<div class="chunk-title">Sec. 58-78. - Property use restrictions and violations.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">Property use restrictions.</span> In addition to restrictions set out elsewhere in these guidelines, the following
               restrictions will apply to property included in the purchase, lease or donation of
               conservation easements program. A waiver of any restriction may be granted only upon
               approval by the advisory board in writing. Additional funding sources may be more
               restrictive based on their program deed requirements.
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Residences permitted on the land from which conservation easements have been conveyed
               are existing dwellings and the replacement of existing dwellings. No more than three
               dwellings will be permitted on the property included in the purchase, lease or donation
               of conservation easements. Request for additional dwellings shall be considered on
               a case by case basis.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               All permitted nonagricultural structures shall, when feasible, be located in the immediate
               vicinity of existing structures, described as the homestead or curtilage, as reasonable
               expansions of the homestead or curtilage or on the area(s) of the property of least
               productive capability. Such permitted structures shall, when feasible, utilize existing
               or common driveways, lanes or rights-of-way.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               The extraction of minerals by surface mining and extraction and removal of topsoil
               from the property are prohibited. The extraction of subsurface or deep-mined minerals,
               including natural gas and oil, and the non-commercial extraction of minerals including
               limestone, shale and other minerals shall be permitted, as long as the removal activity
               does not significantly diminish the agricultural potential of the land.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               Use of the property for dumping, storage, processing, or landfill of non-agricultural
               solid waste or hazardous materials generated off-site is prohibited. Land application
               of biosolids is acceptable.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               Use of the property for dumping, storage, processing, or landfill of hazardous or
               nuclear waste is prohibited.
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               Signs, billboards, and outdoor advertising structures may not be displayed on the
               property except to state the name of the property, the name and address of the occupant,
               to advertise an on-site activity and to advertise the property for sale or rent, as
               allowed by the county sign ordinance.
               </p>
            		
            <p class="incr1">
               (7)
               </p>
            		
            <p class="content2">
               Agricultural land will be managed in accordance with sound soil and water conservation
               practices in a manner which will not destroy or substantially or irretrievably diminish
               the productive capability of the property.
               </p>
            		
            <p class="incr1">
               (8)
               </p>
            		
            <p class="content2">
               County officials shall have the right to enforce these restrictions by injunction
               and all other appropriate proceedings allowable by law. Representatives of the county
               may enter upon the property for the purposes of inspection concerning compliance with
               the agricultural conservation easement program.
               </p>
            		
            <p class="incr1">
               (9)
               </p>
            		
            <p class="content2">
               The county will hold the conservation easements in public trust for farmland preservation
               and/or open space purposes and will not voluntarily assign these rights except to
               another organization bound to hold such rights for the same purposes.
               </p>
            		
            <p class="incr1">
               (10)
               </p>
            		
            <p class="content2">
               All tracts of land from which conservation easements were purchased with federal or
               state funds will be subject to federal and state regulations concerning farmland preservation.
               </p>
            		
            <p class="incr1">
               (11)
               </p>
            		
            <p class="content2">
               Timbering shall be permitted when based on a valid management plan prepared by a registered
               forester or consulting forester.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">Conservation easement violations.</span>
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               <span class="ital">Purpose.</span> This policy establishes the procedure the Soil and Water Conservation District shall
               follow in the event of an easement violation and the assessment of the appropriate
               enforcement action. The Soil and Water Conservation District is legally obligated
               to enforce the terms of its conservation easements. In addition to protecting the
               conservation values of the land, enforcement is necessary to generate public confidence
               in the Soil and Water Conservation District's mission to conserve land, to uphold
               the organization's legal authority to enforce the terms of its conservation easements,
               and to maintain the ability to accept future donations of easements and its tax-exempt
               status. The Soil and Water Conservation District may discover a violation on a monitoring
               visit, through a neighbor or other interested party, or during informal observation.
               It is important to note that a violation may have been caused by the landowner, an
               adjacent property owner or a trespasser. The Soil and Water Conservation District's
               first response must be twofold: thoroughly document the violation, and contact the
               landowner to discuss and understand the situation. The Soil and Water Conservation
               District's response to a violation should match the severity of the violation. Minor
               infractions (i.e., roadside trash, minor tree cutting) may warrant a written acknowledgement
               of the violation from Soil and Water Conservation District staff. The more egregious
               transgressions (e.g. construction, excavation, timber harvest, hazardous material
               dumping) require a swift and formal response.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               <span class="ital">Procedures for enforcement.</span>
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               After discovering the potential violation, Soil and Water Conservation District staff
               shall review the conservation easement document. If staff concludes the action to
               be a violation of the easement's terms and/or the violation is of an on-going nature,
               the staff shall involve the Soil and Water Conservation District director and the
               advisory board chairperson immediately.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               Document the violation with photographs, measurements of damage to the affected resource,
               signed and dated field notes, and explicit comparison with the baseline data. A thorough
               record will be essential should the Soil and Water Conservation District pursue legal
               action. The violation should be documented for an audience that is unfamiliar with
               the property.
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               If discovery of the violation is after the fact, evaluation and formulation of remedies
               will include the advisory board. If the violation is ongoing and response time is
               of the essence, staff and the chairperson of the advisory board shall evaluate the
               violation and formulate a plan for remedy.
               </p>
            		
