[§205-45.5]  Important agricultural land;farm dwellings and employee housing.  A landowner whose agricultural landsare designated as important agricultural lands may develop, construct, andmaintain farm dwellings and employee housing for farmers, employees, and theirimmediate family members on these lands; provided that:

(1)  The farm dwellings and employee housing unitsshall be used exclusively by farmers and their immediate family members whoactively and currently farm on important agricultural land upon which thedwelling is situated; provided further that the immediate family members of afarmer may live in separate dwelling units situated on the same designatedland;

(2)  Employee housing units shall be used exclusivelyby employees and their immediate family members who actively and currently workon important agricultural land upon which the housing unit is situated;provided further that the immediate family members of the employee shall notlive in separate housing units and shall live with the employee;

(3)  The total land area upon which the farm dwellingsand employee housing units and all appurtenances are situated shall not occupymore than five per cent of the total important agricultural land areacontrolled by the farmer or the employee's employer or fifty acres, whicheveris less;

(4)  The farm dwellings and employee housing unitsshall meet all applicable building code requirements;

(5)  Notwithstanding section 205-4.5(a)(12), thelandowner shall not plan or develop a residential subdivision on the importantagricultural land;

(6)  Consideration may be given to the clusterdevelopment of farm dwellings and employee housing units to maximize the landarea available for agricultural production; and

(7)  The plansfor farm dwellings and employee housing units shall be supported byagricultural plans that are approved by the department of agriculture. [L 2008,c 233, §2]