Montana Code Annotated 1999

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     2-15-3317. (Temporary) Criteria for agricultural easement -- rulemaking. (1) The commission shall adopt rules that establish the criteria and policies for acquiring agricultural easements. With respect to each proposed acquisition, the criteria and policies adopted by the commission must consider:
     (a) important natural or public values, found within family farms, ranches, and forest lands;
     (b) the threat of conversion of the property from traditional agricultural use;
     (c) cooperation and support among neighboring property owners and protection of individual property rights;
     (d) positive impacts on long-term agricultural productivity and perpetuation both within and beyond the boundaries of the proposed agricultural easement;
     (e) landscape and watershed integrity to conserve water quality and natural resources;
     (f) habitats for native wild species, including habitats for important, rare, or sensitive species;
     (g) potential social and economic impacts to affected local governments and the state;
     (h) regional balance of approved agricultural easements;
     (i) potential for leveraging state funds allocated to the program with additional public or private funds;
     (j) whether the landowner is a resident of the state, as defined in 87-2-102;
     (k) provisions for compensating landowners who agree to allow public access on the agricultural easement. The agreement to allow public access may not be a requirement for any proposed agricultural easement acquisition and may not result in a higher funding priority for any agricultural easement acquisition.
     (2) In order to receive commission approval, a proposal is not required to meet all of the criteria set forth in this section.
     (3) The commission shall adopt rules that it considers necessary to implement 2-15-3312 through 2-15-3322. (Terminates July 1, 2003--sec. 15, Ch. 456, L. 1999.)

     History: En. Sec. 7, Ch. 456, L. 1999.

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