            <p class="incr2">
               d.
               </p>
            		
            <p class="content3">
               Soil and Water Conservation District staff shall contact the landowner by telephone,
               explain the situation and the Soil and Water Conservation District's policy on easement
               violations, request correction of the violation, replacement and/or cessation of the
               activity, and set a deadline for compliance.
               </p>
            		
            <p class="incr2">
               e.
               </p>
            		
            <p class="content3">
               Soil and Water Conservation District staff shall follow up the telephone call with
               a letter reiterating the oral explanation and request and the need for a compliance
               inspection. Soil and Water Conservation District staff will send the correspondence
               via certified mail.
               </p>
            		
            <p class="incr2">
               f.
               </p>
            		
            <p class="content3">
               Soil and Water Conservation District staff and the chairperson of the advisory board
               shall inspect the property on the deadline date for compliance. The inspection may
               proceed without the chairperson of the advisory board.
               </p>
            		
            <p class="incr2">
               g.
               </p>
            		
            <p class="content3">
               If the matter ends with prompt compliance, Soil and Water Conservation District staff
               shall send a written acknowledgement of compliance to the landowner.
               </p>
            		
            <p class="incr2">
               h.
               </p>
            		
            <p class="content3">
               If the landowner does not comply by the established date, Soil and Water Conservation
               District staff shall send a second letter restating the required corrections and establishing
               a second deadline date. A copy of the letter will be sent to the district's attorney.
               </p>
            		
            <p class="incr2">
               i.
               </p>
            		
            <p class="content3">
               Soil and Water Conservation District staff and the chairperson of the advisory board
               shall inspect the property on the second deadline date. The inspection can proceed
               without the advisory board chairperson.
               </p>
            		
            <p class="incr2">
               j.
               </p>
            		
            <p class="content3">
               If the landowner complies with the required corrections, Soil and Water Conservation
               District staff will send a written acknowledgement to the landowner of compliance.
               </p>
            		
            <p class="incr2">
               k.
               </p>
            		
            <p class="content3">
               If the landowner does not comply by the second deadline date, the advisory board shall
               re-evaluate the situation. The advisory board has the option to recommend that the
               Soil and Water Conservation District pursue enforcement through more formal legal
               channels (i.e., arbitration, mediation, litigation). Judicial proceedings should be
               viewed as a last resort.
               </p>
            		
            <p class="b2">
               If a violation requires court action, the Soil and Water Conservation District shall:
               </p>
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               Be certain there are adequate funds to cover legal expenses;
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               Retain and prepare the best legal counsel available;
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               Actively participate in the formulation of the case;
               </p>
            		
            <p class="incr2">
               d.
               </p>
            		
            <p class="content3">
               Use the Soil and Water Conservation District's documentation of the violation, baseline
               and monitoring documentation, and experience on the property to its fullest advantage.
               </p>
            		
            <p class="incr2">
               e.
               </p>
            		
            <p class="content3">
               There may be occasions when actions (i.e., unauthorized timber harvest, construction,
               etc.) by a landowner or third party can or will result in a serious threat to the
               conservation values of the property. To protect the conservation values in such cases,
               the action(s) must be stopped immediately. If an attempt to rectify the situation
               by working with the landowner or responsible party is unsuccessful, Soil and Water
               Conservation District staff will use the following protocol for such situations:
               </p>
            		
            <p class="incr3">
               1.
               </p>
            		
            <p class="content4">
               Staff will ensure the action is a legitimate violation of the conservation easement;
               </p>
            		
            <p class="incr3">
               2.
               </p>
            		
            <p class="content4">
               Notify the Soil and Water Conservation District director;
               </p>
            		
            <p class="incr3">
               3.
               </p>
            		
            <p class="content4">
               Notify the advisory board;
               </p>
            		
            <p class="incr3">
               4.
               </p>
            		
            <p class="content4">
               Director should seek the approval of the advisory board for an immediate response
               in the form of an injunction;
               </p>
            		
            <p class="incr3">
               5.
               </p>
            		
            <p class="content4">
               Inform the soil and water board of the situation at the next board meeting; and
               </p>
            		
            <p class="incr3">
               6.
               </p>
            		
            <p class="content4">
               Execute injunction process and attempt to re-establish productive communication with
               the landowner or responsible party.
               </p>
            		
            <p class="historynote0">
               (
               <a class="ordinance-link" href="" data-product-id="12776" data-ordinance-id="797622">
                  Ord. No. 16-11-01
                  </a>
               , Â§ 1(Exh. A), 11-1-16)
               </p></div>