DCPREZ-2014-10658 - Laserfiche WebLink

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(8) "Impervious surface"means an installed material that prevents rain from falling directly onto the 1 d surface or surface vegetation,or that prevents rain water from percolating directly into the soil.Impervious surface includes roofs,containers, pavement and macadam. (9) "Livestock"means bovine animals,equine animals,goats,poultry,sheep,swine, farm-raised deer,farm-raised game birds, camelids,ratites,and farm-raised fish. (10) "Open space or natural resource use"means a use,other than an agricultural use or an accessory uoe,that includes no buildings or permanent structures,other than limited structures such as fences or government-approved natural resource conservation practices that do not convert the land to other uses. (11) "Pre-existing structure"means a building or structure that existed on the date of this EASEMENT AGREEMENT,as identified in Section H and shown on the map attached as Exhibit C. . (12) "Pre-existing use"means a land use,other than an agricultural use,an accessory use,or an open.;pace or natural resource use, that existed on the date of this EASEMENT AGREEMENT,as identified in Section H and shown on the map attached as Exhibit C (13)"Protected farmland"means land that is legally protected from nonagricultural development. 1 (14) "Third party enforcement right"means a right provided in a conservation easement empowering i governmental body,charitable corporation,charitable association or charitable trust,which,although eligible to be a holder, is not a holder,to enforce any term of the easement. H. USE OF THE COVERED LAND The EASEMENT limits use of the COVERED LAND as follows: (1) Land uses in the agricultural area.Land uses in the agricultural area are limited to the following: (a) Pre-existing uses and structures. The following pre-existing uses and structures that have no material adverse impact on agricultural use of the COVERED LAND: Silo(s),grain bins,or any other agricultural accessory building(s). These pre- existing uses and structures may be repaired and maintained without approval from the HOLDERS. (b) Agricultural uses not requiring the installation of impervious surface or gravel. (c) Accessory uses not requiring the installation of impervious surface or gravel. (d)Undeveloped open space and natural resource uses. (e) Uses for which the HOLDERS give prior written approval under section I. (f) Fencing. (g)Natural resource conservation practices implemented in compliance with a state or federal conse ation standard. (2) Land division.The COVERED LAND may not be divided,for purposes of sale of less than the enti e COVERED LAND,except with the prior written approval of the HOLDERS under section I.The HOLDERS may not approve • division that is inconsistent with the purpose of the EASEMENT. (3) Conservation compliance.All land uses on the COVERED LAND shall comply with applicable sta e laws related to soil and water conservation,nonpoint source pollution and nutrient management,regardless of whether the lando ner or land user receives any cost-share payment for compliance.All highly erodible land on the COVERED LAND shall be subj;ct to a conservation plan prepared in consultation with the local county land conservation committee.Timber harvested for s.le shall be harvested according to a forest management plan prepared or approved by a qualified forester that maintains the productivi of the forest resource and is consistent with the purpose of this EASEMENT AGREEMENT. A landowner may receive cost-shay. payments to achieve compliance with environmental laws,including conservation compliance obligations. Page 3 of 9 A