Eligibility Requirements

Property must meet the following minimum criteria in order to be considered for either a purchased or donated conservation easement:

1.  The property shall be located in Fayette County .
2. The property shall be land which meets one or more of the following criteria (§ 8-24-75 , 2000)
   1. used or usable for agriculture, horticulture or grazing (qualifying property)
   2. wetlands that are part of the qualifying property
   3. woodlands that are
      1. part of or appurtenant to a qualifying property tract; or
      2. held by common ownership of a person or entity owning qualifying property
3. No commercial or industrial structure shall be located on the parcel. (§ 8-24-80 (b), 2000)
4. Clear title to the property must be established and the application must be signed by the property owner(s).
5. The property shall not have any current or past uses that would render the establishment of a conservation easement inconsistent with the intent of the Act or this Program. Such determination shall be made by the Fayette County Farmland Protection Board after consideration of all facts and circumstances.

Additional program criteria must be met for acceptance of a donated easement. Purchased easements and expenses on donated easements shall be ranked in accordance with the program criteria.