§ 150.011 PUBLIC NOTIFICATION.
   (A)   Purpose. The purpose of this section is to help meet the needs of agriculture as an industry and to prevent conflicts between enhanced agricultural district participants and nonfarm landowners in proximity to districts.
   (B)   Procedure.
      (1)   Generally.
         (a)   Notification. Upon certification of qualifying farm land and designation of real property as a district, the Agricultural District Advisory Board, in cooperation with the county, shall provide notification to property owners, residents, and other interested persons in and adjacent to any designated agricultural district. The purpose of the notification is to inform all current and potential residents and property owners in and adjacent to an agricultural district that farming and agricultural activities may take place in this district any time during the day or night. These activities may include, but are not limited to, the following: pesticide spraying, manure spreading, machinery operations, livestock operations, forestry operations, including logging, and similar activities.
         (b)   Types of notification.
            1.   Signs identifying approved agricultural districts shall be placed along the rights-of-way of major roads;
            2.   Maps identifying approved districts shall be provided to the Register of Deeds, the Soil and Water Conservation office, the Cooperative Extension office, Building and Land Development, and Tax Mapping; and
            3.   The following notice shall be available for public inspections in the Register of Deeds office:
NOTICE TO REAL ESTATE PURCHASERS IN LINCOLN COUNTY OF ENHANCED AGRICULTURAL DISTRICTS FOR FARMLAND CONSERVATION.
   Lincoln County has established enhanced agricultural districts for farmland conservation to protect and preserve agricultural lands and activities. These districts have been developed and mapped by the County to inform all purchasers of real property that certain agricultural activities including, but not limited to, pesticide spraying, manure spreading, machinery operations, livestock operations, forestry operations including logging and similar activities may take place in these districts any time during the day or night. Maps and information on the location and establishment of these districts can be obtained from the Soil & Water Conservation District Office/NRCS, Register of Deeds, Cooperative Extension Service, Building & Land Development and Tax Mapping.
      (2)   Limit of liability. In no event shall the county or any of its officers, employees, or agents be held liable in damages for any misfeasance, malfeasance, or nonfeasance occurring in good faith in connection with the duties or obligations imposed by this subchapter.
      (3)   No cause of action. In no event shall any cause of action arise out of the failure of a person researching the title of a particular tract to report to any person the proximity of the tract to a qualifying farm or enhanced agricultural district as defined in this subchapter.
(Ord. passed 10-15-2007)