15.15.01.09

.09 Approval or Disapproval of Application by County Governing Body.

A. Within 30 days after receiving an owner's application to sell an easement, the Foundation shall notify the governing body of the county containing the subject land that it has received an application.

B. Within 60 days after receiving the notification referenced in §A of this regulation, the county governing body shall advise the Foundation as to local approval or disapproval of the application.

C. The Foundation shall grant a county governing body a 30-day extension of this response period if the county governing body applies to the Foundation for an extension and states its reasons.

D. In deciding whether to approve the application, the county governing body shall receive the recommendation of the county agricultural preservation advisory board.

E. In making its recommendation, the county agricultural preservation advisory board shall take into consideration criteria and standards adopted by the Foundation under current local regulations, local patterns of land development, and any locally established priorities for the preservation of agricultural land.

F. The county agricultural preservation advisory board shall provide a public hearing concerning any application to sell an easement if a hearing is requested by a majority of the county agricultural preservation advisory board, or by a majority of the county governing body, or by the applicant.

G. The Board of Trustees of the Foundation may not approve an application to sell which has not been approved by the governing body of the county containing the subject land.