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(7) "Forester"means a licensed professional forester,a person who has received a bachelor's or higher degree in forestry from a
<br /> school of forestry with a curriculum accredited by the Society of American Foresters,or other qualified person as determined by
<br /> the HOLDERS.
<br /> (8) "Hazardous materials"means any petroleum,petroleum products,fuel oil,waste oils,explosives,reactive materials, ignitable
<br /> materials,corrosive materials, hazardous chemicals,hazardous wastes,hazardous substances,extremely hazardous substances,
<br /> toxic substances,toxic chemicals,radioactive materials, infectious materials and any other element,compound,mixture,solution
<br /> or substance which may pose a present or potential hazard to human health or the environment.
<br /> (9) "Impervious surface"means an installed material that prevents rain from falling directly onto the land surface or surface
<br /> vegetation,or that prevents rain water from percolating directly into the soil.Impervious surface includes roofs,containers,
<br /> pavement and macadam.
<br /> (10) "Livestock"means bovine animals,equine animals,goats,poultry,sheep,swine,farm-raised deer,farm-raised game birds,
<br /> camelids,ratites,and farm-raised fish.
<br /> (11) "Open space or natural resource use"means a use,other than an agricultural use or an accessory use,that includes no buildings or
<br /> permanent structures,other than limited structures such as fences or government-approved natural resource conservation practices
<br /> that do not convert the land to other uses.
<br /> (12) "Pre-existing structure"means a building or structure that existed on the date of this EASEMENT AGREEMENT,as identified in
<br /> Section H and shown on the map attached as Exhibit C.
<br /> (13) "Pre-existing use"means a land use,other than an agricultural use,an accessory use, or an open space or natural resource use,
<br /> that existed on the date of this EASEMENT AGREEMENT,as identified in Section H and shown on the map attached as Exhibit C
<br /> (14)"Protected farmland"means land that is legally protected from nonagricultural development.
<br /> (15) "Third party enforcement right"means a right provided in a conservation easement empowering a governmental body,charitable
<br /> corporation,charitable association or charitable trust,which,although eligible to be a holder, is not a holder,to enforce any term
<br /> of the easement.
<br /> H. USE OF THE COVERED LAND
<br /> The EASEMENT limits use of the COVERED LAND as follows: 4°05-
<br /> Land uses in the agricultural area. Land uses in the agricultural area are limited to the following:
<br /> (a) Pre-existing uses and structures.The following pre-existing uses and structures that have no m: erial adverse impact on
<br /> agricultural use of the COVERED LAND: (DESCME EXISTING STRUCTURES ON THE COVERED LAND) These pre-existing
<br /> uses and structures may be repaired and maintained without approval from the HOLDERS.However,these pre-existing uses
<br /> and structures may not be materially expanded or altered,or be renewed after being discontinued,without the prior written
<br /> approval of the HOLDERS under section I.
<br /> (b) Agricultural uses not requiring the installation of impervious surface or gravel.
<br /> (c) Accessory uses not requiring the installation of impervious surface or gravel.
<br /> (d)Undeveloped open space and natural resource uses.
<br /> (e) Uses for which the HOLDERS give prior written approval under section I.
<br /> (f) Fencing.
<br /> (g)Natural resource conservation practices implemented in compliance with a state or federal conservation standard.
<br /> (2) Land uses in the farmstead area.Land use within the designated farmstead area as described in Exhibit A are limited to activities
<br /> and structures used to support the agricultural operations on the COVERED LAND or support customary rural enterprises as
<br /> described under section G(1). Any activity within the farmstead area must comply with all applicable regulations,ordinances,and
<br /> codes.
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