302 KAR 100:010.

Procedures for determining purchasing priority for agricultural conservation

easements or other property interests in agricultural lands.

 

      RELATES TO: KRS

262.902, 262.904, 262.908

      STATUTORY

AUTHORITY: KRS 262.902, 262.908

      NECESSITY, FUNCTION,

AND CONFORMITY: KRS 262.908 requires the Purchase of Agricultural Conservation

Easement Board to implement a Purchase of Agricultural Conservation Easement

Program, including the development and promulgation of necessary administrative

regulations. KRS 262.908 requires the Purchase of Agricultural Conservation

Easement Corporation to establish fair, equitable, objective, nondiscriminatory

procedures for determining easement purchase priorities. KRS 262.908 also

requires that land is selected for purchase because it will make a significant

contribution to agricultural production.

 

      Section 1.

Definitions. All terms used in this administrative regulation shall have the

meaning given them in KRS 262.900.

 

      Section 2. A

farmland tract shall not be considered by the PACE Corporation for acquisition

as an agricultural conservation easement or other property interest unless the

land proposed for acquisition meets the following minimum criteria:

      (1) The land is

a farm as defined by KRS 262.900.

      (2) The land is

viable agricultural land as defined by KRS 262.900.

 

      Section 3. The

PACE Corporation shall consider the following factors in evaluating eligible

lands for purchase:

      (1) Soil type;

      (2) Extent of

agricultural production in proximity to the farmland tract;

      (3) Current use

of the farmland tract;

      (4) Proximity of

the farmland tract to an agricultural conservation district;

      (5) Size of

farmland tract;

      (6)

Vulnerability of the farmland tract to conversion to nonagricultural uses; and

      (7) Any other

factors relevant to the use or potential use of the farmland tract for

agricultural production.

 

      Section 4. The

provisions this administrative regulation do not apply to the following

acquisitions of easements or other property interests by the Commonwealth.

      (1) Purchases

made pursuant to KRS 262.904(4);

      (2) Purchases of

an easement or other property interest from a nonprofit land conservation

organization or other qualified organization; or

      (3) Donations of

lands to the Commonwealth by gift or bequest. (22 Ky.R. 423; eff. 10-11-95.)