(1) If the application is complete and the minimum criteria established in Section 27-5(2) is met, the Rural Land Board may purchase a conservation easement for the parcel.
(2) All applications shall be evaluated and scored by the rural land staff using the evaluation criteria established below in Section 27-7(3).
(3) For purposes of this section, less than one-half (1/2) acre shall be rounded down and one-half (1/2) acre or more shall be rounded up. This evaluation and scoring shall be done in accordance with the following criteria:
(a) Length of public road frontage (five (5) possible points). The purpose of this criterion is to encourage the conservation of parcels with significant road frontage. These points shall be calculated a follows:
1,001 feet+ | 5 points |
501 feet-1000 feet | 3 points |
350 feet-500 feet | 1 point |
(b) Proximity (fifteen (15) possible points). The purpose of this criterion is to encourage the protection of large contiguous blocks of rural land. Distances shall be measured from the parcel's boundary lines and the point from Part B (part of "Batch application") are in addition to any points from Part A (proximity to another property protected with conservation easement). These points shall be calculated as follows:
Adjacent to property with an existing agricultural easement | 15 points |
Within ½ mile | 10 points |
Within 1 mile | 5 points |
More than 1 mile | 0 points |
(c) Quality of soils (thirty (30) possible points). The purpose of this criterion is to examine the quality of soils on the property for agriculture. Soil information will be provided by the landowner in the application and verified by the rural land staff with the assistance of the Natural Resources Conservation Service (NRCS). The NRCS maps will be the basis to decide this question. These points shall be calculated as follows:
At least 80% prime farmland | 30 points |
At least 70% prime farmland | 25 points |
At least 60% prime farmland | 20 points |
At least 50% prime farmland | 15 points |
At least 50% statewide important | 10 points |
At least 25% prime farmland & less than 50% statewide important | 5 points |
(d) Agricultural improvements (five (5) possible points). The purpose of this criterion is to evaluate the owner's long term commitment to agriculture. It should be noted that the type and amount of on-farm investments will vary depending on the type of agriculture practiced. Each parcel shall be evaluated based on the type of agriculture involved on that particular parcel. There shall be no preference for one (1) type of agricultural operation over another. Factors to be considered would include the presence of substantial and well-maintained on-farm investments such as barns, other agricultural buildings and equipment, fencing, waterways or other conservation measures, and similar items. These points shall be calculated as follows:
High amount of on-farm investment (multiple permanent agricultural and agricultural related structures & equipment) | 5 points |
Moderate amount of on-farm investment (at least some agricultural structures & equipment) | 2 points |
No on-farm investment (zero (0) improvements or equipment) | 0 points |
(e) Environmentally sensitive areas (five (5) possible points). The purpose of this criterion is to protect environmentally sensitive areas. If the parcel includes environmentally sensitive areas (ESA) as determined by the rural service area land management plan, it will receive up to five (5) points. These points shall be calculated as follows:
At least 50% environmentally sensitive areas | 5 points |
Some, but under 50% environmentally sensitive areas | 2 points |
No environmentally sensitive areas | 0 points |
(f) Designated rural greenways (five (5) possible points). The purpose of this criterion is to protect designated rural greenways. If any part of the parcel is located within one (1) of the rural greenways, as determined by the rural service area land management plan, it will receive five (5) points.
(g) Designated focus area (ten (10) possible points). The purpose of this criterion is to protect the designated focus areas, as determined by the rural service area land management plan. If any part of the parcel is located within one (1) of the focus areas, the application receives ten (10) points.
(h) Natural protection areas (five (5) possible points). The purpose of this criterion is to protect the special natural protection areas. These points shall be calculated as follows:
Parcel is included in "A" list of special natural protection areas in the rural service area land management plan and includes rare or unusual flora or fauna, special indigenous plant sites, wildlife habitat or ensures biodiversity | 5 points |
Alternatively, applicants will be eligible to demonstrate the parcel contains special natural protection areas not identified in the rural service area land management plan. The landowner who indicates on his or its application that the property includes rare or unusual flora or fauna, special indigenous plant sites, wildlife habitat or provides wildlife ecosystem linkages necessary to ensure biodiversity will need to provide background information relating to the existence of these resources on the property. The existence of these items should be independently verified by the rural land staff or an independent non-profit conservation organization such as the Nature Conservancy. | 2 points |
(i) Linkages (four (4) possible points). The purpose of this criterion is to protect linkages within the rural areas. This criterion examines whether the parcel is located near or has the ability to be linked to parks, nature preserves, nature sanctuaries, historic sites or other lands that have been specifically designated for long term natural resource use, conservation or preservation purposes. Distance is measured from parcel boundaries. These points shall be calculated as follows:
Contiguous or provide direct linkage | 4 points |
Within 1/2 mile or provide a buffer | 2 points |
Within 1 mile | 2 points |
(j) Historic cultural resources (eleven (11) possible points). The purpose of this criterion is to protect the historic/cultural resources of the rural area. Points in subsections (iii) are in addition to any points accumulated from subsection (i) or (ii), and shall be calculated as follows:
(i) If any part of the property is listed in the National Register of Historic Places, is located in a National Register Historic District, is located in a locally designated historic district, or is designated a local historic landmark (H-1), it would receive three (3) points, or if the property is determined eligible for the National Register it would receive two (2) points.
(ii) If the property includes stone fences including, but not limited to, those stone fences documented in The Stone Fences of Fayette County (1990), the property would receive two (2) additional points. A minimum of one hundred (100) linear feet of stone fence is necessary.
(iii) If the property contains any registered or significant archeological sites, it would receive two (2) additional points.
(k) Scenic resources (eleven (11) possible maximum points). The purpose of this criterion is to protect the scenic resources of the rural area. Points in subsections (iv) through (vi) are in addition to any points accumulated from subsections (i), (ii) or (iii).
(i) If the property is located on one (1) of the scenic rural roads identified in rural service area land management plan, the property would receive two (2) points;
(ii) If the property is located on a local/state designated scenic or historic byway or highway, it would receive three (3) points;
(iii) If the property is located on a federally designated scenic or historic byway or highway, it would receive five (5) points;
(iv) If the property is adjacent to I-64 or I-75 and/or is part of the scenic viewshed visible from I-64 or I-75, it would receive two (2) additional points;
(v) If the property is part of the scenic viewshed visible from publicly owned land such as parks, nature preserves, sanctuaries, historic sites, the property would receive two (2) additional points; or
(vi) If the property contains other scenic features, such as tree-lined canopy, or significant viewsheds, it would receive two (2) additional points. The scenic features of the property must be documented and independently verified.
(l) Consolidation of small tracts. The purpose of this criterion is to encourage consolidation of nonconforming tracts of less than ten (10) acres to achieve up to, but not including, 19.99 total acres. Such tracts may be part of a platted property or part of a larger parcel.
For each nonconforming tract of less than ten (10) acres which is consolidated, add one (1) point up to a maximum of five (5) points.
(m) Batch application. The purpose of this criterion is to encourage landowners of contiguous parcels to apply to the program as a joint batch of applications. A "batch" of applications is defined as two (2) or more applications submitted by two (2) or more property owners of contiguous parcels. Each application submitted as a "batch" application will be individually evaluated and the batch will be given five (5) additional points for being part of a batch application.
(Ord. No. 004-2025, § 1, 1-23-25)