Rule Pre-Proposal
Cover Memo
    Example #1 (map)    
    Example #2  (map)
    Example #3 (map)

Comments Due by June 30, 2009

Summary: This pre-proposal addresses SADC review of applications for the sale of a development easement on property already restricted pursuant to a recorded conservation easement or a recorded instrument limiting or prohibiting further development. The rule pre-proposal states that if the SADC becomes aware of any such restriction/easement that is held for the benefit of the public, the agency will not entertain an attempt to remove or rescind the restriction during the pendency of the application. An applicant who wants to remove such a restriction may withdraw the farmland preservation application, have the restriction legally repealed, and then reapply to the program, but with no prior status or funding commitment. Restrictions/easements that are privately held (e.g., between two property owners and not for the benefit of the public) will be analyzed on a case-by-case basis to determine whether it is necessary or prudent to amend or remove the restriction during the SADC's application process.