DCPREZ-2014-10658 - Laserfiche WebLink

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(3) Land division.The COVERED LAND may not be divided,nor may the farmstead area be detached and sold separately from the agricultural area,for purposes of sale of less than the entire COVERED LAND,except with the prior written approval of the HOLDERS under section I.The HOLDERS may not approve a division or detachment that is inconsistent with the purpose of the EASEMENT. (4) Conservation compliance.All land uses on the COVERED LAND shall comply with applicable state laws related to soil and water conservation,nonpoint source pollution and nutrient management,regardless of whether the landowner or land user receives any cost-share payment for compliance.All highly erodible land on the COVERED LAND shall be subject to a conservation plan prepared in consultation with the local county land conservation committee.Timber harvested for sale shall be harvested according to a forest management plan prepared or approved by a qualified forester that maintains the productivity of the forest resource and is consistent with the purpose of this EASEMENT AGREEMENT. A landowner may receive cost-share payments to achieve compliance with environmental laws,including conservation compliance obligations. (5) Land surface alteration. Any alteration to the surface of the agricultural area including excavation,removal or filling of the land surface shall be consistent with the purpose of the EASEMENT.Permitted alteration under this subsection is limited to any of the following: (a)An alteration that is minimal in scope and impact and does not by itself or in combination with other alterations exceed one(1) acre in size.Any alteration shall be repaired to the maximum extent feasible to restore the land's potential for agricultural use. (b)An alteration authorized under paragraph H(1)(b)to(g) (6) Residential use: No residential use is permitted on the COVERED LAND. I. HOLDERS'APPROVAL REQUIRED (1) An owner of the COVERED LAND may not do any of the following without the HOLDERS approval: (a) Cover any part of the agricultural area with additional impervious surface or gravel.Approval of the HOLDERS is not required if the action is permitted under paragraph H(5)(a)or H(1)(g). (b) Subdivide the COVERED LAND. (c) Separate and sell either the agricultural area or the farmstead area. (d) Alter the land surface in the agricultural area in excess of one(1)acre.Approval of the HOLDERS is not required if the action is permitted under paragraph H(5)(a)or H(1)(b)to(g). (e) Materially expand or alter any pre-existing use or structure in the agricultural area.Approval of the HOLDERS is not required if the action is permitted under paragraph H(5)(a)or H(1)(g). (f) Petition the county and town boards to rezone the property to another zoning district. (2) A request for approval shall be in writing and shall clearly and accurately describe the proposed action.The description shall include the nature,size,scope,location,design and other material features of the proposed action,and any other information reasonably required by the HOLDERS. (3) The HOLDERS may approve a proposed action in response to a written request under sub.(1)if all of the following apply: (a) The proposed action and subsequent land use is consistent with the purpose of the EASEMENT. (b) The proposed action and subsequent land use will not violate section H. (c) The proposed use will not unnecessarily convert prime farmland or cropland,will not convert the primary use of the COVERED LAND to a use other than agricultural use,and will not materially impair or limit any surrounding agricultural uses. (4) The HOLDERS will grant or deny a written request under sub.(1)within 90 days after receiving a complete written request under paragraph I(2).The HOLDERS may deny a request in their sole discretion,and are not required to justify any denial.The HOLDERS Page 4 of 11