West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-26 - Voluntary Farmland Protection Program › Section 61-26-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Acquisition
				of easement" means the holding or coholding of land-use restrictions, whether
				obtained through purchase, gift, devise, bequest, grant or contract to cohold
				with another holder.
2.2.
				"Agricultural use" means the use of land for common farm site activities,
				including but not limited to: production, harvesting, storage, grading,
				packaging, processing and the wholesale and retail marketing of crops, plants,
				animals and other related commodities and the use and application of techniques
				and methods of soil preparation, preservation, disease and pest control,
				disposal of farm waste, irrigation, drainage and water preservation and
				management. Agricultural uses include farm use; businesses directly related to
				the retail sale of farm products; any activity performed for religious,
				charitable or educational purposes or to foster tourism; and any home-based
				business that does not require a division of environmental protection permit to
				operate.
2.3. "Agricultural value"
				of land is the price as of the valuation date which a vendor, willing but not
				obligated to sell, would accept for the property, and which a purchaser,
				willing but not obligated to buy, would pay for the property subject to the
				restrictions placed upon it by the conservation or preservation
				easement.
2.4. "Application" as
				relates to the purchase or donation of development easements, means a standard
				from adopted by the board.
2.5.
				"Authority" means The West Virginia Agricultural Land Protection Authority
				established under § 8A-12-7 of the Voluntary Farmland Protection
				Act.
2.6. "Board" means the board
				of trustees of the West Virginia Agricultural Protection Authority.
2.7. "Conservation easement" means a
				nonpossessory interest of a hold in real property, whether appurtenant or in
				gross, imposing limitations or affirmative obligations, the purposes of which
				include, but are not limited to, retaining or protecting for the public benefit
				the natural, scenic or open-space values of real property; assuring its
				availability for agricultural, forest, recreational or open-space use;
				protecting natural resources and wildlife; maintaining or enhancing land, air
				or water quality; or preserving the historical, architectural, archaeological
				or cultural aspects of real property; except that a conservation easement
				granted to the authority must be held or coheld in perpetuity.
2.8. "County Farmland Protection Boards"
				means a farmland protection board duly established by resolution of a county
				commission opting to create such a board and program under § 8A-12-2 of
				the Voluntary Farmland Protection Act.
2.9. "Cost" as used with respect to cost of
				agriculture easements includes, in addition to the usual connotations thereof,
				the cost of inspection, appraisal, legal, financial and other professional
				services, estimates and advice; and the cost of organizational, administrative
				and other work and services, including salaries, supplies, equipment and
				materials.
2.10. "Determination of
				values" means the value of the easement is determined at the time the authority
				is requested in writing to acquire the easement. The fair market value is
				determined by the county farmland protection board or the authority based on
				one or more appraisals obtained by the authority, and appraisals, if any, of
				the landowner.
2.11. "Director"
				means the individual charged with management of the West Virginia Agricultural
				Land Protection Authority designated as such by the board of trustees and
				serving at their will and pleasure.
2.12. "Fair market value" means the value of
				land as of the valuation date for the highest and best use of the land which a
				vendor, willing but not obligated to sell, would accept for the property, and
				which a purchaser, willing but not obligated to buy would pay for the property
				if the property was not subject to an easement restriction.
2.13. "Farm, farmland or agricultural land"
				means a tract, or contiguous tracts of land, of any size, used or useable for
				agriculture, horticulture or grazing and includes all real property designated
				as wetlands that are part of a property used or useable as farmland.
2.14. "Landowner asking price" means the
				applicant's per acre confidential offer for the sale of a conservation
				easement.
2.15. "Maximum value"
				means the maximum value of any conservation or preservation easement acquired
				by the county farmland protection board or the authority is the asking price or
				the difference between the fair market value of the land and the agricultural
				value of the land, whichever is lower.
2.16. "Opt-out provision" may be inserted
				into any conservation or preservation easement agreement entered into which
				would act as a mechanism to place the easement selling price into an escrow
				fund for the purpose of allowing the owner or owners up to five years to
				rescind the decision to enter into the farmland protection program.
2.17. "Preservation easement" means a
				nonpossessory interest in an historical building; except that a preservation
				easement granted to the authority must be held or coheld in
				perpetuity.
2.18. "Woodland" shall
				be considered land of a farm only if it is part of or appurtenant to a tract of
				land which is a farm, or held by common ownership of a person or entity owning
				a farm, but in no event may woodland include any use inconsistent with farm
				use.