15.15.05.06

.06 Foundation Decision.

A. County Approval Required. After receipt of the county's decision, as provided under Regulation .05B of this chapter, the Foundation shall inform the landowner of the county's decision and the Foundation's proposed decision and, if the request was denied, provide the landowner with the opportunity for a contested case hearing, as defined by the Administrative Procedure Act. The Foundation may not approve a landowner's request for termination unless it is approved first by the governing body of the county containing the land.

B. Foundation Approval. After county approval under Regulation .05B of this chapter, and the landowner's opportunity for a hearing under Regulation .04E of this chapter, the Foundation may approve a request for termination only upon a finding by an affirmative vote of a majority of the Foundation members at-large, and upon the approval of the Secretary of Agriculture and the State Treasurer that profitable farming is not feasible on the land. The Foundation shall notify the landowner and the county governing body of the Foundation's decision.