Eligibility Requirements
Property must meet the following minimum criteria in order to be considered for either a purchased or donated conservation easement:
- The property shall be located in Pocahontas County, and the existing use and development of the land shall be in conformance with any applicable land use and development ordinances.
- The property shall be land which meets one or more of the following criteria
- used or usable for agriculture, horticulture or grazing (qualifying property)
- wetlands that are part of the qualifying property
- woodlands that are part of or appurtenant to a qualifying property tract
- No commercial or industrial structure shall be located on the parcel.
- Clear title to the property must be established and the application must be signed by the property owner(s). No easement can e sold or donated unless any lien holder agrees to subordinate their claim to the easement.
- 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 Pocahontas County Farmland Protection Board and the Pocahontas County Commission after consideration of all facts and circumstances.
- An easement may be acquired on a designated portion of a parcel, allowing the remainder to be unencumbered for residential development or other use.
- Properties which have current deeds of conservation easements are not eligible for Farmland Protection Board conservation easements.
- Any application for inclusion into the easement program must include a completed application including a sketch plat.
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.