the status of all priority
agricultural land areas 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 purpose of continuing, modifying, or terminating a
priority agricultural area.
(B) If a municipality annexes land which includes any part of a
priority agricultural land area, that portion of the priority agricultural
land area that has been annexed may not be terminated except upon
a majority vote of the governing body of the municipality.
Section 46-53-130. (A) A municipality or political subdivision
within which a priority agricultural land area or areas are created
shall encourage the continuity, development, and viability of
agricultural production within a priority agricultural land area by not
enacting local laws or ordinances which would unreasonably restrict
agricultural production within a priority agricultural land area in
contravention of the purposes of this chapter unless the restrictions
or ordinances 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 46-53-140. All state agencies shall encourage the
maintenance of viable agricultural production in priority agricultural
land areas.
Section 46-53-150. No political subdivision, authority, public
utility, or other body having or exercising powers of eminent domain
shall condemn any land within a 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 46-53-160. 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 46-53-170. The state board shall submit to the General
Assembly an annual report based on each eligible county. 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 46-53-180. 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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