Section 554.733. Review.

(1) In reviewing an application for a farmland development rights agreement or a designated open space development rights easement, the local governing body shall consider first the ability of the land cited in the application to meet the eligibility requirements of the act, sections 324.36101(h) and (j)(i)(A) to (C) respectively. The local governing body may then take into consideration the following:

(a)    The physical resource characteristics for agricultural or designated open space use.

(b)     Any encumbrance on the property.

(c)     The relationship of the property to the entire farm operation if the application is for only a portion of the farm operation.

(d)     The percentage of the land cited in the application which actually meets the definition for farmland or designated open space.

(e)     Any other criteria which the local governing body can demonstrate as being relevant to the application.

(2)          In reviewing an application for a farmland development rights agreement or a designated open space development rights easement, the state land use agency shall reject an application only if it is in nonconformance with the eligibility requirements in the act, sections 324.36101(h) and (j)(i)(A) to (C) respectively. In reviewing an application on appeal for a farmland development rights agreement or a designated open space development rights easement, the state land use agency shall consider the ability of the land cited in the application to meet the eligibility requirements of the act, sections 324.36101(h) and (j)(i)(A) to (C) respectively.  The state land use agency may then take into consideration the following:

(a)    The physical resource characteristics for agricultural or designated open space use.

(b)     Any encumbrance on the property.

(c)     The relationship of the property to the entire farm operation if the application is for only a portion of the farm operation.

(d)     The percentage of the land cited in the application which actually meets the definition for farmland or designated open space.

(e)     Any other criteria which the local governing body has demonstrated as being relevant to the application.

(3)       In reviewing an application for a local open space development rights easement, the local governing body shall first consider the ability of the land cited in the application to meet

the eligibility requirements of the act, section 324.36101(j)(ii).  The local governing body may then take into consideration the following:

(a)    The physical resource characteristics for open space use.

(b)     Any encumbrance on the property.

(c)      The percentage of the land cited in the application which actually meets the definition for local open space.

(d)    Any other criteria which the local governing body can demonstrate as being relevant to the application.

(4)       In reviewing an application for a local open space development rights easement on appeal, the state land use agency shall consider the ability of the land cited in the application to meet the eligibility requirements of R 554.723.

History: 1979 AC; 2013 AACS.