Wayne County Agricultural Land Preservation Program

landowner RESPONSIBILITIES

 

CHANGE IN OWNERSHIP

Within 30 days of a change in ownership of the restricted land, the prior owner shall notify the County Board of the name and address of the new owner, provide a copy of the deed, provide a statement of the price per acre and a reference to the volume and page in which the transfer has been recorded by the County Recorder of Deeds.

A deed conveying an interest in the restricted land shall set forth the language of the Agricultural Conservation Easement restrictions verbatim.  Wayne County Agricultural Land Preservation Program Regulations require a copy of the original easement deed be attached to any and all deeds conveying a change in easement ownership.


As an easement landowner, you are responsible to ensure that the restricted land shall be used solely for agricultural production and other agricultural uses, such as the production of field crops; fruits and vegetables; horticultural specialties, including nursery stock and ornamental shrubs and flowers; livestock and livestock by-products; timber, wood and other wood products derived from trees; and aquatic plants and animals and their by-products.

Some customary and part-time or off-season minor or rural enterprises and activities have been approved by the County and State Boards:

  • Direct sale to the public of agricultural products produced principally on the farm provided that at least 50% of such products are produced by the farm operator.

  • Any and all structures contributing to the production, primary processing, direct marketing and storage of agricultural products produced principally on the farm.

  • Structures and facilities associated with irrigation, farm pond improvement, and soil and water conservation practices including, but not limited to, wetland development or restoration, wildlife wetland habitat management, wildlife upland habitat management and riparian forest buffer resources management systems used for erosion and sediment control and water quality improvement.

  • Structures associated with the production of energy for use principally on the farm including wind, solar, hydroelectric, methane, wood, alcohol fuel and fossil fuel systems and structures and facilities for the storage and treatment of animal wastes.

  • The provision of services or production and sale, by persons in residence, of incidental agricultural goods, services, supplies and repairs and/or the conduct of traditional trades and the production and sale of home occupation goods, arts and crafts, so long as these uses remain incidental to the agricultural and open space character of the farm and are limited to occupying residential and/or principally agricultural structures of the property; limited in site coverage to one-half of one percent of the area of the property.

  • The accommodation of tourists and visitors within principally family residential and/or agricultural structures otherwise permitted under the law, so long as the accommodations of tourists and visitors in undertaken as a part-time or off-season minor or rural enterprise and is incidental to the agricultural and open space character of the property.

PERMITTED ACTS


SUBDIVISION

Subdivision of the eased land may be permitted in accordance with the Subdivision Guidelines of the Wayne County Agricultural Land Preservation Program.  The County Board may allow the subdivision of eased property, provided all of the subdivided parcels meet the requirements of both the Agricultural Security Law regulations and the Subdivision Guidelines of the Wayne County Agricultural Land Preservation Program.  The County Board may also allow the subdivision of one parcel of no more than two (2) acres for the construction of one additional residence, for use as the landowner's principal residence or housing for seasonal or full-time farm employees, if the construction cannot be accomplished by land development.  No subdivision of eased property shall be valid unless it is first submitted to the County Board for approval, which shall be granted or denied at its sole discretion.


CONSERVATION PLAN

Landowners are required to maintain an approved conservation plan; conservation plans are required to be updated when there is a change in use of the eased land.


In addition to the structures existing on the restricted land at the date of the granting of the easement, one additional residential structure may be constructed on the restricted land, if the following apply:

  • The residential structure is constructed and used as the landowner's principal residence or for the purpose of providing housing for seasonal or full-time employees.

  • No other residential structure has been constructed on the restricted land after the date of the granting of the easement.

  • The residential structure and its curtilage occupy no more than two (2) acres of the restricted land.

  • The location of the residential structure and its driveway will not significantly harm the economic viability of the restricted land for agricultural production.  A plan showing the location of the proposed residence and driveway shall be submitted for approval to the County Board, prior to seeking a building permit.

If the additional residence is constructed and there is more than one parcel subject to the easement, or the property is subsequently subdivided, the landowner(s) shall also ensure that the deed(s) to the remaining parcel(s) recite that NO residential structures may be constructed on the remaining parcel(s).

CONSTRUCTION OF ADDITIONAL RESIDENCE


CONSTRUCTION OTHER THAN ADDITIONAL RESIDENCE

The construction or use of a building or other structure on the restricted land, other than a building or structure existing on the date of the granting of the easement, is prohibited, except that:

  • The erection of fences for agricultural production and protection of watercourses, such as lakes, streams, springs and reservoirs is permitted.

  • The construction of one additional residential structure may be permitted, subject to the restrictions set forth in the County Regulations - Chapter VII, Section 2.

  • The construction or use of a building(s), or other structure, for agricultural production or commercial equine activity is permitted.

  • The replacement of a residential structure existing on the restricted land on the date of the granting of the easement is permitted if the pre-existing structure is razed or removed and the replacement residential structure is erected within the curtilage of the structure it replaced.

  • A renovation or modification of an existing residential structure, or an addition to an existing residential structure, is permitted if it would not increase the curtilage of the residential structure.

  • A renovation or modification of an existing agricultural building or structure, or an addition to an existing agricultural building or structure is permitted.


When multiple parcels are subject to an easement or parcel subject to an easement has been approved for subdivision, the landowner conveying a parcel to another individual(s) shall do the following:

Submit to the County Board, an aerial soils map delineating the specific parcel(s) that is being conveyed.

  • Submit a written confirmation with respect to the specific parcel that is reserved for the construction of the additional residential structure, if no such structure has been constructed prior to the parcel conveyance.

  • Ensure that the deed to the parcel, with respect to which the right to construct and use the residential structure is reserved, clearly sets forth the reservation of this right.

  • Ensure that the deed(s) to the remaining parcel(s) recites that no additional residential structure may be constructed on the remaining parcel(s).

  • Ensure that the new deed(s) to the conveyed parcel(s) follows the County regulations as set forth in Chapter VII, Section One, Change of Ownership.

  • Within 30 days of a change in ownership of the restricted land, the prior owner(s) shall notify the County Board and the State Board of the name and address of the new owner(s), provided each with a copy of the new deed(s), provided a statement of the price per acre or portion thereof involved in the transfer and a reference to the volume and page in which the transfer has been recorded by the County Recorder of Deeds.

The landowner is hereby notified that they must also follow all township and county guidelines regarding parcel conveyances.  The landowner is advised to contact the respective township and county planning commissions regarding parcel conveyances.  The Wayne County Agricultural Land Preservation Board is not responsible for any parcel conveyance applications other than listed above.

PARCEL CONVEYANCE