3-3308. Terms of agricultural easement


A. The director shall ensure that the agricultural easement prohibits activities
that are inconsistent with the preservation of open space and the local production of
food and fiber. The director shall monitor agricultural easements established pursuant to
this chapter based on recommendations received from the commission.


B. The easement holder and the landowner may negotiate and include the following
considerations in the agricultural easement:


1. Lump sum or annual cash payments.


2. A perpetual or renewable term easement.


3. Long-term contract security provisions.


4. Retention of limited residential development rights by the landowner that must
be consistent with the specific conditions of the agricultural easement agreement and
with the purposes prescribed by this article. The retained limited residential
development rights shall not exceed ten per cent of the land subject to the easement.