(A) Revocation and enforcement.
(1) District. By providing 30 days’ advance written notice to the Advisory Board, a landowner of qualifying farmland within a Voluntary Agricultural District may revoke the conservation agreement or the Advisory Board may revoke the same conservation agreement based on noncompliance by the landowner, subject to the same provisions as contained in § 157.08(C) for appeal of denials. Such revocation shall result in loss of qualifying farm status and loss of eligibility to participate in a district. Absent noncompliance by the landowner, neither the Advisory Board nor the Board of Commissioners shall revoke any conservation agreement prior to its expiration. If the Advisory Board shall revoke this conservation agreement for cause, the landowner shall have the appeal rights set forth in § 157.08(C). Enforcement of the terms of a conservation agreement for land enrolled in a Voluntary Agricultural District shall be limited to revocation of the conservation agreement and the benefits derived therefrom.
(2) Enhanced District. Conservation agreements for land within Enhanced Districts are irrevocable for a period of ten years. Enforcement of the terms of the conservation agreement may be through an action for injunctive relief and/or damages in any court of competent jurisdiction. The county may also terminate any benefits to the owner under this program either permanently or during the period of violation, as appropriate. If the Advisory Board shall revoke this conservation agreement for cause, the landowner shall have the appeal rights set forth in § 157.08(C). The right to terminate program benefits is in addition to any legal rights that the county may have under either this chapter or the terms of the applicable conservation agreement. The county may seek costs of the action including reasonable attorney fees if such a provision is incorporated into the conservation agreement.
(B) Transfer.
(1) District. Transfers of land in a Voluntary Agricultural District due to death of the landowner(s), sale, or gift shall not revoke the conservation agreement unless the land no longer qualifies for enrollment under § 157.07 of this chapter or, in the event that there are water or sewer assessments held in abeyance, the new owner(s) fails to agree in writing to accept liability for those assessments in the event that the land is withdrawn either voluntarily or involuntarily from the district.
(2) Enhanced District. Transfers of land in a district due to death of landowner(s), sale, or gift shall not revoke the conservation agreement. The conservation agreement for the Enhanced Voluntary Agricultural District shall be binding upon all successors in interest to the landowner, except for successors in interest resulting from the exercise of rights under a security interest or lien that proceeded the conservation agreement.
(C) Renewal.
(1) District. A conservation agreement for land within a Voluntary Agricultural District, that continues to qualify under all provisions of § 157.07, shall be automatically renewed unless the landowner provides 30-day written notice to the Advisory Board of intent not to renew. Absent noncompliance by the landowner, neither the Advisory Board nor the Board of Commissioners shall fail to renew any conservation agreement unless this chapter or its authorizing legislation has been repealed.
(2) Enhanced District. A conservation agreement for the Enhanced Voluntary Agricultural District, that continues to qualify under all provisions of § 157.07, shall be deemed automatically renewed for an additional term of three years, unless either the Advisory Board or the landowner gives written notice to the contrary prior to the termination date of the conservation agreement. At the end of each three- year term, the conservation agreement shall automatically renew for an additional three-year term unless notice of termination is given.
(1996 Code, § 157.09) (Ord. passed 1-7-2008; Ord. passed - -2018; Ord. passed 3-7-2022)